Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-07-27

cold, even voice of Mr.. Taylor, who
opened books ana read lengthy pre-
cedents. and calmly cited section this
and subdivision that from the Code of
Criminal Procedure and the Penal Law.
To counterbalance. the afiidavits Of
fered by Mr. Cochran when the order
upon the State to show cause why
Becker should not have third trlnl
was granted by Justice Phiibin, Dis.
trict Attorney Perkins submitted to
Justice Ford affidavits from former AS
sistant District Attorney Frank Moss,
Jack Rose. Mrs. Herman Rosentbal
Bridgie Weber. Deputy Assistant Dis
trict Attorney James Il. Smith and
Charles III. Johnson, deputy warden of
Sing Sing.
In addition. Nj. Perkins submitted a
lengthy brief TO which Mr.. Cochran
will reply at noon tomorrow. Justice
Ford rather clearly indicated that he
did not consider IL necessary that wit.
nesses be produced and heard, but his
request to Warden Osborne may alter
things bit. 1t Ia now possible that
Becker may be brought down from Sing
Sing and take the stand. If he does,
tho state may retailate By calling
Governor Whitman. But this would
have to be done quickly. AS the inv.
to-day's proceedings see little hone for
Bee or. The great stumbling block In
Becker's way of escape from the chair
is the fact that he knew from the first
all about his conference with big
Tim Sullivan and never told about it,
despite the fact that 1t might have
altered the verdict.
COURTROOM TIInONGs
AS HEARING
Before Justice Ford assembled the
bench this morning the courtroom was
throngcd to capacity. There were 200
persons in the corridors clamoring for
ndmittancc. Mr.. Cochran was thanked
by his assistants in Becker's defense
John w. Mcintyre. Martin r. Manton
and John b. Johnston. at Mr.. Taylor's !
right sat District Attorney Perkins. |
at his left and constantly prompting
him was Assistant District Attorney !
DelehaRty.
MIR. Cochran spoke nearly four hours. |
Mr.. Taylor occupied little more than !
one hour. Mr.. Cockran's contentious
were that Becker had nothing to fear
from Rosenthal; that RoHenthal alive /!
meant more TO Becker than Rosenthal }
dead; that 1T was prcposterous to think
that Becker ordered Rosenthal killed
at the Harlem conference. June "a
1912. because Rosenthal made moi
threats to expose the gambling ring
until July 16. and that Becker's con
viction was accomplished by the evil
dehce of men who felt the halter,
around their own necks.
Mr.. Cochran spread ont over the
entire case. But MIR. Taylor clung
tenaciously to the fact that all this
was irrelevant; that nothing advanced
was new: that the law admitted none
OF IL as new or newly discovered evil
dence. and that it was not the province
Of the court TO say what might have
been. but to decide what the facts
were.
Roses affidavit. submitted by the
state. is in rebuttal to the afIidavits
of b. II. Kaufman. Edward c. Ginty.
Joseph Murphy. Louis Harris and
Becker, as offered by Bcckcrs counsel
In 1t Rose contradicts all statements
himself made in the anidavits
of the defense.
KAUFMAN'S STATEMENT
CONTRADICPED DY ROSE,
Briefly. Rose declares that he had
seen Roscnthal at various times during
the three weeks preceding the lattcrs
ucalH, COntradlctlnB haufmln'S state
ment that Roscnthal had not seen Rose \
during this time: that he At no time
stated to any one that he was 10 offer
Rosenthal Il sum of money. or that he Il
had $4,000 which he was to give Roscn- Il
thai for going away tho night before
the murder, as alleged by Giuty; that
the conversation alleged in Murphys II
affidavit to have been held between Il
Rose. WALTON and Weber was never
held, and that he at no time stated Il
or intimatcd that 1t was necessary to II
frame Becker" I'm order to save him
self. Wcbher or WALTON: that the
declaration of Harris. whom he has
known since boyhood, that Rose de-
liberately testified against Becker be-
cause Whitman wanted some one" is
absolutely In every particular untrue"
Genera lizing, Rose says that the
contained in some OF the
anidavits. particularly those Of Harris
and Becker, that there was something