New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
Verdict of Death, for Killing Rosenthal, Set
Aside by Court Of Appeals, by
Vote of 6 to
NEW TRIAL NOT THOUGHT LIKELY
Judge FIscock Opinion Bases Action on Errors Not Oh
Evidence--Whitman Silent, but Counsel tor
Lieutenant Sure He viii Go free.

BY of the Court of Appeals ordered yesterday
former police lieutenant con-
victcd of the murder Of the gambler out OF
whose squea the police graft system OF New for "
which charged he shot to death grew probably 'ne
series Investigations and convictions tor muir
der and lesser crimes that occurred in the United States
upon the it held Justice Cot
presiding Judge made in of his rulings during the trial
The did pass the question whether the weight OF ev
against Becker sufficient warrant his conVcon r
dissenting opinion written by Justice Werner
refused unanimously the application for new tr'a
the gunmn convicted with him for the Roscnha
prevailing opinion Beckers written by Judge
Hiscok fifteen Justice Golf cited of which,
passed beyond the limits of discretion and were erroneous
as matters law while others had the tendency unwaantaby
unnecessarily embarass and hamper the defenda
Among these
CRITICISM OF THE COURT.
Judge Gof threat have Beckes counsel removed from
court objected of District Attorney Whitman
Rulings the defendant because the form OF ques
ton asked by his counsel
Refusal of the court to allow orey concede
d fact
The in the trial;
Refusal to grant opportunity crossexaine Rose Webbe
Vaon regarding their opportunity to harmonic their
disrespccu treatment of witnesses who tailed to
fulfil expectations of the and prosecution
refusal explanation from defendants
counsel objections his rulings
Go order counsel for the defendant ask questions wnc
the defence did not to ask;
The trial despite the plea OF counsel
of physical exhaustion:
Go sighting in his charge to the of arguments favorable
the defence while emphasized evidence favorable the
cuton.
The question as whether Sam Scpps acompce
except that the prevailing opinion stated there was
minds of of the court as to the poety OF ex-
Guiding Schepps accomplice
JUSTICE WERNER UPHELD GOFF.
dissenting opinion Justice Werner held that the convic-
ton should be affirmed the tended confirm
Becker guilt said there nothing authorize the Court
of Appeals the province of the jury nor decide in
advance done another trial similar state
Of facts" declaring of law committed the trial
which would Justify reversal
In the gunmen the held that neither
fairness nor reversible shown.
When District Attorney Whitman asked for expression
Of opinion he The District Attorney the last in the
world who should want which justified
in law.
When Mrs Becker she said she
vndication of her husband whose she
always believed prevented from going him by her
mothers death
Both his counsel John F Mcintyre and Joseph Shay said
that Becker had convicted through conspiracy and that
should there they confident he would 60 free
In his cell Sing Sing Becker received the calmly
said he the result the appeal adding that his wife
would be happy
Although opinion could be obtained from Mr. Whit
man it was said had little hope of convng Becker
second trial 1t of the apparent dscrditng
o the credbity by the he might agree
,J;ct