Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-02-25

Albany, N, VI. zen A34~- me t7ii-
viction Of Charles W, Becker. q form
err New York police lieutenant of the
murder of Herman Rosenthal, was
reversed and the convictions Of the
four gunner for the same crime was
affirmed today by the court Of ap-
peals
Justice Goff the court neld. erred
in many of his rulings In Becker's
trial and appeared To be prejudiced
in his attitude toward the defendant.
Tho appeal was based solely on these
grounds. 40 attempt was made by the
court 10 say whether the weight of
evidence against Becker was sHffi-
cient To- warrant his conviction. II was
pointed ont. however that the teati-
mony against him was given by Wit
ncssos of low class and as much Of u
was open to doubt he therefore was
entitled to q fairer trial than he re-
ceivcd
Am Of the seven members of the
court except Judge Werner. who act
ed as presiding Judge when the ape
peal was argued, concurred i'm the pre-
waiting Becker opinion which was
written by judge Hiscock. In q dis
scntng opinion, Judge Werner said
in the main Tho contentious of the
state had been amply proven to war
rant conviction.
The question as TO the status Of sam
schepps. whom the jury In the Becker
case decided was not an accomplice
prevailing opinion merely said there
was doubt in the minds Of the court
as 20 the proprIeW of excluding
schepps ats am accompliee
The decision In the ease Of the four
gunmen. "Gyp the Blood, Whitley
Lewis" "Dago Frank and Lefty
Louie" was unanimous
They had avcrred thar the evidence
against them was insufficient 10 WAR
rant conviction and also that the court
bad erred i'm handling their cases but
these contentious were held hy the
court to be groundless. The date Tor
the execution of the gunner viii hc
fixed by The court within Jew DAYS.
The law provides that the date Of exc
ecution shall not be deferred more
than six weeks after the Judgment Of
conviction has been announced
Weight OF Evidence Passed over.
Although the court cf appeals made
mo- attempt Go pass on the weight of
amy of the evidence. nor To fix The
status of any of those alleged TO have
been connected with The crime other
cham the five convicted men, il dea.,
al length with their testimony
Regarding sam schepps, whom JUS
ucc Goff permitted the jury 90 find
not Co be an accomplish the opinion
said
While the presiding Justice permi,
lcd one lufy Go find that schepps vas
mot INA aetomplico of Rose and the
others. and therefore not guilty nk,
them Of the murder of Rosenthai
some uf the members Of the court be-
Hcvc that the finding WIS opposed 81
the overwhelming weight OF the evi
donce
Attention vae called to Inc fact thaI
Heckcr never was directly connected
Nfh the crime but thar the testimony
Is others. who were Jointly suspected
convicted him
tf the five witnesses, Luhan, Hai
len. Rose, Wehbcr AMI WALTON. il was
said.
one II them, Luban was produced
for the purpose Of the trial By tho
criminal authorities of a neighborinr
state whore ne was confined In iai
Ken some conviction or charge whereof
.he nature does not appear. After
being brought to New York and be.
, lore Judge Gotf On the witness stand
this witness no d manner which ",
. annot b0t regard as Suggestive. wa'
given am opportunity for conference
WITH Rose the chief witness for tho
prosecution, and who was to follow
him upon the stand Their evidence
. was entirely harmonious Another
: witness, Hallon was Degenerate,
H'NAer and convict who also was ten
7 pofar'Y delivered from ian to be &
! witness ln dltion "a the mpeaeh
8 'l'Ai of iheir evidence furnished hN
2 ulelf character and hy the direct con.
+ l.a'ic1laH ef other witnesses. much 81
= lne testimony az these men. as il
seems g us was inherently improha
/, PIC ana unworthy If belief
i.'sv' Webher and WALTON Guilty.
s hhfee % the other witnesses wer,
4 isose. Nepher ana Walton, gambler.
IS sou awhfeakers already referrea 10
: = n"'sfataely they we're guilty Of III,
2 hNlNe' q kosenihal soon after +
u ees. rLe4 Their completely in hiring tn.