The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-07-29

ernor."
District Attorney Perkins, when
notified by newspaper men, said that
he was very glad that Justice Ford
had taken such care with the case.
No Merit In Affidavits.
II am quite confident there was no
merit in the affidavits offered in
Becker's behalf. and / am sure that
no mistake is being made In carrying
out the sentence imposed by the
court"
In his decision Justice Ford says
that the only question before him is
whether the evidence set forth as
newly discovered meet the require
ments of section 465. subdivision z.
He disregards Becker's own affidavit
as not being newly discovered and
one by one takes UP all the others.
The affidavit of Benjamin Kaufman.
who says that Rosenthal was planning
to leave tow nthe night he was killed,
he dismisses as not being admissible
as evidence under court rules Ed
ward Ginty, who relates that Jack
Rose had said he had $1,000 which
was to have been used to get Rosen-
thai out of the way. could not have
testified to this at the trial except to
impeach Roses testimony, Justice
Ford rules, and impeachment of
witness has no weight in obtaining
a new trial. He says the same of the
story of the convict Murphy, who re-
lates that he overheard Weber. Rose
and WALTON plotting to lay to Becker
the blame for Rosenthals' death.
Louis Harris irrelevant matters,
Father Curry's affidavit is immaterial,
and the statement of Hartford T. Mar
shall, even IL admissible as nonprivi-
aeged matter. would simply tend to
impeach Weber.
Fatal Admission.
Martin T. Manton and John F. Moa
Intyre. Beckers lawyers at the seeA
ond and first trial. respectively, say
that Becker never told them of the
Big Tim Sullivan meeting. Justice
Ford says that the fact that the de-
PENDANT knew about this meeting is
fatal. And Harry Apelbaum's affi-
davit coroborating Becker's story Of
the Big Tim Sullivan meeting con-
tatns nothing new to Becker at the
time of his trial
Justice Ford At Work.
Justice Ford worked over the mass
of material submitted to him, COM
prising affidavits. briefs and supple
mental briefs from both sides, and
numerous ponderous volumes of law
containing the references mentioned
IN the briefs. Tuesday night until $50
this morning. got home at $3.50, and
was back in his cham bers again at
$3.50. when he again began his study
OF the documents in the case.
He was called to Part I, special
term. at 1880 and sat there until
noon. when by special arrangement
the motions which he was to have
heard were put over to be submitted
In writing. Then the Justice hurried
back to his chambers and plunged
into his work on the Becker case
again.
At s o'clock the word came out
that he would not render his decision
until 10 o'clock tonight, II then.
At 4:30 Martin T. Manton and John
B. Johnston. Mr. Cockran's associates.
dropped into his chambers, TO remain
there for about Ave minutes. 1t Ii
understood that they were called to
see the brief submitted earlier in the
day by District Attorney Perkins.
Wanted More Argument
This brief was In response to a re-
quest from Justice Ford for further
argument regarding the difference be-
tween the present case and the Gem
ham case. referred to In all the briefs.