The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-15
BECKER APPEAL
GROUNDS ATTACKED
District Attorneys Brief De-
MES Court Overlooked
Matters Charged.
JUDGE WRONGLY MED

The District Attorneys brief opposing
the motion made before the Court or
Appeals for ~reargument on the convic-
ton of Charles Becker, which was made
last week by Martin T. Manton. the ex-
police lieutenant's attorney, denies fatty
that the matters on which Mr.. Manton
bases his appeal were overlooked by
the court.
These contentious were that Rose had
an overwhelming motive for desiring the,
death of Rosenthal, and that Becker
had no reason to wish the gambler
killed because Rosenthal no longer had
the power to injure him.. Assistant
District Attorney Taylor. who wrote the
brief, claims that these arguments were
not only made by Mr.. Manton in his
summing up, but were presented to the
jury by Justice Seabury in his charge.
In regard to the claim made by Mr..
Manton that Becker cannot appeal Tor
clemency to an independent and i'm
partial mind because Gov. whitman
was the prosecutor in Becker's trials.
IlNl IAG lI' w NV ,t'A
In mind In reviewing his brief, Mr.. Tay-
lor says:
"If the present limitations had been
made upon the argument the court
would have regarded them as an insult.
IL goes without saying that this case,
Ike every case. received all the corsid-
Grafton which the court could give II.
Another matter should he considered.
Everybody knows that the Governor has
- .. Il ,AA C.asa 90 \aI YORK. for
the last fortnight. II an application for
clemency has been contemplated why
was IL not made to the Lieutenant-
Governor No one can be heard TO say
that ne Is no; entirely independent and
impartial"
Mr.. Taylor refutes the defence's claim
that Rosenthal had led Big Jack IeliI'
the gang leader. to believe mat Rose
was the cause of his arrest, and quotes
Roses testimony to show mat others
had also spread the report. But what
ever the facts. Mr.. Taylor continues.
tho point is that this important fact
was fully spread before the jury IN Mr..
Manton's summing up"
\ feature Of the brief is the refer
onces to- Mr.. Mauton which pervade II.
the first being brought in connection
with his contention that II the court had
charged regarding Roses ennity toward
RoScnthal, Becker would nave neen ac-
quilted. After noting that Mr.. Manton
heard the charge and made il6 requests
FOR additional charges to tho jury, o
Of which were charged by Justice Sea
bury, MIR. Taylor adds
But Mr.. Manton was content with
the charge as elaborated 10y his re-
quests. If. as he writes. Becker would
have been acquitted had the charge been
fuller. the responsibility is Mr.. Manton's
and Becker's blood - upon his head. Mr..
Manton's attempt to shoulder his own
responsibility upon Justice Scabury is
Characteristic
VI Mantou ought to have prepared
IL requests. instead Of llG. and have
added what his present hindsight has
suggested. but What his then foresight
never once suspected. As usual. he
hlimcs Justice Sesbury FOR his omis-
>ions."
In finally ADVANCING the opinion tina;
the application for ~rcargument should
he denied. Mr.. Taylor says:
The memorandum which counsel sub
mits shows hat the motion H. an act Of
desperation made by an unfortunate who
has exhausted all Of hi- legal rene-
dies"