New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-05-23
The Becker Verdict.


TIL. reS,lt of the second Becker trial Is vlndi-
cation of the soundness and efficiency OF the jury
system. AS our criminal procedure has become
mora and more over-refned and more and more oo-
stctive Of the true purpose of criminal admnistra-
ton our juries have happily become more and more
disposed to vindicate the majesty Of the law by au
herring to simple, common sense methods
Juries nowadays stand in great awe OF con-
fusing technicaties and the red tape OF legansih'
Intelligence and independence are more widespread
and jury conscious Of its ability to interpret 1ac's
Is less hindered than ever before in interpreting
them in accordance with its own ideas OF reason
After the recent reversal rulings Of the Court OF
Appeals it might have been imagined that jurynen
would bak little at treating the facts IN the no
senthal murder case just as they would treat the
accustomed facts of everyday life. But they ola
not hesitate to 90 straight from practically the
same data to the same inevitable conclusion.
Who was the inciter OF Rosenthals murder? The
state held that Becker was the man most acnVeiy
interested in putting Rosentha out of the way ana
the best efforts of the defendants counsel would
have seemed to almost any twelve impartial-minded
men to fall far short of giving plausibility to any
contrary theory.
It may not be incumbent on a defence to set up
an alternative theory but had there been any ground
on which to base the claim that Rosenthal was shot
without Becker's knowledge In gamblers war"
counsel for an innocent man would undoubtedly
in the states rival solution.
Beckers defence was altogether too passive IL
stood solely on negations, and those negatons did
not greatly appeal to common sense There was
not enough of the fighting spirit Of conscious inno-
cence on the Becker side to shatter even from the
psychological point of view the damaging array of
direct and corroborative evidence presented by the
District Attorney.
We do not see how any competent jury could hnd
Becker innocent on the showing made either at
this trial or at the first trial Because we believed
the first verdict substantially just we depored the
action of the Court of Appeals in overrung it on
techncaities In our view the technical
found may have married the juristical symmetry of
the first trial. but they did not interfere with the
reasonabity of the verdict
To the lay mind the substantiates Of justice are
more important than the niceties Of procedure, and
when substantial justice is defeated narrow
grounds of technicality it is opinion that both
the courts and the public suffer.
Criminals have extraordinary advantages under
our system of criminal law. The dice are always
loaded in their favor. The chances of an innocent
mans being convicted negligible. The chances
in favor of guilty mans escaping are far too
liberal.
Such verdicts as that in the Becker trial yester-
day therefore reassuring They show that juries
are stanch and eager to do justice they It, and
justice the jury It is still properly the
trolling ideal in criminal trial system.
Mr. Whitman is TO be congratulated on having
fought against great odds a splendidly successful
battle to bring to account the man highest UP" in
the Rosenthal murder conspiracy.
New York will be cleaner and better city for the
conviction of this arch criminal masquerading in
polIceman's uniform.