New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1915-06-05
TO ASSAIL
WITNESSES TALES
Condemned Man in Appeal Will
Plead Court Oversight

New York, June 5.-The testimony
of four of the witnesses at the trial
of Charles Becker for the INJURED of
Herman Rosenthal will be dwelt with
especial emphasis when Becker's
counsel, Martin r Manton, applies to
the Court of Appeals for review of
the application for a third trial for
Becker
The four witnesses are James Mar
shall, the negro youth whose testi-
mony established the all important
point that Becker ambrose had had
conference in Harlem previous to
the murder; Willie Shapiro, the driv-
er Of the gray murder car who tes-
titled that few minutes before the
shooting he had heard the gunner
say, Everything is all right; Becker
has fixed it," ex-Deputy Police Com
missioner George Dougherty, whose
testimony had to do with any COM
municat tons Becker and Rose had be-
tween the night of the murder and
the arrest of Rose, and Charles B.
Pitt, Jr., Becker's press agent, who
said that Becker had warned him to
stay away from Times Square on the
night of the killing
1t is the contention of Becker's
counsel that the Court of Appeals did
not take up thoroughly enough the
question of whether or not Marshall,
who said he saw Rose only for
moment at the Harlem conference on
a dark night and did not see Rose
again until two years later, was COM
petent to identify Rose as the man
he had seen comforting with Becker.
Mashall's recanting of testimony after
the second Becker trial also will be
gone into in the plea for a review Of
the decision.
Will Urge Flaw i'm Shapiro Tale.
AS for Shapiros testimony that he
heard the gunner say Becker had
! fixed things for the murder, the at
| tention of the Court of Appeals will
| be called to the item that no gunner
! knew, according to the testimony,
| that Becker was interested in the
| murder, wherefore the remark attri-
| buted to one of them by Shapiro could
have no bearing on their movements.
| The contention is made by the de-
PENDANTS counsel that what Shapiro
probably heard was a remark to the
effect that there were mo police
| present.
Ex-Commissioner Dougherty in the
first Becker trial testified that be-
tween the murder and Roses arrest
Becker told Dougherty that he hadn't
seen Rose since the shooting. In the
| second trial Dougherty swore that
Becker had not seen nor heard from
| Rose. There was testimony to the
| other hand, that although Becker
| had not seen Rose he had heard from
him. 49,.
Discrepancy and Comments.
In it's refusal of third trial the
! Court of Appeals decision calls at
| tention to this discrepancy and COM
ments upon it by saying that there
| fore Becker had lied to Dougherty
! and consequently must have had a
motive for lying. Becker's lawyers
| contend that Dougherty's testimony
| at the first trial would more likely
be exact because it was given shortly
| after the events he told of had hap
! pened, when his memory would be
| better than at the second trial, two
years later. .
| Beckers attorneys take exception
! to Pitts testimony that Becker warn
ed him to keep away from Times
| Square on the night Of the shooting,
contending that there is nothing to
! show in the testimony of any of the
| informers that it was known to any
one that the murder was to be COM
mitted that night but that it was done
on the spur of thhe moment. Obvious
ly, therefore, Becker's lawyers will
contend, Becker had no knowledge
that the shooting was to come off
and consequently could not have
warned Pitt as testified to by Pitt.
With only short time left to pre-
pare and print the application for a
review of the decision, Lawyer John
| B. johnson of counsel for Becker, is
working steadily upon the application
| Mrs. Becker Visits Manton.
Mrs. Becker visited Mr.. Manton's
| office yesterday, but had nothing to
say for publication after her visit. She
will visit her husband at Sing Sing
today. AS the days pass there is a
marked disappearance OF the glom-
mess and depression which Mrs. Bee
ker showed Immediately after the
adverse decision was handed down.