The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-14

..lcl AttornGy. who defended Becker at
me first trial, said he was doubtful that
The statement could be used as legal evil
4encc, pu, that it was possible that
Judge might permit its introduction.
Former judge w. NJ. X. Olcott an ex-
pert on criminal matters. said that it was
mis- belief that Dago Franks statement
could not be introduced into court, 10
matter what the circumstances were under
which Il was obtained.
AS elementary principle of law" said
Judge Olcott. the statement cannot be
Introduced. 1t Is an ex parte paper and
pago Frank did not undergo cross-ex-
animation. Because of this the paper IL
ot no value in court.
The only exception to this rule Is an
taIe-mortem statement. which can be
introduced The theory OF law on which
an ante-mortem statement is admissible
II thar the dying person would be willing
to be cross examined.
Inc paper coulu not be used against
Becker 1t could not Ice used agains,
sam Schepps or against Harry Vallon
Not long ago the Lac Journal printed
number Of statements from prominent
= Judges all over the country on the ques-
ton whether "A man about to die Is to
be thought more worthy OF belief than a
person In good health Most of these
JuF.s,s decided that man is just as likely
TO lie just before his death. even II he
knows bee is going to his death. as a
Vel person. This shows the inadvisa-
9Iliy OF admitting the uncross-examined
"sl. nouy Of a dying man into court
Mr Mcintyre said that there had never
been d similar situation in America. and
mat the law points involved were de-
batabe
If the statements of Dago Frank can
b" proved admissible he said, "it would
tend largely To eNculpate Becker.
~ "a tod ha thar
he had Informed the gunner that he was
cong work for Becker and that Becker
would protect them. DagO Frank said
mat hr never heard of Becker in cpnnec-
Ton with the case until after the murder
III Dago Frank Is to be believed II
SHOWS clearly that the gunner did not
KNOW whom they were working for ex-
t'pt Rose Webber and Nallon.
THE doubtful point liz how Dago
frdnkS statement can be made competent
Iio"f bat ] think upon the whole that ths
en'''c case has been surrounded by sc
many MYSTERIES and doubts born of the
lest upuv given by Rose, Wehber. NalloT
ana SuHrpps that the District Attorney
-loud ma the interest of justice. waive al
"sdl objections, and consent to the al
mission Of Dago Franks statement.
"Ihs Statement; of Franks discharges
mo obligation of the District Attorney
to continue immunity to WALTON. TIT
\dNon was assured that he could not HI
pros. IiDd i'm consideration of the testi
mony ', Dee given nculpating Becke
y n yeas proved that he, WALTON. did no
Ni' suot at the time of the murder o
Fo l'd All through the trial ! wa
IeNSr1 with communications ASSERTING
,''t Non did the actual shooting. bu
could not establish the identity OF tn
N'cr Who said he didn't want to b
H.AoH up m the case.
~ All events Dago Franks testimon
''' t1 testimony of Rose. WebbeI
'aOn' .lw Schepps"
'.' i-f position just now IL In
''I"u., Justice Con ruled at the tim
q. .. '.p's Of Becker and the gunme
'' OPS was not an accomplish. TIL
''lt .\upcals ruled that Schepps wa
=" '.' op.ice Schepps had n stipulatio
1 uly from District Attorney Whit
EHN