New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-08
Statement by Governor.


defendants was unanimously affirmed
by the Court Of Appeals. Judge Chase.
i'm writing the principal opinion of that
court. makes an exhaustive review az
the evidence The court found no error
had been committed on the trial. that
tho defendants had fair trial. and
that there was nothing i'm the case At
all TO require or 10 justify a new trial
Judge Chase distinguishes tho cases OF
these men from the Becker case. and
in this connection says:
The important issues in this case
are entirely different from the issues In
the Becker case
Guilt Proved TO Court.
Judge Miller, Who strongly assails the
verdict in the Becker ease. concurred I'm
the opinion OF Judge Chase In this case
and called particular attention 10 tho oyi-
dence which shows that four witnesses
in addition TO those in the Becker case
positively identified one or more Of these
defendants as participants i'm the shooting
OF Rosenthal that three Of these defend
ants we're confessedly at the scene OF tho
murder. and that the story that the
fourth was not there az the time was *
tremely difficult 10 believe. and that the
flight and concealment of the defendants
after the commission OF the crime. togeth-
er with the evidence in the case. left no
doubt in his mind as 20 their guilt"
after an exhaustive examination OF the
entire case" the Governor continued, 81
am convinced il would be a miscarriage OF
Justice to grant Communication, and an
improper exercise Of executive power g
grant a repreve.
ct is clear from the evidence. as stated
i'm tho opinion OF the Court OF Appeals.
that this case docs not in the least depend
upon the result I'm the Becker case. The
cases are entirely different This is clearly
pointed out by Judge Chase. who. In his
opinion, says:
"Tn this case while the conspiracy is
sought TO BE- shown by the same wit
nesses and substantially by the same cor
roboration OF such witnesses as I'm the
Becker case. and the statements Of the
men in that case are applicable 20 such
testimony. the testimony Of prime Inn
portance in the determination Of this ap-
peal is that relating 20 the actual fact OF
the killing Of Rosenthsl.
The simple question is whether the
murder was committed by the defendants
or by others Tf the direct testimony given
bv the witnesses called on behalf Of the
People I'm this case is true. the defendants
are guilty Of the actual murder OF Rosen-
thai. and the other testimony I'm the case
is of minor Importance
There is nothing i'm the case before
me TO show that there is any reasonable
probability that anything would be de-
veloped on the new trial OF Becker that
could in any way change the result
reached i'm this case. n the defendants
possessod any credible evidence 10 sup
port a motion for new trial, they have
hal sixteen months since their convic-
ton and six weeks since the decision Of
the Court OF Appeals in which 10 present
Il TO the courts.
"rhs is eminently a case for justice.
not mercy
After reading and rereading the rec
ord OF the case. the communications to
me from the presiding judge and the
prosecuting attorney. as well as the
unanimous opinion OF the Court OF Ap-
peas unfolding the verdict OF the jury
that passed upon the evidence In the
trial and thoroughly considering the de-
PENDANTS petition and all the facts that
have been brought 10 my attention, | can
not escape the conclusion that it is my
duty to deny the application for either a
communication OF sentence or a reprieve.
The application IS therefore denied"
No Hope at Any Time.
Justice Goff wrote the Governor as fol-
lows:
"As near as absolute certainty can he
attained by human means in a human
tribunal it was attained when these four
men were convicted of murder. The con-
viction has been unanimously affirmed by
the court Of last resort.
1T was proved that these men did not
even know Rosenthal; that they were
hired to murder him; that they did MUIR
der him, and that the only motive which
could actuate them was to earn their
price. Their guilt, therefore. did not in
any manner depend on the prior consic-
ton OF Becker. who, IL is claimed. through
his agents hired them. nor would II be az
fected IL the identity of Becker had never
been discovered
"The person who procures another 10
commit crime and the person who COM
mits Il are distinct entities, and the con-
yictlon of one I'm no sense Is dependent IN
the conviction Of the other. As the whole
matter now stands IL is settled beyond
peradventure that they physically shot
Roseuthal TO death. and the question
vhether Becker instgated their act may
affect him, but It cannot affect them.
Even II Becker on his trial should be
acquitted it might leave TO doubt and
conjecture the identity OF the instigator
but IL would not raise any doubt AZ TO
the identity of the men who fred the
shots
"A respite. therefore. TO await Becker's
trial. no matter what the outcome. could
not operate In tho slightest degree to aid
or detract from the truth now demon
stratod, while in all probability I would
terd 10 undermine all public contd .nce In
the administration Of justice.
Il have endeavored to separate the true
and governing principles from the con-
fused and loose thinking which con-
POUNDS the 'gunmens case MS In some