Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-05-22
Verdict in Celebrated Murder
Case Expected Within
a Few Hours.
LIFE OF EX-POLICEMAN
DEMANDED BY whitman
Jurors Instructed by Court That
They Shall Not Ignore Cir
cumstantial Evidence.

NEW YORK. May 22-The case of
Charles Becker, on trial for the second
time for instigating the murder of Her
man Rosenthal was given into the hands
Of the jury at 1872 o'clock this afternoon.
Supreme Court Justice Seabury had been
nearly three hours in delivering his
charge Justice Seabury began his charge
at 10 o'clock this morning.
Becker appeared In court a few min
utes after the jury was seated. His wife
sat at the side of the room.
This defendant" began Justice Sea-
bury, "is charged with murder in the
first degree. The people do not claim
that he fired the shot L ii killed Rosen-
thai, but they charge him with procur-
ing the commission of the crime.
Guilt of the Plotter.
IF this defendant, as lieutenant of
police had a murder done justice de-
mands that he be convicted and punished
by being sentenced to death. But he must
be proved guilty beyond reasonable
doubt.
Justice Seabury read the jury several
statutes dealing with the crime of mur-
der to show that in law a man who pro-
cured OF aided in the commission Of muir
der is to be considered a principal.
IF this defendant" he went on. "ether
directly or Indirectly procured the mur-
der of Herman Rosenthal he is guilty as
charged.
THE state has introduced both direct
and circumstantial evidence. The law
does not act upon circumstantial evil
dence alone. 1t does act. however, when
some direct evidence Is INTRODUCED. Jurors
should not disregard circumstantial evil
dence simply because it is such.'
The charge was worded with scrupulous
care. Time and again Justice Seabury
told the grave audience in the jury box
about contradictory evidence. Yours Is
to decide which you shall believe. JUS
tice does not require a victim. If this
defendant is innocent it would be ter
ribie to find him guilty because of any
prejudice that might be held against
him. But you must not allow your judg-
ment to be influenced by any sympathy.
The jury sat in silence while the usual
motions for dismissal of the case were
made and then nled quietly to their room
Becker went back to his cell in the
| Tombs and his wife went to luncheon a,
a nearby restaurant.
The jury made no attempt to begin de-
liberations at once. In the custody OF
court officers the twelve men went to
luncheon at an uptown hotel.
Early Verdict Is Expected.
A quick verdict was expected, many
who have followed the course Of the trial
predicting that Becker would know his
fate withinsa few hours. probably late
today.
Nineteen months ago it took the jury
iph fn Jict If
guilty. This was set aside by the court
of appeals. necessitating the present trial.
In the trial now drawing to close the
state put thirty-three witnesses on the
stand to establish the guilt of Becker;
the defense produced twenty-six to con-
trovert this evidence. Becker did not
appear on the stand, having been dis
suaded from testifying by his counsel.
~ prominent witness Tor the state at
the nrst trial who did not appear this
time was Sam Schepps. whose testi-
many was discredited in the court of
appeals opinion reversing the verdict of
guilty.
The trial was brought to a close last
night. SO far as the defense and prose
cution was concerned. with two of the
most dramatic appeals for the life and
for the death of man on trial ever
heard in the criminal courts building. The
crush to hear the closing arguments was
not exceeded even when Evelyn Thaw
was giving her testimony in defense of
Harry Thaw for the murder of Stanford
W mite.
Wants the big Criminal
District Attorney Whitman spoke for
three hours at the night session, taking
out of the mouth of Jack" Sullivan,
witness for the defense whom Mr.. Man
ton had lauded as a man deserving of
the jury's commendation, the words of
his testimony that Whitman wants
Becker and shouting, "Of course 1
want Becker. l want the big criminal.
l want the man back of it all. 1 want
the man who inspired and engineered
this whole monstrous crime
Sullivan. sometimes known as the king
of newsboys," whose real name is Jacob
Reich then came in for a scathing de-
nunciation at the hands of the district
attorney.
Reverting to the murder. the district
attorney criticised the killing of Rosen-
thai with dramatic emphasis.
The crack Of those pistols in 4:ird
street was defiance of our American
institutions, he declared, and the bull
let's from those pistols missed a chal-
lenge to our civilization