The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-03
TO TELL
WHO GOT GRAFT
HE COLLECTED
Continued from First Page.

was a failure of due process of law. The
points will he made that Becker's con-
stitutional rights were violated In three
particulars.
First, 1t will be argued, the news
papers, at the instance Of District At
torney whitman. published unfair and
inRammatory articles calculated TO bias
the minds of talesmen called for jury
duty. The particular publication COM
planned Of was a statement, In af1davit
form. that a person related TO Becker
committed subornation OF perjury In an
attempt to induce witnesses to give false
testimony.
Second. 1t will be commended. the mo-
ton made for a change OF venue by
Becker's lawyers at the outset OF the
second trial was denied summarily and
without a proper hearing having been
granted. Mr.. Cochran himself made the
motion on the first day OF the trial. and
when 1t was denied by Justice Seabury
Mr.. Cochran walked out Of the court
room and the case.
Third. the argument will be advanced
that every condemned man In entitled by
the Constitution OF the United states
TO n final hearing by an Executive OF un-
biased mind. In Becker's case. Mr.. Cock
ran Is expected to argue, the constitu-
tional rights Of the prisoner were vio-
lated because Gov. whitman was the
same person who as District Attorney
go ardently prosecuted Becker and de-
manded his life from two Juries.
Another Course Considered.
Mr.. Manton said that another course
which might be taken was the suing gu;
Of q writ OF habeas corpus In the United
states Circuit Court on the same grounds
as would be used In an application for
n writ OF error. The probable course.
however. will he a direct appeal to the
Supreme Court.
II can only he assumed. OF course,
from the attitude OF Becker's counsel,
hat even they consider the final appeal
rather hopeless. They intend to do their
full duty tMr. Manton undoubtedly be-
lieves that Becker is innocent OF muir
der even though he was a grafter), but
they appear to lack confidence.
Hartford T. Marshall, who was the
first lawyer retained by Bridgie Weber
when he was arrested. and who APP
peared later on for other figures In the
case. said yesterday that he will 20 to
Chief Judge Bartlett Of the Court OF
Appeals within a day or two and lay
before the Chief Judge. man to man. a
story which. he believes. ought to gain
another hearing for Becker. Mr.. Mar
shall, at Mr.. Manton's request. went to
the Office OF Cochran n Manton late
yesterday afternoon and told the re-
porters the following story:
The day Bridgie Weber was ar
rested" he said. Il received a telephone
call at 4 o'clock In the morning at my
golf club that Webber wanted to see
me. ! hasteend to the Tombs and was
there by 6 A. NJ. Weber retained me
as his lawyer. I conferred with him for
eight days. during which he old me
enough to convince me that he knew all
about the murder OF Herman Rosenthal,
but he never mentioned Becker's name.
Finally. on the eighth day. he said to
me in the Tombs:
"'How bad does Whitman want
Becker
"'What do you mean" ! asked.
Does Whitman want Becker enough
to let me 20 II | deliver Becker Web
Der continued.
"1 don't know anything about that
I replied. but I suppose he wants
Becker pretty bad
"AII worked Up."
Weber was agitated. all worked up.
l said to him:
Did Becker have anything to do
with the murder"
' "A 'ND'N 'N' ~" "'' .
TO do?
"'Well. I'll tell you one thing you can
do I said. You can get another law
ger and pay me right away
Tile said his wife would pay me, which
she afterward did. He then said
III you refuse TO act for me will
you get hold of Max Steuer and ask him
TO be my lawyer
81 got Steuer on the telephone. He
was visiting at a house in Deal Beach,
He said he woufd see Webber imme-
diately. l presume he did. never saw
Weber again until he took the witness
stand in the first trial"
1t may be recalled that in the second
trial Marshall demanded the right to
be put on the stand and tell what Web
Der had said to him In the Tombs.
Without Webber's consent the testimony
was inadmissible because OF the priv
ilege that covers the confidential COM
municat!ons of a client TO his lawyer.
When the question was put to Weber
on the stand as to whether he would
release Marshall Webber declined to
give permission. The episode was one