New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-07-24
Supreme Court Asked
to Act on Big Tim
Evidence.
TIME MAY BALK
LAWYERS PLAN
Perkins to Appear Before
Justice Ford on
Monday.

Confronted by numerous afhdavits
sverr.nC that Charles Becker was
Framed up" Justice Philbin, in the
Supreme Court, yesterday ordered Dis
trict Attorney Perkins to appear be-
fore Justice Ford, in the Supreme Court
on Monday morning, to show cause why
new trial should not be granted to
Becker
This proceeding virtually demands a
decision from Justice Ford by Tuesday
night. for Becker is due TO die IN the
electric chair before o'clock on the
morning following.
Should Justice Ford hold that the
time is insufficient only a reprieve from
Governor Whitman can save the con-
demned man. If Justice Ford refuses
TO order a new trial Becker's fight for
life will be over If a new trial is
granted that decision will operate as a
stay. without recourse to the Governor.
OF course, in the event that Justice
Ford found he could not give due con
sideration to the application for a new
trial within the short time left 10
him. he could recommend 10 Governor
Whitman that a short reprieve be
granted, but it is believed that even
such a request from that source would
not move the State Executive.
". Bourke Cochran and John -.
Johnston, Becker's attorneys, won the
order from Justice Philbin on the
ground that the afidavits contained
new evidence The sworn statements
one OF them from Becker-declare
that Becker told none of his counsel o.
the big Tim" Sullivan feature, which
they contend. would have effected Beck
cr's acquittal.
Joseph Murphy. convict, whose letter
TO Mr.. Cochran. stating that he over
heard the three informers discussing
plan 10 frame up Becker long before the
trial. has already been printed, makes
affidavit 10 the statements it contained.
Becker May Go to Court.
The attorneys offer to submit Becker
N the District Attorney for cross-eX-
animation before Justice Ford. Inc
latter could order the production OF
Becker before him.
The motion papers were served late
Yesterday afternoon on Mr.. PERKINS
lie refused 70 comment on the sltua-
uon and would not say who was 10
sppear for the District Attorney IN op-
position 20 Mr.. Cockran's argument on
Monday morning.
I'm the sworn statements are aihdaVltS
from John +. Mcintyre, who defended
Becker az the first trial, and Martin !:
Nanton, Becker's counsel at the second
trial. that they did not know o1 the
late Senator Sull,van's part IN the case.
The Rev Father James B. Curry, IomDS
chaplain and pastor Of 81. James
Church. on Oliver Street, Is the hrSt
man, Mr. Cochran says, who lltted the
veil OF secrecy from the Sullivan CIR
cumstance.
Priest Aids Condemned Man.
Father Curry makes affidavit to this.
He swears that he first met Becker IN
the TOmbs while the latter was await
ing trial for the first time. On June =
1918, he made his first visit to Becker
in the Sing sing deathhouse. On the
second or third visit Becker told MN
o. his visit TO Sullivan's theatre once
on the night Of Sunday, July IA, tew
more man twenty-f1ur hours before Ihe
murder.
sullivan brought him upstairs to an
Office in the back" Father Curry says,
quotin from Becker's story to nm.
There Sullivan spoke about Rosen-
tnaIS coming appearance before the
grand Jury. and wished TO know If there
was not some way by which Rosenthal
could be prevented from testliylng.
Becker thereupon said Neither you
nor J have ANYTHING 10 fear from any
disclosures whatever that RoSenthal
will make. | know all that he Is gong
90 say / know men whose names ne
viii mention. Neither you nor ! nave
anything 20 fear from him sullivan
said. IL must be prevented; / couIdnt
stand for it, NO said Becker, tins
fellow has got to get this thing on.
You need have no fear at all. l haven
sny' After reassuring Sullivan that
there was not any need OF fear, Becker
returned home"
Becker, Father Curry says, intended,
prior to the second trial, to take the
witness stand. The priest urged Becker
10 tell of the Sullivan matter. ana was
given to understand that Becker would
90 so. In view of that, Father Curry
withheld what he knew from all save
three persons, "to whom / lrlPaI'eu
the facts in strictest confidence
When the Court of Appeals refused
Becker a third trial. Father curry
says, he told the story to Mr.. Cochran,
but on the latter's failure TO make 1t
public, he decided, inasmuch as Becker
did not discuss the matter in sacra-
mental confidence, TO tell the puoHc
through the newspapers. c,,.
Another affidavit pertaining 10 sum
van Is made by Benjamin II. haulmah'
Csatinued OH psGe 0. column