davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-26
BECKER MUST
DE- A THIRD
TRIAL DENIED


- -
who were asked for opinions after the
Court OF Appeals decision against
Becker yesterday.
Three courses are open now "a
Becker and his lawyers. said District
Attorney Perkins-intervention by Gov,
Whitman. whose present nigh ofRce Is
largely due to his prosecution Of Becker
and OF other criminals uncovered by
Ahc Becker trials a new trial on the
ground OF newly discovered evidence,
or. nnaily. an attempt 10 get the case
before the Federal judiciary. either on
q writ of habeas corpus or on a writ
OF error on constitutional questions
What Gov. Whitman would or would
not DO II asked to pardon or commute
20 life Imprisonment IN the plea Of n
man the Governor believes is guilty OF
first degree murder could not he an
swered by any one except the Governor
himself. A few were heard yesterday
TO say tina, at would be a noble act
on the part OF the Governor TO com
mute Becker's sentence. but persons
holding this opinion arc very few.
Won't Ask for Pardon.
Becker's chief counsel in his last trial.
Martin T. Manton. furthermore seemed
TO eliminate possibilities OF executive
pardon or communication when ne was
told yesterday while trying a case before
Justice Gieserich in the Bronx Supreme
Court OF the decision against Becker.
The only thing I will say now sale
MIR. Manton after expressing his sur
prise and regret over the decision of the
Court Of Appeals. "is that Becker will
never ask whitman for a Communication
Of sentence. 1 shall try to see Becker
In Sing Sing tonight"
As for Becker's second chance-a
third trial on the ground Of newly dis.
covered evidence-also was thought by
most OF the lawyers seen yesterday to
be very slim. The belief seemed TO be
that the defence. during two trials and
two appeals. had m~arshalied all the evi.
dence that work and money could un-
cover.
In the matter OF taking the case into
the United States Courts. a proceeding
'nst came 10 many minds yesterday as
soon as the news OF the decision was
received here, Becker can sue. II was
said at the District Attorneys Office. In
the United States District Court for a
writ OF habeas corpus. Such a pro-
cedure. II precedent Is followed. will
result in the District Court denying the
writ.
From this denial Becker next may
appeal to the United States Supreme
Court. providing the District Court
Judge who gives the denial consents to
the appeal. The initial appeal to a
District Court Judge does not act as a
stay OF the execution OF the condemned.
Consent by the District Court to the
appeal to the United States Supreme
Court does act, however, as a stay OF
execution.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-26
Failed to Call witness.

"On the first trial not only did the
People. who knew the identity of this
man, fail to call him, but II was fairly
inferable thai his identity had been SO
obscured that the defence was not az
forded an opportunity to call him as
a witness.
While again on the preaent trial
the People have omitted to call him,
II no longer remained true that the
defence was prevented by ignorance
from placing him upon the stand. He
was known and a within the juris-
diction of the court and could have
been summoned as a witness II de-
sired"
The opinion holds that the cor
roboration offered by the prosecu-
'ioh was o a character and
quality which tends to prove
the defendants guilt by con-
Meeting him with the crime II shows
that the prosecution relied mainly
upon the evidence Of WALTON. Police
commissioner Doughcrty and Becker's
friend Pitt for corroborativc evidence
The Court OF Appeals says vallon's
testimony was good proof and that o.
D~ougherty and Pitt was more direc,
in It's Implications"
The Pitt testimony that Becker
told him to keep away from Times
Square" on the night Of the killing,
the court says. duplicates the de-
PENDANT more directly"
mo satisfactory explanation 1.
given Of Pitts change of attitude
toward tho defendant from one OF
devoted friendship to fatal hostility
says the opinion. but II ne IL telling
the truth now It makes little differ
ence what the eason Is. II the de-
PENDANT actually cautioned him In ad-
n TO be away from the locality
OF the murder on the very night when
the murder was committed the Jury
might find that that fact Indicated
cognizance OF a probability at least
that something momentous was then
likely to occur
The opinion also holds hat the evil
dence as to the Harlem meeting is
much more conclusive than II was at
the first@trial.
The court also upholds Justice Sea-
bury's ruling out OF the alleged con-
fession Of Dago Frank before he was
put TO death at Sing Sing.
Judge Bartlett says that the counsel
for Becker IN their brief made "par-
ticularly strenuous complaint" Of the
reception OF the testimony Of Mrs.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-26
Governed by Law.

The opinion OF the cour; concludes:
We desire that the views which
lead us to affirm this judgment shall
be made Enthusiastically clear. Doubt
less a very strong argument can he
made in favor of the defendant. based
upon the inducement OF the avowed
accomplices Ia swear falsely. their
opportunity to fabricate evidence and
the lack OF conclusiveness IL the cor.
r~oboratson. All this. however. was a
question for the jury. with whose
determination We are rot justified N
interfering unless we can say It was
plainly wrong. which, as already
stated, We cannot say.
Therefore unless the rules Of In
which have heretofore governed the
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-26

Judge Dixie In Brooklyn for forgery re-
Gently. made a oommotion outside tn.
District Attorneys Office by declaring
loudly that police enemies had sent
her husband to Jail because OF the ser
vices Jacob and Morris had rendered
the state in the Rosenthal case.
At the District Attorneys office 4
was said yesterday that no promises
had been mace to Jacob Iuabn in re-
turn for the work he did for Mr..
Whitman.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-26

