The Ely miner., 1914-02-27
BECKER MAY never
FACE TRIAL AGAIN
DEATH SENTENCE OF FORMER
NEW YORK POLICE OFFICER
ANNULlED.
CASE MAY BE DROPPED NOW
District Attorney Whitman Thinks
Second Conviction Almost I'M
possibIe-Four Gunmen Lose
Out and Must Die.

New York, Feb 26.-The conviction
of former Police Lieutenant Charles
Becker for the murder of the gam
bier, Herman Rosenthal was annulled
by the court of appeals at Albany,
the highest in the state.
Believes Conviction impossible.
He is entitled to a new trial, but
it seems probable that he may go
free without facing second ordeal.
1t was made known that District At
torney Whitman believes that under
the prevailing opinion handed down
by the court, conviction a second
time will be impossible.
The appeal taken by the four gun
men, Whitley Lewis, "Gyp the
Blood" Lefty Louis" and 'Dago
Frank convicted as the actual muir
derers of Rosenthal and whom Beck
er was accused of having instigated
to commit the crime, was not sus.
tanned and tney will die in the elec-
trio chair, probably in March, except
in the event of executive clemency.
The district attorney has not re.
ceived the full text of the opinion,
but it was learned that forming his
judgment on such. if it was available,
he had little hope of presenting evil
dence against Becker sufficient to
convict at second trial.
Interpretation of Whitman.
AS Mr.. Whitman was said to have
interpreted the opinion, the testimony
of the three chief witnesses against
Becker-Jack Rose, Bridge" Web
Der and Harry Vallon, self-confessed
aocomplices-has not been held by
the court to be credible. Although
it is known that the district attorney
has new evidence which he could
bring forth, the testimony of these
three-the gamblers who said they
hired the gunmen to kill Rosenthal
at Becker's behest-was the founda-
ton of the case.
AS soon as the prison authorities
receive the courts remittur, Becker
will be brought to New York and
placed in the Tombs until his case is
disposed of.
Justice Goff, the court held, erred
in many of his rulings at Beckers
trial and appeared to be prejudicial
in his attitude toward the defendant
The reversal was based solely on
these grounds.
No attempt was made by the court
to say whether the weight of evidence
against Becker was sufficient to war
rant his conviction. 1t was pointed
out, however, that the testimony
against him was given by witnesses
of low class and as much of it was
open to doubt, he, therefore, was en-
titled to a fairer trial than he re-
ceived.
One Judge Dissents.
All Of the seven members of the
court except Judge Werner, who act
ed as presiding judge when the ap-
peal was argued, concurred in the pre-
vailing Becker opinion, which was
written by Judge Hiscock. In a dis
senting opinion, Judge Werner said,
in the main, the contentious Of the
state had been amply proven to war
rant conviction.
The crime for which Becker and
the four gunner received sentence
of death stirred every stratum of New
York society and it's echoes were
heard in the recent city campaign.
Herman Rosenthai, a gambler, was
shot down early on the morning of
July 16, 1912, in front of the Hotel
Metropole. The conviction of Becker
and the gunmen chiefly were based
on the testimony of Jack Rose, a gam
bier; 'Bridgie" Webber, Roses part
ner, and Harry Vallon, one Of their
agents. This trio turned states evi-
dence and declared they had hired
the four gunner to kill Rosenthal at
Becker's request.