The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1915-03-26
New Trial Is Sought BY the
Former Police Officer
TWENTY POINTS ARE RAISED
These Submitted to Court in Hope oil
Obtaining Another Hearing For
Condemned Man

Albany. n. Y, March 24.-The court
of appeals had on it's calendar for to-
day the hearing OF the appeal of form
or Police Lieutenant Charles Becker
from the judgment conylcting him of
the murder OF Herman Rosenthal, the
New York gambler. and for which the
four gunner convicted with Becker,
have already been electrocuted.
The brief as legal phraseology
puts Il. IL the longest that has ever
been filed in New York county. IL con-
tains $50 pages OF printed matter and
Celebrates every detail OF the several
FEATURES OF Becker's last trial.
The twenty features of the second
trial which Mr.. Martin r. Manton. the
counsel for Becker. emphasizes as un.
fair and constitute reasons why the
new trial should be granted are:
One. The defendants guilt was not
established beyond reasonable doubt
Two. Since this is true the verdict
of guilty being honestly against the
weight of evidence. is contrary to law
and cannot stand
Three. The conviction was upon
testimony OF accomplices. without cor
rUboration by any other evidence tend.
ing TO connect defendant with the
crime.
Trial in Hostile Atmosphere.
Four. The second trial was staged
In an atmosphere designated TO be
hostile to the defendant. and was
highly prejudicial TO his rights.
Five. Admission OF the alleged
statement OF Dago Frank i'm the hear.
ing OF William Shapiro just before the
murder in defendants absence was
highly prejudicial.
Six, seven and eight. Admission of
alleged conversations between Rose
and ROsenthal, between Rose and
Zelig, between Rose and the gunner,
all in the absence OF the defendant,
constitutes reversible error.
Nine. Ruling of the court OH the
cross-examlnation of Rose. in declin.
ing TO strike out answers not respon.
slve TO the questions, and In exclud.
ing testimony on the trial, was highly
prejudicial.
Ten. The admission OF -Weber's
declaration to the district attorney I'm
Becker's absence was reversible error.
Declared to BE an Error.
Eleven. The admission of testimony
OF Lefty Louie's widow OF alleged con.
versation between Rose and Lefty
Louis In the defendants absence con.
stitutes reversible error.
Twelve. The admission of testimony
CT Lefty Louie's widow regarding
the distribution of money among the
gunner i'm her seventh avenue apart.
ment was highly prejudicial.
Thirteen. The. admission of anony.
nous complaints received at police
Headquarters. charging Becker with
protecting Roses gambling place,
constitutes reversible error.
Fourteen. The admission of con.
yersation between the police com.
missioner and Captain Day In the de-
fcndants absence. was reversible err
ror.
Fifteen, The dying confession of
Dago Frank stating that 80 far as he
knew Becker had nothing to do with
tho murder. should have been ad.
mitted.
Claim II Was An Error.
Sixteen. The, exclusion of Jury,
from the courtroom, over defendants
objection. during defendants offer OF
proof OF the Dago Frank confession
was reversible error.
Seventeen. The exclusion OF testi
mony tending to show that Moe Cohen,
a material witness. whom the people
failed to call, had been drawing q
salary from the district attorneys
Office. constitutes reversible error.
Eighteen. The court erred I'm re.
fusing to allow the defendants to coun
gel to question Rose In the same man
ner that the district attorney was al
Continued ON Page Three.