The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-05-25
BECKER MUST DIE
UNLESS WHITMAN
INTERVENES
New York Police Lieuten.
ants Conviction for Murder
of Herman ROsenthaI, Up
held by Court Of Appeals.

~ Z
tRy Esenine Herssd Leased wirsl
Albany, May 25.--The second con-
vietion Of former Police Lieutenant
Charles Rocker FOR i%nstisating the
81 Herman Rosenthal. the
New York gambler. VAS upheld today
by the couri 81 appeals. Becker must
die. unlass he n OBTAIN elem
ency from Governor Whitman. whs
as district attorney % New York pros
him. OF the United States SUI
pfeme court interfcres BY habeas cor
pus or otherwise.
The chief. Judge. willard Bartlett
y rote the prevailing opinion. and
Judges Hiscock. Chase, Collin, Cudde-
back and Cardogo concurred. judge
Hogan dissented. Judge Samuel Sea-
bury who Is a supreme court justice.
presided NJ ecker's trial. but did not
sit on the case IL the higher court.
judge Bartlett held that although
the first judgment Of death against
the defendant was reversed because
he did not have a fair trial. the sec
ond Judgment. "is not aasaiiaole on
that ground"
Extensive as Is the power Of re-
View vested IN this court on a iudg-
ment OF death. the law does moi Intend
to substitute the conclusions Of fact
which may be drawn by judges
FOR the conclusions of fact which
have been drawn from the evidence
by twelve Jurors. unless we are clear
that the view OF the facts taken By
the jury Is wrong. n n u duty 10
affirm q the trial was fair and with
Gus LEGAL error and the verdict was
not against the weight OF justice. We
are 20 see 20 Il that the trial was fair
u that there was sufficient evidence
with recognized rules OF law 10 sup
port the verdict. this done. the re-
sp~onsibllity rests with the jurors.
Guiding our actioa by these estab-
lished principles Of criminal proceed
ure In capital cases, we do not feel
justified In interfering with the ver-
Dict"
The date for the execution viii be
reset DOT probably tomorrow. II
usually Is dated about five weeks FROM
the time . decision Is rendered so Il
Is likely that June 20 or July ? will
be chosen.
Lieutenant Governor schoneck will
act as governor between tomorrow
and June II. but there il no likelihood
of his exercising clemency during
that period, especially in this case.
The opinion held that the testimony
81 "Brideie" Webber and bald Jack
Rose regarding the so-called Harlem
conference" at which the murder 81
Rosenthal was said to have been
planned was true and that Il was or
robOrated In the second trial by James
Marshall. "a negro.
The testimony OF Deputy Police
Commissioner George \. Dougherty
and Charles - PINT. commonly known
as "Becker's press ascent also Vas
held TO be true.
Pitt testified hat Becker told him
20 keep ava from Times square,
near where the killing took place. on
the night OF the murder. Dougherty
said Becker maintained two nights
after IA murder that he had not seen
Rose Tor "a week. The prosecution
Insisted hat this statement by Beck
er was untrue and that he must have
known Rose then was in hiding ana
vas being sought.
The statement made hv "Dago
Frank Cironci, just before his ex-
Tccutlon al Sing Sing, that So far as
he knew Becker had nothing 20 do
with the killing OF Rosenthal. was
rightfully * luded from the evidence
on lockers second trial. Judge Bart
lett held. The opinion says,
1T Is generally believed that a
sense Of speedily impending death
operates 20 induce ono Co tell the
truth N we are asked 10 hold that
this influence would be just as effect
i've IN the case Of any witness who
Is about TO die as Il Is deemed 60 bt
In the cas- OF q victim OF a homicide.
A. to the argument In favor OF adj
hitting evidence Of such declaration
as that alleged Ia have been made
ty 'Dago Frank IL may be observed
that b influence of approaching
death might be- very different in IA,
case of AN innocent victim 81 crime
from what IL would be iu the case oi
"a guilty murderer condemned Co. do.
Unless numbers n innocent men have
suffered capital punishment In thr
country many criminals have gone
To the galluws with a lie upon their
lips.
The ease as presented upon tho
second trial differed materially from
the case as presented upon the hisl
The actual KILLING Of Rosenthal ht
the gunner Was not c-outrovcrtod MOI
was The agency II Rose. Nebber un'
Harry WALTON boz employing them
Tho question was who |instigated
Webbcr, Rose and WALTON To caus'
! the murder to be done. Were the,
moved 90 act by the fraternity oI
Ncw York gamblers. largely repre-.
scented ON rho sam Paul excursion
who dreaded the destruction OF thcil
business hy Bosonthal's threats ant
disclosures, 1r did they hire the gun.
men TO shoot Eoscuthal at the IN
stance nt Lieutenant Becker There
In nothing Co.. Indicate thui the gun.
men woer adjusted by any persona
hostility toward the man they killed
They we're simply murdercrH for hire
Rose, Webhcr aud Nallon-upon th'
truth or falsity IT their testimony q
this effect depends the guilt or limo
ceuCo of the defendant
Justice Scabury a held Co Do
correct boo admitting the testimony oI
Shapiro. chauffeur of the murdei
car Who testified ne heard one %
tho Runmen say; Leave him turi
- 80. 49,. h.. a.. sHAsN