The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-05-23

Here are the points OF evidence that
most influenced the Jurors:
First. that Becker. Rose and Rosen-
thai were unquestionably friends and
gambling partners.
Second. that Becker alone had the
murder compelling motive. which was
that Roscntha!s death was necessary
to save him from prosecution as
rrofter exposure, ruin and disgrace.
Third. that James Marshall. the
negro lad. told the truth about the
Harlem conference and thereby fur
nished the most important corrobora-
ton for Jack Roses whole story.
Fourth. that the evidence OF the
telephone company's sheets recording
calls for Becker at the time Rose said
he called were incontrovertible. This
led the Jurors to credit the Forty
second street conference after the
murder.
Fifth. that Becker did lie when he
told Deputy Commissioner Dougherty
that he hadn't communicated with
Rose since July IL.
These were the details that swung the
verdict, and they convinced the jurors
that Rose and Weber and WALTON had
testified substantially to the truth.
Debate About schepps.
There was. however. a big question in
Schepps. Why wasn't Schepps produced
they asked themselves. After considerable
argument they decided to eliminate
Schepps entirely.
They asked also why John j. Donohue
the dummy In the Becker-Rosenthal $1,000
mortgage transaction. had not been called
by the State. But that point was dis
carded In the light of credible evidence
of close relations between Becker and
Roscnthal. The Jurors believed that Mrs
Rosenthal told the truth. and that heI
story was additional corroboration fol-
Jack Rose.
As soon as the Jury retired. at 1881
+. NJ, there was some discussion as to
whether or not they should start serious
elaboration on the case then or wait UNI
I'll after lunch. II was decided to take q
preliminary ballot, with the understand
ing that II they were nearly enough
agreed they would finish the case then
Before they balloted Foreman Blagder
had each man swear that under no cir
cumstances would he make public the
opinions OF individual Jurors OF tell how
any juror voted.
splits on First Ballot.
The first ballot, the one they took be
fore going out to lunch. stood six to six
Six Jurors were for murder In the frs
degree, two were for acquittal, one bal
lot was blank and three were for lessee
degrees of guilt. This showed that th'
fury was pretty well divided and. afte
some discussion. II was decided TO post
pone further voting until after lunch.
They rode silently to and from tn,
Murray Hin Hotel. They ate luncheon
without discussing the case. When thu
fury got back from lunch vote was taken
This second vote stood seven TO five
Seven were for murder. The blank ballo
still sppeared-one man evidently wait
ing TO see what the others would decide
one vote was for acquttal and three wer
for lesser degrees OF guilt. The ballo
that followed this, the third. showed tina
of the three who were voting for Jesse
degrees of guilt one had been won owe
TO the majority, while another had lis
tened to the argument that Becker wa
either guilty as charged or innocent an
had decided for innocence. This ballo
stood eight to four-eight for first de
gree murder. one blank, one for less de
gree and two for acquittal.
The fourth ballot indicated that tel
were for first degree murder. one for &C
quittal and one for lesser degree.
Before taking the final ballot the Juror
went over the evidence. They started wit
Rose. WALTON and Weber. and aske
themselves II these witnesses lied.
The anal vote. was taken after ssc