The Barre daily times. (Barre, Vt.) 1897-1959, 1915-07-28
BECKER MAY TESTIFY.
In the Hearing Brought About to Save
His Life.

New York, July Whether Charles
Becker, the former police lieutenant
twice convicted of instignating the muir.
der of Herman Rosenthal viii meet
death in the electric chair at Sing Sing
prison Friday morning or will be given
an additional respite rests with Su-
preme Court Judge John Ford, who, yes
terday received briefs for and against
a motion for a new trial. He promised
to give his decision as quickly as posi-.
| bly, and it is expected to be handed
down late to-day or Thursday morning.
Both briefs are lengthy, the one sub
mitted late yesterday by w. b. Cock
ran, chief counsel for the condemned
man, consisting Of IS typewriter pages,
and that OF the state, presented by Dis
trict Attorney c. A. Perkins. covering
as pages. Mr.. Cochran also filed sup
Elemental brief covering points raised
by the district attorney. The briefs
take up the legal phases Of the aifidav-
its filed before Justice Ford Monday by
Becker's counsel and the district attor-
ney's Office.
Justice Ford has the right to call for
witnesses and it is believed both the
prosecution and the defense are ready
60 produce them II needed Should the
justice indicate his desire 10 hear wit
nesses, il is believed that Mr.. Cochran
would ask that Becker be brought from
Ossinihg 20 testify in his own behalf,
although no definite statement on this
point has come from Becker's counsel.
Mr. Cochran argues in his appeal that
the judgment of death against Becker
was obtained by the suppression Of vital
facts aud the Misrepresentation of other
facts BY the chief witness for the state,
The brief SAYS: 'ln the light of the
facts embodied in the aflidayits. the en-
tire character Of the issue submitted |
20 the jury which convicted the defend. |
ant is changed so completely that every /
feature advanced by the prosecution to
establish his guilt Is completely refuted. |
i the court, nevertheless, without the
power 10 prevent the execution of the /
defendant Tor an oifense it now affirm.
atively appears he never committedr
II is declared in the brief that the
liHdavit Of Hartford r. Marshall. for
ner counsel for "Bridgie" Webber.
should in itself be- sufficient TO grant a
rev trial as should also the afiidayits
u Benjamin Kaufman and Louis Harris.
lauiImann was an associate Of Rosen-
halls for 20 years and Harris Is at pres
nj confined in Sing Sing prison. At 4
orney Marshall in his affidavit alleges
hat Webber confessed to him that
seeker was not a party Of the murder
lot.
Mr. Cockmn's brief refers 70 Becker's
allure 10 testify at his trials az fol- /,
ows; an the case the defendant re. ,
iained silent during his trial not j
through fear Of any discreditabIe reve- !
ition or through a reluctance to make Z
ny damaging confession. but through :
quixotic fotion Of loyalty 20 a prom
.e. itself improvident and extravagant
indeed his conduct in this respect i 30
Ntraordinary that were il not estab-
she'd by proof and conceded by the dis !
-iet attorney il would b. considered in
-edible-
Tho brief charges that the whole str,ic. i.
Ire of the case against Becker i based !,
pom fraud and perjury. II criticises \
be- district attorneys Office a. seek !
.e 10 send Becker % the electric chair. Il
u because he procured murder. but !,
scause a mistake wss made in conduit
a tho trial fr
District Attorney Perkins in his brief =
ntenis that the justice has not the =
Terciru power a. grant q new trial as y
sifnpd bV Mr.. fnckran. The district -
trrrav Fnfiaraa the furffra Il 1fr~ifna =.
/ statutory provisions The so-calied !,
w. evidence u declared - ha eumuis-
70 90 impeaeh witnesses 81 formerf
ariurs % is charged that II is value
ss tscsuse sthe great mass Of 4 is
arssy and Irrelevant