The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-25
WHITMAN WON'T SAY
! YET WHAT HE'LL DO
Some Of His Staff Of Opinion
That Becker Will Not
Be Retired.
RULING REALLY FREES HIM
Defence Attorneys, Shay, McIn-
tyre and Fish. Are Not
Surprised.

After the nrst Of the excitement in the
nelghborhood Of the offices OF District
Attorney Whitman and his stafY had sub
sided somewhat late yesterday afternoon
the opinion seemed fixed among those
who had been very close to the whole
Rcsenthal matter since its beginning that
Becker never will be put on trial again.
MIR. Whitman refused to make any
statement on this question. In fact, to
all the questions shot at him by the re-
porters his answer was that he had no
predictions or comments to make at this
time.
II haven't even read the opinion handed
down. he said. except in piecemeal, az
bits Of II have come to me. One state
ment. and the only one which l make,
and you may spread IL broadcast, il
this: The District Attorney liz the last
man who would want to see a conviction
stand that is not justified in law"
Although the District Attorney would
give no intimation of his ideas about
the probability OF a new trial, others who
had given the Becker case close atten-
don both before, during and after the
trial. freely expressed the opinion that
The reversal OF yesterday means that
Becker cannot be convicted on "a second
trial. and that the reversal OF yesterday
therefore Is practically equivalent to free
dom for the policeman.
After an opinion such as has lust been
handed down." is the way one put IL,
Becker couldn't be sent to the chair
now, no matter how many turned States
evidence. A new conviction now seems
next door to impossible
Can Reach Witnesses.
In case Becker should come To trial
again there is every assurance that the
CrOsatLtiDn In tptleh Wit
Weber, WALTON and Schepps. The agree
.iat made with Rose. WALTON and Weber
does not mean that they cannot be placed
or trial themselves. even for the murder
when they admit they helped engineer,
although such a possibility is very remote.
They got immunity from trial on n
murder charge. however. only on condl-
ton that they would tell the truth.
II in a search for new evidence II
should be shown that Rose. Weber and
Vslon lied on the stand then the stipu-
lation made with them before they were
permitted 10 become witnesses for the
State goes by the board,
II was difficult for many. some at the
District Attorneys office said. to reconcile
the sustaining OF the gunner convictions
and the reversal of the Becker verdict
The greatest blow to the prosecution's
case. II was thought was the statement
~ he decision that some members OF the
court DtneNs tnat tnt HiluiHs DS tne tTid
court that Sam Schepps was not an ac-
complete was opposed TO the overwhe!m'
irg weight Of the evidence
Even II. as minated. the state starti
In 10 turn up now evidence such decision
on Schspp's status In the case would
make a new prosecution futile unless
conducted along different lines.
Happy, Not Surprised.
~. n,,l,ar l., ,,.,..rs Insenh Shay
who devoted twenty months on IL as chief
counsel John f. Mcintyre who defended
Becker on trial. and Leonard +. Fish. who
prepared the brief upon which the case
went up TO the Court Of Appeals. were
delighted with the decision, but none
would say he was surprised
Pleased. Of course ] am plea sed said
~, SHAY, but ! am not surprised, for
have felt all along that II would come ou
As Il mas come ont l also believe thai
Becker will be indicated. have just sent
FOR inc courts opinion in full ana as soor
40 the remittitur comes down from tbs
court ! viii 40 with the Sheriff TO brinf
Becker back TO this city. | worked for .
solid year on the $4,000 word brief ant
ny argument before the court. There
vii, De no further hard work from now on
II 10 not believe that Charles Becker
will ever be tried again. He IL limo
cent and ne should go free. II ther'
y retrlNl ne Will De acquitted
Mr.. Shay paid n high compliment to tn
nerve oil his client.
'He was mistaken throughout" N
said.
John F. Mcintyre said:
III the case is tried again In TAI
and impartial atmosphere Becker mus
be acquitted. I believe the hysteria ant
the prejudice Of the first trial are nov
gone and the scales Of justice will b
evenly held.
Bias Made Trial Unfair.
Becker. In my Judgment. Is absolutel
innocent Of the charge made against MIN
but bias was everywhere and existed I
such degree that II made fair tria
absolutely impossible.
Becker felt from the FIRST that h
would be convicted. 1t was In the all
he told me. No matter what defence n
might have a verdict against him wa
called for and would come. Therefore h
told me that I should try the case Away
with an idea that the Court OF Appeal
would give him his fair hearing. Thi
was done thought OF nothing else"
Leonard r. Fish, himself once Distric
Attorney up State and counsel whos
brief was followed in the prevailing opin
ion. analysed the opinion.
1T Is entirely manifest from IN
opinions Of the court that the real an
fundamental ground of granting the ne
trial was because the majority OF IN
Judges were satisfied that the verdict W.
against the weight Of evidence on n