Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1915-05-26
Second Conviction
of Becker Upheld
BY COURT OF APPEALS OF NEW
YORK STATE.
ONE JUDGE DIssENTs
Must Pay Death Penalty Unless Gov.
Whitman or the v. S. Supreme Court
Intervenes-May Make Revelations
in Effort to Save His Own Life.

Albany. N. Y, May 25.-Charles
Becker, the former New York police
lieutenant, must die in the electric
chair at Sing Sing prison within the
next six weeks for the murder of Her
man Rosenthal, the New York gam
bier, by four gunner on July 16, 1912.
unless Governor Whitman or the
United States supreme court inter-
venes The court of appeals of New
ork today affirmed the conviction of
Becker by jury in the supreme court
at his second trial, held several
months ago. The same court granted
Becker a new hearing after his first
trial on the ground that Presiding
Justice Goff erred.
Executive CIemency Remote.
Executive clemency for Becker is re-
garded as remote. AS district attorney
of New York county, the present gov
ernor prosecuted the former lieutenant
both times, personally conducting the
examination of witnesses at the second
trial. Tonight he declined to discuss
the case in any way.
Becker May Make Revelations.
Speculation is rife here as to wheth-
er Becker, facing DEATH will not seek
to save his life by making revelations
in connection with the so-called 'police
| system in New York to the governor.
| Regardless of his connection with the
|
| possessed of information that would
| be invaluable to the state and New
York city officials. The statement has
| been frequently made that the trial of
Becker and the four gunner who shot
| Rosenthal only scratched the surface
| of the true conditions in New York
| police circles.
Date of Execution Not Set.
The date for Becker's execution may
not be set nor the death warrant signed
| until next week, owing to the absence
| of some of the judges from here. The
| law prescribes that an execution must
take place not less than four nor more
than six weeks after a decision is
handed down. Lieutenant Governor
| Schoenck will act as governor during
| the next twenty three days, while the
| governor is in California. 1t is not
believed that the Becker case will be
| brought before the acting governor.
| The prevailing opinion of the court
written by Chief Judge William Bart
| lett, held that the second trial was fair
| and free from error.
Judge Malone Dissented.
| Judge Malone dissented. He sub
mitted no written opinion. Judge Sea-
| bury, who as supreme court judge
| presided at the second trial and now
| is a member of the court of appeals,
did not sit on the case.
| Among the striking conclusions of
| the opinion were these:
Gunmen Hired Murderers.
There was nothing to indicate that
| the gunmen were actuated by any per-
| sonal hostility toward RosenthaL. They
were simply murderers for hire for
''Bridgey'' Weber, Bald jack Rose
and Harry Vallon. Upon the truth or
| falsity of their testimony to this effect
depends the guilt or innocence OF
| Becker.
| That the testimony of various wit
nesses regarding the Harlem confer
ence" at which Becker, Jack Rose and
! others are said to have planned the
death of Rosenthal, was corroborated
and, therefore, must be assumed to be
| true.
"Daso" Franks Testimony Properly
Excluded.
That Justice Seabury properly ex-
| cluded from the consideration of the
| jury in the second trial a statement
! given by "Dago" Frank Cirofici, one
| of the four gunmen executed for the
murder. shortly before his death. Giro
fici declared that insofar as he knew
Becker had nothing to do with plan
ming RosenthaPs death.