The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-02-25
UNDER OPINION BECKER MAY
GET FREEDOM WITH
OUT 4 TRIAL.
All Judges But One Agree Becker
Did Not Get Fair Trial.
Criticize Justice Golf.

NEW YORK. Feb. si-The con-
NiCtion OF Charles Becker. former
police Lieutenant. OF the murder OF
the gambler. Herman Rosenthal. was
annulled today by the court of ap-
peals al Albany. tho highest in tho
state. He Is entitled TO a new trial
but II seemed probable tonight that
he might so free without facing a
second ordeal. II was made known
that District Attorney Charles :
Whitman believes that under the pre-
vailinG opinion handed down BY the
court. conviction a second time Will
be impossible.
The appeal taken by the four gun
men. Whitley Lewis. Lefty Louie. "
"Gyp the Blood" and "Daco Frank. d"
convicted as the actual murdersrs OF
Rosenthal and whom Becker was aC-
cused OF having tnstigated 10 com
init the crime. was not sustained and
they will die in the electric chair.
probably in March. except in the
event Of executive clemency
The district attorney is the last
man in the world" said Mr. Whit
man tonight. who should want
conviction TO stand which is not JUS
Unable by law. That is all the COM
ment that ! care To make"
Little Hope Of Conviction.
Ihe district attornev had not re
oeived the full text OF the opinion to-
night. bur II was learned that. form
ing his Judgment on such OF 10 as was
available. he had little hope of pre.
senting evidence against Becker suffi-
Ctent To convict at a second trial. A.
Mr. whitman was said To have inter
preted the opinion. the testimony os
the three chief Witnesses against
Becker-JaCk Rose. Bridgie Wcbbor
and Harry Nallon. sell-confessed ac-
complies has not been held by tho
court 90 be credible. Although IL is
kniwn that the district attorney has
new evidence which he could bring
forth. the testimony of these three
the gamblers who said they hired the
gunner To kill Rosenthal az Becker =
behest- was the foundation OF the
case.
Mr. Whitman also vas under tho
impression tonight that in effect the
court had held that Sam Schepps. the
smooth talking little gambler who cor
roborated the trio, was also an ac-
Complice
IF twenty men were in the conspir-
acy to murder" a lawyer close To the
district attorney said tonight. and
neneteen OF them were 10 turn state 8
evidence against the twentieth. the
twentieth could moi be convicted und-
~ this dicision. II would be futile 10
Drlng BeCktE 10 trlal again.
Not Of Great Value.
The suggestion made tonight that
the four gunmen. now that their only
hope lies in executive clcmency.
might turn states evidence was not
received bv the district attorney as
one that offered hope Of aiding a con
yiction. lie thought that their testi-
mony. also under the ruling of the
court. would lie in the same category
sa Af AAnhhnr "A al
II was the consensus of opinion
among those connected with the dis
trict attorneys office that should any
action be taken by BeCker's counsel
toward securing a dismissal OF the
case District Attorney Whitman
would not oppose H.
Good news received. CCrEratula-
tions and thanks was the telegram
Joseph \ Shay. his attorney. re-
ceived from Becker from the death
house in Sing Sing prison. whore he
has been confined since his cOnviC-
tiUn year ago last October shay
was iubillut tonight, declaring that
the states ease had fallen 10 pieces.
lie said that ne was going To- see
Elckcr tomorrow and that within a
day or two he would confer with th"
district attorney and request a dis
mi~ssl OF the Indictment
ALBANY y. Y. Feb. ~ NO CON
victiOn Of Charles Becker. former
New York police lieutenant, Of the
murder Of Herman Rosenth3l. was re-
verspd and the convictions 0f the four
guuWen for The same crime was at
frmed today by the court Oi appeals.
Justice Con. the court. held, erred
iu MANY Of his ruling in Bccker's
trial and appeared 10 b. urciudiCial In
his attitude toward the defendant.
The reversal was based solely on these
grounds 40 attcWut was made by
the court to say whether the weight
uf evidence against the convicted man
Wg- sufficient fo warrant his CouNic-
ton lf was POINTED ont. however.
that 'hl testimony against him was
given h' WftnCests ~ low class and Ia
much of DO va. Uuuu f1 doubt. no..
therefore. wa- entitled 10 i1ircr trial
than h. received
NU OF D.. seven members uf fIr
court. except lsIdgH Werner. Who acted
as presiding Judge. whom fhr afWrHl
vns .raund. CouDurr.d boo the prevail.
ina Rocker opinion. which was written
hy judge 70 cock lu 70 dia .out.ur
Ouiu.Ou judge Werner said that fha
main contentious OF fhp .'Hfu had
hr'n amply proven fo warrant JUuyiC.
fiou
Tho wuDI mr0trd question Is fo the
status OF sam -rUrUp- whom iHa jour-.
BOO tho Becker rHsr decided vt. NOT
gu ArCUWuliDs lO fI" crime. still Ia
unsettled Tho prevailing opinion
merely said that there was doubt IN