Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1915-07-29

NTEW YORK July 2S.-Justice
~ Ford of the supreme court to-
night denied a new trial to Charles
Becker the former police lieutenant,
under sentence of death for instigat-
ing the murder of Herman ROsenthal,
the gambler The decision means that
Becker must be electrocuted on
Friday
Justice Ford announced his decision
at 10 o'clock tonight, after he had
labored for several days and nights
on briefs submitted for and against
the applications for a new trial.
81 have denied the motion for a
new trial" the justice said. 81 vir-
tually arrived at my decision Tuesday
night, but spent many hours since then
phrasing and arranging the opinion
Justice Ford's decision covered five
full pages of legal cap paper and con-
tanned about fifteen hundred words.
IT goes into the details of the affi
daVits filed by the attorneys for
Becker and declares that the evidence
is for the most part cumulative aud
hence insufficient.
NOuiI w y 'N'''
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:
II cannot find anywhere even a sug-
gestion that this court possesses any
such tinherent power. On the con-
trary as has been pointed out the
power is granted by statute and must
be exercised i'm strict compliance with
IT."
In conclusion the court says:
"As | studied the authorities and
examined the affidavits the conviction
mas grown upon me that it Ca new
triaD could not be granted without
disrcgarding the law and attempting
to usurp the functions of another de-
partment Of government
"The motion is therefore denied
The decision refers at some length
to the case of II. c. Benham, which
was urged by Mr.. Cochran as grounds
for granting "A new trial.
No New Evidence.
"It declares that the resemblance
between the Benham and Becker mo-
tions is that the defendants each had
knowledge of the facts sought to be
proved at the time of the trial but did
not testify concerning them. In the
Benham case there was new evidence
aside from the defendants, but the
court finds no such new evidence in
the Becker motion.
Howard c. Benham was convicted
OF the murder of his wife at Batavia
n. Y, i'm 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 a new trial. Justice
Ford pointed out that Benhams case
differed from that of Becker in that
Benham wanted to take the stand but
his lawyers would not permit him.
4-F
Justice Ford puts this question in
the decision:
Does the evidence set forth as
newly discovered in the affidavts on
behalf of the defendant meet the re-
quirements of the statute and of the
court of appeals?" He then inter-
prets the affidavits as follows:
'As to the defendants own affi-
davit it is not contended that it sets
forth newly discovered evidence and
must be disregarded.
Not Competent Evidence
"Kaufmann's two affidavits detail
certain conversations with Bridge
Webber. Rosenthal, Mrs. Rosenthal,
Appebaum and one Mutte, very lit
tie of which would be admissible un-
der the rules of evidence.
so Of the affidavit of Edward G.
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
killed. that Rose had over $4,000 in
his possession to be given to Rosen-
b thai 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 evil
dence could be considered competent
IS that it might be introduced to inn
peach or contradict Rose. But such
proposed evidence is clearly of no
weight upon this action. The same
may be said of the affidavit OF the
Cnnuiqf Mv,pnhU