Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-02-26
COURT REVERSES
BECKER VERDICT
Holds Trial of Former Police
Lieutenant for Rosenthal
Murder Unfair.
ELECTRIC CHR Fur GUNNER
'Cyp the Blood" Lefty Louie"
Whitley" Lewis and "Dago"
Frank to BE Executed
Soon.

New York. Feb 2l---The conviction
IF Charles Becker, former police lieu
tenant Of the murder OF the gambler
Herman Roscnthal was annulled to-
lay by the court Of appeals at Albany,
,hc highest tribunal in the state. lie
Is entitled to new trial, but it seem
ID probable tonight that he might go
rec without facing a second ordeal
It was made known that District At
,orney Charles S Whitman believes
that under the prevailing opinion
handed jo"n by the court conviction
a sec opd lime will be impossible.
The appeal taken by the four gun
mcn, Whitley Lewie. Lofty Louie
"Gyp the Blood" ana "Dago Frank"
convicted as the actual Hurderers Of
Eosonthal and whom Becker was &C
cused of having iustSl.ed to commit
the crime, was not sustained and they
will die in the elect"ic chair, probably
in March except in the event Of eX-
ccutive clemcncy.
"Thc district attorney is the last man
i'm the world" said Mr. Whitman to-
night "who should want a conviction
to stand which is not justifiablc by
law. That is all The comment that
care to make
The district attorney had not tonight
received the fun text of the opinion,
but it was learned that, forming his
judgment on such of it rs was avail
able, he had little hope of presenting
evidence against Becker sufficient to
convict at a second trial. AS the dis
trict attorney has new evidence which
preted the opinion. the testimony of the
three chief witnesses against Becker
Jack Rose Bridgy Weber and Harry
WALTON, self confessed acComplic es-has
not been held by the court to be credi-
Die. Although it is known that the dis
.rict attorney has new evidence which
lie could bring forth. the testimony of
;hese three-the gamblers who said
hey hired the gunner to kill Rosen-
hal at Beckers hehest-was the
foundation of the case.
ANOTHER TRIAL FUTILE.
Mr. Whitman also was under the i'm
preston tonight that in effect, the court
las held that Sam Schepps, the smooth
alking little gambler who corroborated
he trio, was an accomplish.
IF twenty men We're in the conspiracy
to murder" a lawyer close to the dis
t1ict attorney said tonight, land nine
teen of them were to turn States evil
ience against the twentieth. the twentieth
could not be convicted under this de-
cision. 1t would be futile to bring Becker
TO trial again"
The suggestion put forth tonight that
the four gunner. now that their only
hope lies I'm executive cicmoncy, might
turn States evidence was not received
by the district attorney as one that
offered any hope or aiding a conviction.
e thought that their testimony, also,
under the ruling of the court, would lie
in the same category as that of Rose,
Weber and WALTON.
It likewise was the consensus of
opinion among those connected with
the district attorneys office that
should any action be taken by Beck
crs counsel toward securing a dismis-
sal Of the case. District Attorney
Whitman would not oppose it.
BECKER WIRES GRATITUDE.
Good news received. Congratula-
lions ami thanks" was the telegram
Joseph A. Shay. his attorney, received
from Becker from the death house ir
Sing Sing prison. where he has beer
confined since his conviction year
ago las; October Shay, jubilant to
hight. AID declaring that the states
case had fallen TO pieces said that ht
was going to see Becker early to-mor'
row and that within a day or two h.
Ivp"id confer with District AttorneS
Whitman and request q dismissal Of
the Indictment
Beckccs schoo!-tcachcr wife who h3
been weekly visitor to the death hous
II Sing Sing during her husband 3 incar
ceratlon. threw hey arms around hCr at
lorney's neck and Kissed him when sh
came 20 his ONCE to-day to hear the goo,
news, At soon as the prison authorize
receive the courts romit'itur, Becker vii
be brought TO New York and placed Il
the Tombs until MS case is disposed Of.
Most of the principal witnesses aPaiNs
Becker arc still in New York and woul
be available IN the event that the distric
attorney after later consideration Of III
case, should decide upon second trial
Rose. Webber, Vallou and Schepps oh
tained immunity from prosecution by ties
tifying for the State and are at large.
MEN TURN OVER NEW LEAV.
They have abandoned the ways the,
Abllp"tu NHtI lDtthtE hutN lItUlt Il
head OF the strong arm squad" whic
dealt with gamblers, ana are maxim
money, their attorneys say, at legitimat
occupations. Schepps Is travelling for
iewelry house; Valon is salesman in
lighting fixture store, and Rose is writ
ing a conscientious effort to live straigh
turing under the management of
lyceum bureau.
Rose heard of the decision OF the cOuI
Of appeals before he left this aftcrnoo
70 speak at Port Jervs, \. Y, but r,
fused TO comment The baldheaded in
former, according to his friends, is maxi
ing conscientious effort to live straig
AS proof of this, they asesrt that he ha
refused offers to go on the vaudeyill
stage and capitalize his notorety. He lee
lures mainly before religious organize
tons and his text is criminal reform
Weber Is a prosperous paper box mani
facturer in Passaic, n. j.
The district attorney obtained the test
mony of Rose, WALTON, Schepps and Wei
Der only after great difficulty and II
search for schepps lasted several week
Finally he returned to New York after r.
ceiving definite assurances of immunit
He testified that he had carried message
between Becker and Rose before an
after the crime, but that he had i
knowledge of the conspiracy that was
foot or what BeckePs alleged part was
Aae crime afte. Il was committed. III