The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-27
BECKER TO GO FREE
WITHOUT new TRIAL
CONVICTED POLICE LIEUTENANT
WILL BE LET ALONE
Courts Ruling ON Evidence of Accom-
piiceS Will BE Bar to
Failure Conviction.

azure (OhFlctloHs
New York, Feb. 24.-The conviction
OF Charles Becker. former police lieu
tenant OFF tae murder Of the gambler,
Herman Rosenthal, was annuled to-
day by the court Of appeals at AL
bany, the highest in the State. He is
entitled 10 a new trial, but it seemed
probably tonight that ne might go
free without facing a second ordeal,
It was made known that District Al
torney Whitman believed that under
the prevailing opinion handed down
by the court conviction a second time
will be impossible
Appeals taken by the four gunner
-"Waitney Lewis, Lefty Louie,
"Gyp The Blood" and "Dago Frank"
-convfcted Is actual murderers OF
RosenthaI Becker being accused Of
having insigated them to commit the
cline. were no. sustained and they
will have to die in the electric chair,
probably in March except in the
event of executive cIemency.
'-The district attorney is the last
man in the world, said Mr. Whitman
tonight, "who chould want a convic-
tion to stand which is not justifable
by law. That is all the comment that
I care to make"
His Hopes Small.
The district attorney had not re-
ceived the full text of the opinion to-
night, but it was learned that, form
ing his judgment on such Of it as
was available. he had little hope Of
presenting sufficient evidence to con-
vict Becker at a second trial. AS
Mr.. Whitman was said to have inter
preted the opinion, the testimony Of
the three chief witnesses against
Becker-John Rose, Bridge Weber
and Harry Yallon-self confessed ac-
complices, had not been held by the
court to be credible Though it is
known that the district attorney has
new evidence he could not bring forth,
the testimony of these three-the
gamblers who said they hired the
gunner TO kill Rosenthal at Becker's
behest-was the foundation Of the
case.
Schepps Also Under Ban.
Mr.. Whitman also was under the
impression tonight that in effect the
court had held that Sam schepps, who
coryoborated the trio, also was an
accomplice
If 20 men We're in the conspiracy
10 murder a lawyer close TO the dis
trict attorney said tonight, "and 10
Of them were turn States evidence
against the 2Os1, the 20sh could not
be convicted uader this decision. 1t
would be futile to bring Becker to
trial again
The suggestion made tonight that
the four gunmen, now that their only
hope lies in executive c.emepcy, might
turn States evidence was not received
BY the district attorney as one that
held out hope of aiding a conviction.
He thought their testimony would lie
III the same category as that of Rose,
Weber AID Vallon It was the con-
sensus 81 opinion among those in the
district attorneys office that If ac-
ton is taken by Becker's COUNSEL TO-
wards obtaining a dismissal OF The
case. District Attorney Whitman
would not oppose it.
Waiting the vile.
When Mrs. Becker was informed
<of the reversal by Attorney Shay, she
Immediately left her home and went
tc shay's Office. There Is reporters.
Becker's TWO brothers. Jackson Becker
and Police Lieut. Joan Becker, were
waiting for her. When Mrs Becker
opened the door and her eyes fell
upon S2ay, she ran through two Of
fcers to reach him. The woman threw
her arms around Shay's neck and
Kissed him. !
Mrs. .Becker's mother died yester-
day She viii be buried tomorrow.
Despite this fact, Mrs, Becker's face
was wreataed in smiles q am the