New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-05-07
COCHRAN MAKES VAIN
ATTACK ON WHITMAN
Orator for Defence Tries to
Prove the Prosecutor
Guilty of Contempt.
CALLS NEW TRIAL
IAN ASSASSINATION
defendant Not Likely to Testify
Morose as Case Opens-To-
day MAY See Evidence.


There we're FIVE jurors in the jury poN
,.b.n court adjourned yesterday in the
&c, davs session Of the second triai
- charles Becker. charged with the
r,rrder Of Herman Rosenthal. before
1nstice Seabury. in the Criminal
Branch Of the Supreme Court. Whiie
nearly every talesman of the seventy
four examined admitted that he hah
AN opinion" as TO the guilt or inno-
ce,ce Of the defendant, many were
found who ,eclared they could lay II
aside and render a verdict based soieiy
on the evidence.
The first days work Of getting the
i,,rv was facilitated by the court ana
counsel alike Beyond all expectation
Only one Juror was obtained at the
opening day of the first Becker trial
II looked as if the jury box might be
fled at the adjournment Of court to-
day.
The opening Of the trial was marked
by a sensational attack on District AZ
torney 'Thitman by W. Bourke Cock
ran. Of counsel for the defence, who
sought to have the prosecutor adjudged
in contempt because Of certain articles
which appeared in the newspapers re-
Gently. which articles. Mr.. Cochran
charged. emanated from the District
Attorneys Office and were prejudicial
10 his client. The attack was made IN
a loud voice. with a stormy show of
anger in the presence Of the first one
hundred talesmen of the special panel
Of three hundred from which the jury
will be selected.
Mr.. Cockrans Motion Denied.
Justice Seabury did not entertain Mr..
Cockran's motion seriously. He re-
served decision until the end Of the
morning session and then promptly de-
MED the motion. remarking that 1t was
without substance or justification. he
.ut the lawyer off abruptly when the
latter persisted in arguing the matter.
He declared that the matter incorpo-
rated in the affidavits submitted on ,he
motion did not warrant the calling Of
witnesses or further investigation, and
that he had reserved his decision mere
Iv because he did not wish to express
his attitude Of mind on the matter be-
+, fore the talesmen present.
Undaunted by the failure of his cf-
fort 70 discredit the District Attorney
70 the beginning Of proceedings, Mr..
COCHRAN PERSISTED in attempting
blockade by making three other formal
motions-for adjournment, TO discharge
the panel and for a change of venue
all predicatcd On the contention that
Becker could not get fair trial 1T
this time because Of the prejudicial at
mosphere created by the District At
torney" in giving out false stories to
the newspapers during the last few
DAYS. Justice Seabury denied the mo-
lions in toto.
Il shall deny any motions for ad-
journment or delay in these proceed
a serious matter before us here and we
are ready to proceed. The Becker trial
will proceed"
Mr.. Cochran is associated in the case
with hi. partner, Martin Il. Manton,
who has charge of the general conduct
II the defence. Mr.. Cochran evidently
appeared in court yesterday merely TO
make the preliminary motions. He did
not remain in court after his first mo-
tions were denied. He reappeared at
o'clock, whel Justice Seabury allowed
him a brief argument before denying
the motion for contempt. The lawyer
then left the courtroom, not TO appear
again du~ ng the day, in no gentle
mood. Asked outside if he intended TO
deliver the opening address to the jury
for the defence he said heatedly:
NO. l am not. l am through with
the Becker case. II 5 not trial. II
is an assassination.
Friends C the lawyer said later that
ey did not believe -e meant TO with
draw entirely from the case, but that
he had been very much disappointed
and incensed at the turn Of the early
proceedings.
The cause Of the stir at the opening
Of court related TO the publication on
Tuesday Of a statement made by Carl
Dresner. who said that John Becker.
the brother of the defendant, had in
spired ..ni Coz, he'd him in the perjured
testimony which he confessed he gave
ct the venth hour hearing before
Justice Goff on a motion for a new trial
Tor the four gunmen. MIR. Cochran al
ieged that the statement was prepared
IN the District Attorneys Office ami
mat It was given 20 the reporters WITH
tne admonition that ?. must appear as
an interN .ew with Dresner in the
Iombs. He first accused Mr.. Whitman
ssatlnued on page S. column