New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-07-28
Bald Jack Accused
of Twisting and
Hiding Facts.
FORD DECISION
DUE TO-DAY
State Denies New Evi-
dence Exists for
Third Trial.

Court Yesterday by W. bourhe LOCK
,sn and Martin 7. Manton, Of counsel
for Charles Becker, and by Charles A.
Perkins. District Attorney, in Becker's
motion for new trial.
Justice Ford will probably not reach
. decision before tonight.
II was rumored last night that Gov
error Whitman, in Albany, had re-
ceived word that Justice Ford would
either hear Becker's new witnesses or
Grant new trial on the strength OF
their affidavits. There was no con-
frmation Of these rumors, either h(re
or in Albany.
In closing their main brief Mr.. Cock
ran and Mr.. Manton make this inter-
esting statement:
Against this mass of new proof the
District Attorney scarcely interposes
3 denial. But he claims that the court
is powerless to consider it. His con-
tention is that defendant must be exc
cuted not because it can now be con-
sidered established that he actually
committed the crime of killing Rosen-
thai. but because he remained silent
on the trial instead of taking the stand
on his own behalf. In other words, 1t
;s contcnded that this court must per
NIT this defendant TO be deprived Of his
life not because he killed or procured
the killing Of another, but because he
made mistake in the manner Of con
ducting his trial.
Benham Case Cited.
This court is not reduced to any
such state Of helplessness. Through
its own inherent powers, as we'll as by
virtue of the code, it has the same
power exercised so vigorously and
benehcially by Mr.. Justice Hooker in
the Benham case, to require before this
defendant is executed that the state
must first rebut the evidence now pre-
sented. proof Of which is not ques-
toned and which is utterly subversive
Of the theory upon which defendant
was convicted
Becker's attorneys in their briefs
assert that "it is now clear that the
conviction was secured by suppression
Of some vital facts and misrepresenta-
ton Of others by the chief witness for
the prosecution Jack ROse) to a de-
gree that makes the entire proceedings
that resulted in his conviction an in
position and a fraud upon the court
Various decisions are quoted 10 show
that Justice Ford has the authority to
order a new trial, a statement combat
ed by District Attorney Perkins in
his briefs.
"The question now before the court"
Cochran and Manton state, rs TO be
considered under two heads:
"First-Are the facts disclosed in
the affidavit and on the argument
such that if submitted to a jury the
result would probably be different from
that reached by the jury which con-
victed the defendant?
"S.cond-If. in the light Of the facts
embodied in the afiidavits, the entire
character Of the issue submitted to the
jury which convicted the defendant is
changed so completely that every feat
ure advanced by the prosecution to
establish his guilt is completely refut-
ed, Is the court nevertheless without
power 20 prevent the execution of de-
fendant for an offence which 1t now
aihrmatively appears he never commit
ted?"
Defence Uses Roses Words.
A considerable part of the briefs
drawn up by both sides reviews the
afhdayits and arguments that Justice
Ford heard on Monday. Emphasis is
laid heavily by Becker's counsel on
the interview newspaper men had with
Jack Rose last Thursday night. AT
that time Rose verified much of Beck
er's story concerning the meeting with
Zig Tim" Sullivan at the Circle The
stre on the night of Sunday, July IA,
1912 o. which Rose said nothing at
either trial. and also bore out Becker's
story Of what happened when Becker
met Rosenthal at the Elks' Club.
This statement of Rose" the de-
fendants brief says, "is now before
the court as part of the moving pa
pers on behalf Of the defendant II
Eill be observed that Rose does not
deny its correctness, although he has
submitted an affidavit in opposition to
this motion. His failure to question
It's accuracy is conclusive evidence OF
It's authenticity"
III was stated yesterday that the
newspaper interview with Rose, link
ing, as it did, the recent afhdavits
made for Becker, really gave his case
lis greatest strength)
Again." the brief continues, the
interview with Sullivan the night pre-
vous to the murder, the District At
torney admitted on the argument 10
have taken place. Rose admits 1t IN
his statement II is therefore no long
er open TO question. In the light OF l.,
not one Of the reasons for desiring
Rosenthal's death imputed to the de-
fendant by the prosecution on the trial,
as the trial court stated them IN lts
charge to the jury, could possibly have
affected him. The object Of that meet
ing was concededly to arrange Tor
Rosenthal's disappearance"
The affidavit Of Ginty shows that
prior to the murder Rose had over
$4,000 in his possession for that very
purpose. The significance Of this 'evl-
dence could hardly have been appre-
clated before the former trial, when
the Sunday night meeting with Sulli-
van remained unknown. Roses test-
mony on the trial that before TINS
Confinusd nm mage o. column