Milford chronicle., 1914-02-27
BECKER GETS
A new TRIAL
Court Of Appeals Gives Him
Another Chance For Life.
-FOUR GUNNEN MUST DIE
Sentence Of Alleged Plotter Of Rosen-
thai Murder Was Reversed Because
Of Errors Of Trial Judge.

The court of appeals, the highest
tribunal OF New York, granted new
trial to Charles A. Becker, former lieu
tenant of police of New York, who
was convicted of the murder OF Her
man Rosenthal, a New York gambler.
In reversing the lower tribunal the
court OF appeals stood six to one, JUS
tice Werner standing alone to uphold
the conviction.
The appeals of the four gunner,
1 convicted OF the actual killing of Ro-
senthal, were refused and all of them
must die. Both Becker and the gun
men are in the death house at Sing
Sing, where they were taken imme-
diately on their conviction of murder
of the first degree.
The four men, who, it was charged,
were hired by Becker to do the kill
I ing, are Harry Horowitz, known as
"Gyp the Blood" Louis Rosenberg,
otherwise Lefty Louie" Frank Giro
fict. otherwise "Dago Frank" and
Frank Mueller, known in the Ease
Side of New York as Whitley Lewis"
The appeal of Becker has been pend
ing since December, 1912. The decision
of the court caused no surprise in view
Of the fact that rumOrs had been cir
culated for some time that Becker's
appeal would be granted.
The four "gunmen" were convicted
of shooting Herman ROsenthal to death
in front of the Hotel Metropole, New
York. on the night Of July 16, 1912. 1t |
was charged that Becker conceived 1
the murder and planned II through the |
agency of three accomplices, chiefly /
Bald Jack" Rose. who later turned |
states evidence.
The appeal in Becker's case was not
only from the judgment of conviction,
but from the order denying motion for
a new trial. When the case was argued
in the court Of appeals on Dec. 1, Mrs.
Becker, the convicted mans wife, at
tended the sessions and listened atten-
lively to the arguments.
There were twenty-five legal points
in the appeal made for Becker. It was
the contention of his attorney that
"Sam" Schepps, an important witness
against him, was an accomplice. The
evidence that he had interviewed
Becker at the latter's home before the
murder was a fabrication he main
tanned 1t was cOntended that the tes-
timony of Schepps was not corrobora-
tive evidence within the meaning Of
the law.
Exception to the opening address of
the prosecuting attorney also was
taken.
The reversal was based entirely on
errors held to have been committed
by Justice Goff, before whom Becker
was tried. The question of the weight
Of evidence against Becker entered in
no way into the opinion, though it
was discussed.
Judge Werner held that the convic-
ion should be affirmed because the
main facts tended to prove Becker's
guilt. He said that the fact that the
main witnesses were gamblers, crimi-
lals and murderers should have moth
ng to do with the decision. He said
hat there was nothing to authorize
he court Of appeals to invade the
lrovince of the jury nor to decide in
dvance what must be done upon an
ther trial upon a similar statement
f facts"
In the gunmen's case the'court said
hat the only question to be decided
-as whether the court had erred. II
'as apparent the court of appeals
ED, that neither unfairness nor error
'as shown in the case.