The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-25
BECKER ENTITLED
TOFA|RER TRIAL
Conviction of Former Police
Lieutenant Reversed by
Court of Appeals.
JUSTICE eoFF PREJuDIcED
Sentence of Four Gunner for
Same Crime Is At
frmed.
GoFF PREJUDIcED
JUSTICE

hiDdily, feDEuaEy Lt.-Ihe con-
v'ction of Charles Becker, n former
New York police lieutenant, Of the muir
der of Herman Rosenthal was reversed,
and the convictions OF the four gun
men for the same crime. was affirmed
to-day by tho Court OF Appeals.
Justice Goff. the court held. erred
in many of his rulings In Becker'n trial
and appeared to be prejudicial In his
attitude toward the defendant The
reversal was based solely OH these
grounds. No attempt was made by the
court to say whether tho weight OF evil
dcnce against Becker was sufficient to
warrant his conviction. 1t was pointed
out. however. that tho Testimony
against him was given by witnesses Of
low class and, as much Of it was open
! to fairer trial than he received
Al! OF the seven members OF the
AS presiding judge when the appeal
was argued. concurred in the prevail
Ing Becker opinion. which was written
In dissenting opinion Judge Werner
said that tho main contentious OF the
state had been amply proven to war
schepps's status Unsettled.
| The much question as to the
status OF Sam Scheppa. who the Jury
In the Becker case decided was not
unsettled. The prevailing opinio rs
! merely said there was doubt in the
minds nrnnt,s or some 81, Of the COURT as to the
rn Thu dec !an IN the , case of the tou.
Louie" was unanimous They had
averred that the evidence against them
and also that tn. court had erred in
handling their cases. but these conten-
tons We're held to be groundless.
gunner aoon will be fixed by the court
Regarding Sam Schepps. the opinion
While the presiding Justice per-
was not an accolnplice OF Rose and
them. OF the murder OF Rosenthai,
some of the members Of the court be,
lieve that the, fnding was opposed to
the overwhelming weight Of the evil
dcnce."
Attention was called to the fact that
Becker never was directly connected
pected, convicted him. or the five
witnesses. Luban. Halien, Rose. Web
Der and WALTON was said:
One OF them. Luban. was produced
Tor the purposes or the trial by the
criminal authorities of neighboring
on some conviction or charge whereof
me me mature b does not appear. After
he
Tore going on the stand this witness.
IN a manner which We cannot but re-
sara rs suggestive. was given AN OPP
chief witness for the prosecution. and
who was Immediately to follow him
upon the stand. Their evidence was
llallen, was degenerate lawyer and
convict. who also was temporarily de-
liyered from jail TO be witness. In
evidence furnished by their character
and by the direct contradiction of
other witnesses, much OF the testimony
herent!y improbable and unworthy OF
belief.
Undoubtedly Guilt, of Murder.
three OF the other witnesses were
and law breakers. already referred to,
Cndisputably they Were guilty OF the
Cured their completely In hiring the
men who actually killed him was es-
T. and there was no question
were subject TO the punishment of
death. but they claimed that the de-
PENDANT had instigated them to do this
they secured from the district attorney.
with the consent OF the court, as the
stipulation recites. nm agreement IN
writing giving immunity TO them. CON
coded murderers. u they would furnish
evidence tending to convict Becker,
who thus FAR had only been accused
Among other features regarding the
testimony which the opinion pointed
out were:
That none OF the witnesses against
BECKER was able to fix or approximate
the date of the so-called Harlem con-
terence at which ii was declared Becker
made the ARRANGEMENT with Jack Rose
ana others TO Kill Rosenthal.
That there Is grave doubt II there was
any evidence whatever to corroborate
the testimony of the six witnesses to
the effect that Becker was an accom-
plice to the killing.
That when the so-called Harlem
conf ference took place Rosenthal had
obtained no attention to his COM
plants against Becker.
That the two charffcurs who are
said to have carried Rose and his
friends to the Harlem conference never
were produced"
After referring to ali of these facts
and circumstances, the opinion went on
to say that In the light OF much doubt
existing as to Becker's guilt. he GER
tainly was entitled to the fairest trial.
which he did not get under Justice
Golf. Virtually all of the opinion was
devoted to criticism of the New Yorl.
justice.
Gunmcn Hear News.
Ossining, n. Y. February 24.-News
that they were to die and that Becker
was to have new trial reached "Gyp,
the Blood" Whitley" Lewis, "Dago
Frank Ci-ofci opJ ..T aet,r o,,io,