The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-19
HIGH COURT DENIES
| LAST PLEA TO SAVE
/ BECKER FROM CHAIR
Refuses Rcargument Of Own
Decision, Leaving Only
Hope in Whitman.
HIS WIFE GREATLY
AFFECTED BY RULING

The Court OF Appeals yesterday de-
MED TO Charles Becker a reargument or
its recent decision which refused Becker
a third trial for the murder OF Herman
Rosenthal. The action OF yesterday
means that so far as the State courts
are concerned Becker's last hope Is gone.
DO you intend to bring the Becker
case before the Federal courts?'
Becker's chief counsel. Martin T. Man
ton. was asked last night.
II dc not think So" answered the law
yer. Just now I don't see any consti-
tutional grounds upon which to 20 be-
fore the Federal courts with likelihood
Of success
DO you mean you are through with
the caseT"
"oh. no." Mr.. Manton answered. we
have in mind an appeal for Executive
Communication OF sentence. I am not In
= position tonight to make definite
statements. but We shall probably make
an announcement around noon Satur-
day"
The move for Executive clemency will
take the form OF an APPLICATION to the
Governor for an examination OF the
testimony in the Becker trial. with n re-
quest that Gov. Whitman appoint Lieut.
Gov. Schoeneck to examine the testi-
mony.
Ills Only Hope.
The only hope then, and everybody
concerned seemed to think the hope "A
NHAENN IT, nnA L. NhAN NA .~t-- -.--
Ill. case once more the Lieutenant-Gov-
trnor will a Communication OF
sentence from death to life imprison-
ment.
Mr.. Manton and Mrs. Becker. so the
lawyer said last night, will 20 to Sing
sing early to-day and have a conference
with Becker. Becker's counsel expects
to get bacg TO his office before noon and
probably Will make a definite announce
ment as TO future steps to be taken be-
fore he leaves at noon for his summer
home at Sayville.
Becker was told yesterday afternoon
by Father Cashin. his spiritual adviser
OF Sing Sing. tina, the Court Of Appeals
had refused to go through a reargument
OF its own decision denying Becker a
third trial. Becker evidently had entei-
tanned little hope that the appellate
court would consent to review its own
work. for he received the message with
little show OF feeling.
Mrs. Becker had nothing to say las,
right for publication further thai to re-
peat her former statements tina, she
Intends 10 make every possible effort to
save her husbands life. The realization
last night that the last hope OF State
judicial interference with Becker's OK.
ecution had been swept away seemed 10
affect Mrs. Becker greatly.
Last Cent Gone.
She has not begun TO get a li,t OF
Signatures to "A petition to the Governor
as yet. although she Is considering this
step, together with a number Of other
suggestions that have come TO her.
Becker is known to have written to old
friends recently to ask for financial as
sistance 10 carry on his fight. but IL was
said for him yesterday that he has not
been any more active along these lines
during recent days than he has deem
for some time past. His last cent has
been spent, persons close to him say.
The final action OF yesterday by the
Court Of Appeals was taken after sew.
eral days of consideration OF Mr.. Man
ton. plea. unprecedented in so noted a
criminal case. to review its own work.
The court handed down no opinion with
Its decision. but merely denied the mo-
ton FOR %reargument with a sentence of
refusal.
Unless Mr.. Manton's plea for executive
commutation OF sentence IL successful
Becker will probably be executed on the
third anniversary Of the murder Of Ro-
seminal. lie has been SENTENCED to die
during the week OF July ~. Friday.
the day usually selected at Sing Sing
by Warden Osborne for executions, will
fall on July l6. or four weeks from yes
terday. and Rosenthal was killed a few
minutes before 2 o'clock A. NJ. on July