Atlanta Georgian., 1914-02-24
BECKER WINS
BUT GUNMEN
MUST DIE
Supreme Court Grants Police
Lieutenant New Trial, but Con-
firms Sentence of Others.

ALBANY, y. Y, Feb. 24,-Charles
Becker, the ex-lieutenant of police
now in the death house at Sing Sing
under sentence TO be electrocuted for
the murder Of gambler Herman
Rosenthal in New York City. was
granted a new trial to-day. The de-
cision was handed down by the State
Court of Appeals on a plea made by
| counsel for Becker in December, 1913,
and reversed the conviction
! The decision of the court came as
no surprise. in view of the rumors that
had been circulated here and in New
York for some time that Bosker's
appeal would be granted,
The appeals of the four young gun
men, who were convicted of actually
killing Rosenthal were denied and
they must die in the electric chair.
| The gunner are Harry Horowitz,
alias "Gyp, the Blood" Louis Rosen-
berg, alias Lefty Louie" Frank Girl
I fici, alias rDago Frank" and Frank
! Mueller, alias Whitley Lewis
Questions Evidence.
judge Hiscock who wrote the pre-
yaillRg opinion OF the court, reviewed
the history of the case and continued
Notwithstanding the prompt and
Jealous efforts of the District Attor-
neg, absolutely no testimony was Civ
en- at the trial directly tending to
connect the defendant With the muir
der by ether than six Witnesses.
These gave evidence Of alleged
conversat with Becker either re-
lating to the future commission of the
murder or containing admission of
completely in it's past commission. and
! because Of their prominence and con-
! trolling importance for the pTosecu-
tion, the character and situation OF
these witnesses merit careful consid-
| Grafton
Judge Hiscock then reviewed the
testimony of the various witnesses
for the prosecution including Rose,
| Webber. Nallon and SChepps. He
scored the conduct of the trial and
| severely criticised the witnesses
against Becker, including Rose "is as
| 1t seems to us inherently improbable
| and unworthy Of belief
/ Referring TO Rose, Webber and Val
Ion, whom he characterized as gamb-
lers and law breakers, Judge Hiscock
said;
Calls Informers Murderers.
"Undisputedly they were guilty of
the murder of Roscnthal. Soon after
itoccurred their completely in hiring
the men who actually killed Rosen-
thai was established and There was
no question that they had forfeited
their lives and were subject to the
punishment of death But they
claimed that the defendant had insti q
gated them to commit the dreadful
crime and by virtue of this claim they
secured from the District Attorney
Q stipulation giving immunity TO the
conceded murderers, # they would
furnish evidence tending 10 convict
Becker.
"The remaining witness was
Schepps, also a gambler ana law p
breaker and the intimate Of Rose.
While the presiding justice permitted
the jury to find that Schepps was not
an accomplice of Rose and the others,
and therefore not guilty like them Of
the murder Of Rosenthal some Of The
members OF the court believe that that
finding was opposed to the over
whelming weight Of the evidence
which showed his close relationshi.
with and dependence upon Rose.
Testified Under Pact.
He too. was testifying agains.
Becker under an agreement of i'm
munity substantially similar in iis
effect to that which had been extend
ed to the other conceded murderer
and thus we have these four Wit
nesses acting under an agreement
sparing the lives which admittedly IN
the case Of three Of them. and prob
ably in the case OF the fourth, wore
forfeited provided they would give
evidence to convict the defendant.
while Becker on their theory was
principal in and supervisor and pro-
moter Of the plan to murder Rosen-
thai, the singular circumstances APP
pear that for days before the murder
was committed there was no personal
conference between him and his
agents, but the proposed murder was
discussed openly and at times like an
incident Of subordinate importance
by him over the telephone. Thus
| Becker stands condemned without any
opportunity for a jury to hear these
persons who according to Rose and
! his associates, took them to the Har-
Hem conference but who for them
selves soemnly aver in an AFFIDAVIT
that they never attended any such
| meeting
| Judge Miller in a concurring
opinion is even more severe in his
criticism Of the trial than is Judge