Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-07-29

OF 1ne supreme court Io-IkHl dG1lltu II
new trial to Charles Becker, the former
police lieutenant under sentence of death
for instgating the murder of Herman
Rosenthal, the gambler This decision
means that Becker must be eectroeuteI
on Friday.
Albany, y. Y. July 2N.-Justice Ford
did the only thing he could do The
evidence was conclusive. If | had any
doubt as to the guilt Of Becker. should
pardon him
This was Governor Whitman's only
comment tonight ON the refusal of JUS
tice Ford to grant Charles Becker now
trial
Upon first receiving the news Of the
court action, the executive refused ia
talk, but later he dictated the foregoing
brief statement. Immediately thereafter
he retired and said that he would have
nothing more to-day
Virtually throughout to-day the Gov
ornor was at the executive mansion pre-
pared to receive any communications on
the case from the New York county an.
thoritics or the court, but none came.
He visited the executive chamber fol-
only few minutes.
New York. July cS.-Justice Ford an
nounced his decision at ten O'Clock to-
night in his chambers on the top floor
of down town office building. where he
had lahored for several days and nights
on the briefs submitted for and against
the application for a new trial He called
the waiting newspapermen into his cham
bers, and. as his secretary handed them
copies of his typewritten decision, the
justice said:
"T have denied the motion for a new
trial. And this is my birthday. I'm 50
to-day It's pretty tough way to spend
your birthday. isn't it,"
The Justice added that he had planned
to spend the day with his wife and
daughter.
II virtually arrived at my decision
Tuesday night said Justice Ford but
spent many hours since then phrasing
and arranging the opinion"
Then the Justice chatted for several
minutes on the law involved in the case
he had Just decided Only ncwspapermen,
a clerk and Michael Ford his secretary
and brother, We're present. None Of
Becker's counsel was there. Mrs Becker
was said at that very moment to he
visiting her doomed husband in Sing
Sing
Justice Fords decision contains about
1870 words. 1t goes into the details of
the affidavits filed by the attorneys for
Becker and declares that the evidence
preferred rs for the most part cumulative
and hence insufficient"
referring to the plea of w. Bourke
Cochran, chief counsel for Becker, that
the right to grant a new trial is inherent
in the court, the decision says:
G,,l
ities even a suggestion that this court
possesses any such dnherent power. on
the contrary, as has been pointed out,
the power is granted by statute and must
be exercised in strict compliance with
It."
In conclusion the court says: LAS l
studied the authorities and examined the
affidavits, the conviction has grown upon
me that it "a new triaD could not be
granted without disregarding the law and
attempting to usurp the functions of an
other department of government
THE motion Is therefore denied"
The decision refers at some length ia
the case of K. g. Benham, which was
urged by Mr.. Cochran as grounds for
granting new trial II declares that tho
resemblance between the Bcnham and
Becker motions is that the defendants
each had knowledge of the facts sought
70 be proved at the time # the trial and
was not permitted by his lawyers to tes-
tify concerning them. In the Benham
case there was new evidence aside from
the defendants, but the court finds no
such new evidence i'm the Becker motion
Howard G. 8cnham was convicted of
the murder of his wife at Batavia, y. y
in 1891 At his trial he did not take the
witness stand. The court Of appeals af.
'irmed his conviction and Supreme Cour,
Justice Hooker later granted him new
trial. Justice Ford pointed ont that Ben,
hams case differed from that Of Becker
IN that Benham wanted to take the stand
but his counsel would not consent
Justice Ford asks this question
"Does the evidence set forth as newly
discovered In the affidavits on behal
of the defendant meet the requirement,
OF the statute and Of the court Of ap
peals?" He then interprets the affi
davits as follows
"As to the defendants own affidavit
It is not contended that 1t sets fortl
newly discovered evidence and mus
be disregarded.
"Kaufmann's two affidaVits detail
certain conversations with Bridgi
Webber. Rosenthal, Mrs. Rosenthal
Appclbaum and one Muttec, very it'll
of which would be admissible unde
the rules of evidence,
80 of the affidavit of Edward {
Gnty, which purports to give the sui
stance Of "A conversation he had wit
Rose to the effect that it was not in
tended that Rosenthal should be killeC
that Rose had over $1,000 in his pos
session to be given to Rosenthal 70
the purpose of getting him out of tn
way and that Rose was Shocked an
disappointed" when he heard of Rosen
ls death. Tbs only theory OIL