The Sentinel=record., 1914-02-25

New York, Feb 24.--The conviction Of Caares Becker, former police lieu tenant, of the murder of the gambler, Herman Rosenthal, was annulled to- day by the court of appeals at Al bany, the highest court in the state
 He is entitled to a new trial, but it seemed probable tonight that he might go free without facing a second ordeal 1Ei It was made known tbat District Attorney Charles s. Whitman believes that under the prevailing opinion handed down by the court. conviction a second time would be impossible. Appeals taken by the four gunmen, "Whitey" Lewis, Lefty" Louie. "Gyp the Blood and "Dago Frank convict ed as the actual murderers of Rosen- thai and whom Becker was accused of having instigated to commit the crime, were not sustained and they will have to die in the electric chair probably in March, except in the event of executive clemency.
 The district attorney is the last man in the world said MT. Whitman tonight. who would want a conviction to stand which is not justitiable by law. That is all the comment that ] care to make"
 The district attorney had not receiv-
 r..h night. but 1t was learned that forming his judgment on such of it as was available, he had little hope of pre- sentiag sufficient evidence to convict Becker at a second trial. As MT Whitman was said to have interpreted the opinion the testimony of the three chief witnesses against Becker. John Rose Bridgie Webber and Har " Vallon, self-confessed accomplices, has not been held by the coHrt to be "creditable" Although 1t is known that the district attorney has new evidence he could bring forth, the tes- timony of these three. the gamblers who said they hired the gunmen C kill Rosenthal at Becker's hehest was the foundation of the case.
 Mir. Whitman also was under the impression tonight that in effect the court had held that sam Scdepps who corroborated the testimony, also was an accomplGe
 "If twenty men were in the con spiracy to murder" a lawyer close to the district attorney said tonight and nineteen of them were to turn state 8 evidence against the twentieth, the twentieth could not be convicted un- der this decision It would be futile to bring Becker 10 trial again
 Good news received Congratula. tions and thanks was the telegram Joseph A Shay. his attorney, receive from Becker from the death house in Sing Sing prison Shay was jubilant tonight declaring the statae's case had fallen to pieces He said that within day or two he would confer with the district attorney and request a dismissal of the indictment.
 Beckers wife, who has been weekly visitor to the death house in Sing Sing prison during her husband incarceration. threw her arms around the attorneys neck and kissed him wlen she arrived at his office today to hear the good news.
 As soon as the prison authorities receive the courts remittitur, Becker will be brought to New York and placed in the Tombs until his case l' disposed of. Most of the principa witnesses against Becker are still il New York and would be available | the district attorney should decld' on second trial. Rose Webber, Val Ion and Schepps, who obtained I'm munity from prosecution by testlfyln for the state, are at large. They nav abandoned the ways they followed when Becker knew them as head O the 'strongarm squad" that dealt wlt gambers.
 Justice Golf the court held, ere m many of his rulings in Becker trial and appeared to be prejudice in his attitude toward the defendant
 The reversal was based solely o these grounds.
 No attempt was made by the cou 10 say whether the weight Of eN denee against Becker was sufiieie' 'o warrant his conviction. It wa pointed out. however, that the test hony against him was given by WI