Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-07-29
BECKER MUST DIE
Continued from Page y

In the Benham case there was new
evidence aside from the defendants,
but the court finds no such evidence in
| the. Becker motion.
Howard c. Benham was convicted
OF the murder Of his wife at Batavia,
New York, in 1897. At his trial he did
not take the witness stand. The court
Of appeals affirmed his conviction and
Supreme Court Justice Hooker later
granted him new trial. Justice Ford
pointed out that Benham's case diff
fered from that of Becker in that Dem
ham wanted to take the stand but
his lawyers would not permit him.
Justice Ford asks this question:
Does the evidence set forth as
newly discovered in the affidavits on
behalf of the defendant meet the re-
quirements of the statute and of the
court Of appeals?"
Interpretation
He then interpreted the affidavits as
follows:
'As to the defendants own aff1da-
Wit it is not contended that it sets
forth newly discovered evidence and
must be disregarded.
'Kauffman's two affidavits detail
certain conversations. with Bridge
Weber, Rosenthal, Mrs. Rosenthal,
Applebaum and one Muttle. very lit
tie Of which would be admissible I'M
der the rules of evidence.
so, Of the affidavit of Edward c..
Ginty, which purports to give the
substance of a conversation had with
Rose to the effect that it was not in
tended that Rosenthal should be kill
ed. that Rose had over $4,000 in his
possession to be given to Rosenthal
for the purpose of getting him out Of
the way, and that Rose was shocked
and disappointed when he heard Of
Rosenthars death. The only theory on
which this evidence could be consid-
cred is that it might impeach or con-
tradict Rose. but such proposed evil
dence is clearly Of no weight upon the
action.
THE same may be said of the ahldaVlt
of the convict Murphy"
The affdavits of John Mcintyre and
Martin T. Nation of counsel for Becker,
Deputy Warden Johnson of Sing Sing
and Harry F. Applebaum, former private
secretary to the late Senator Sullivan,
are declared to be of no moment and
offering no new evidence.
The opinion dismisses the other affida-
Wits as immaterial and incompetent. JUS
tice Ford was asked later about a pos
sible appeal by Becker from his (the JUS
tice's) decision, but he declined to say
whether Becker can appeal.
At Daybreak Friday
Justice Ford's decision means that
Becker will undoubtedly be put to death
in the electric chair shortly after day
break Friday morning for crime of
which he was twice convicted after two
sensational trials which attracted wide
spread interest.
The decision disposes OF the latest eff
fort to save Becker begun last Friday
when Supreme Court Justice Philbin
granted an order for the district attorney
to show cause why new trial should
before Justice Ford and Becker's execu-
ton, which had been fixed for today.
was put off until Friday at the request
of Justice Ford. who wanted more time
to consider the afT1davits. Justice Ford
remained closeted in his chambers
throughout today except for a brief visit
to his courtroom. where he postponed
motions on his calendar. Last night he
was there until after midnight.
The only announcement that came from
HON before tonight's announcement, out
side of the making public Of letters and
kilograms received from all parts of the
country, which in general were pleas in
behalf of Becker, was a statement that
he had requested District Attorney Per-
kins to furnish slightly fuller discussion
OF the case of Benham.