Lillian Rosenberg, wife of Lefty Ionic
to the effect hat on the evening after
the murder her husband brought a
package OF money TO her apartment,
where ne met the other gunner and
after a conference with them in AZ
adjoining room the party separated.
This evidence seems clearly 10
have been relevant" says the court.
'Rose had previously testified that
earlier on the same day Webbcr at
express request had given
MIN $1,000 to pay the gunmen with
and he had handed IL over to Left
Louie. Ii certainly would not be a
ole inference from Mrs. Rosen-
berg's testimony that he divided this
blood money with his associates on
the occasion mentioned. Where a con
spiracy to Kill involves the employ
ment Of hireling murderers the proof
IL not necessarily 50 limited as 10 ex-
clude all evidence OF occurrences after
the killing.
The fulhlment OF the agreement by
the subsequent payment and recent
OF the sum agreed upon is a relevant
iact and, therefore. properly provable
just as II would be relevant by way
or defence TO show that no money had
ever been paid TO the actual slayers
at the instance Of the person accused
OF having procured their employment
Judge Bartlett says as to the alle-
of the unfairness OF Justice
Seabury's charge:
Il a find no error OF law either in
the body OF the charge Itself or in The
u.on the numerous requests"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-26
webber Sorry for Becker.

Bridge Webber, who has been so sue
cessful as a manufacturer Of paper
boxes at Passaic since confessing his
part In the murder of Rosenthal that
recently he had TO build an addition to
his factory. was found playing pool last
night In a "parlor" next door to the
Passaic police headquarters,
Bridge was told of the Court Of Ap-
peals verdict against Becker. After
making brief Bridgis resumed
his game, but II was noticed thai he
missed his next three shots.
MY sympathies OF course" said
Bridge after opening with the standard
line that the verdict speaks for itself,
ARE with Lieut.. Becker. He as well as
] made "A mistake and I'm sorry for him.
The evidence against Becker was so
strong there couldn't have been any
other decision. No, ] don't think Whit
man will pardon Becker. whitman
prosecuted him. so il isn't likely hen
let Becker off now"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-26
Must show an Error.

But hopes of Federal interference In
Becker's behal: seemed to be all washed
away when the District Attorneys office
added that in order To get consideration
from the United States Supreme Court
the defendant must show that there was
an error or errors during the murderer's
trial which involved Federal constitu-
tional errors. No Federal question
entered into the trial. Mr.. Perkins said.
In fact" the District Attorney said.
after such a decision as was handed
down to-day II is my belief that a con-
demned man should begin to make his
peace with his God"
Becker's wife was teaching in Public
School 90, 147th street and Seventh
avenue. yesterday when she was told
over the telephone that the Court OF
Appeals had refused "A new trial to her
husband. There was a long pause after
Mrs. Becker had heard the news.
Are you sure, quite sure, your in
formation is authentic?" Mrs. Becker
asked then. and when she was assured
II was h asked that the Albany
despatch be read over the telephone to
her.
Mrs. Becker was asked whether an
appeal would be made to Gov. Whitman.
She said In broken tones that she had
no statement to make of any kind.
callers during the late afternoon at her
home Al 1921 University avenue, The
Bronx. where Mrs. Becker lives with
her brother. John Lynch. and her sister,
were told by John Lynch that Mrs.
Becker was not at home and probably
would have nothing TO say II she were.
Police Lieutenant John Becker, brother
OF Charles. at present il attached 10 rhe
Hunters Point station. but he was NOT
there Yesterday. At John Beckers home,
4s% Eleventh avenue. Hunters Point.
his housekeeper said that he would not
return last night. He was granted A
leave Of twenty-four hours, beginning
at . o'clock yesterday morning. When
ever he gets a leave, II was said. he
goes out or Jackson Becker, an
other brother, OF the bond firm OF J..
II. Becker Il Co. at so Broadway. was
away from his Office.
Stanch belief In Becker's innocence
and consequent sympathy for him in his
present plight were expressed by Law
yer Joseph A. Shay, who assisted John
i. Mcintyre after Becker's first con-
viction and prepared the appeal, which
resulted a year ago last February in the
granting OF a second trial.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-24
JOLINE AUTOGRAPHS SOLD
Manuscript by James Feni-
more Cooper Brings Top Price

The original manuscript of "The Lie
of Richard Dale, the Eminent American
Naval Officer" written on sixteen pages
bv James Fenimore Cooper, brought the
ton price -Si65- yesterday at the sale
at the Anderson Galleries of the Amer.
can autographs contained IN Part III OF
The library of the late Adrian II. Jo-
line. George D. Smith was the pur-
chaser. CL
For the original manuscript OF CHAP
tor VIII. of Volume V, of "lrvlngss
Life Of George Washington" Mr.; Smltn
gave SAP 80. He also paid Sl6o LOT
true copy, in the handwriting OF Lieu
tenant Paul Jones, of the proceedings
in court martial in the case OF cap
tain John Hazard, commander OF the
sIoop Providence, for neglect of duty IN
tLn action with the British frlgate
GLASGOW. Captain Hazard was cashlered
and Paul Jones appointed IN ms place.
This document is accompanied py
letter of guarantee as to It's genuine
ness. There are six pieces altogether. :,
J.F. Drake gave $3.50 for the orlglnai
twentv-three page manuscript OF bret
Ia te;s review of Wilkie Collins's Man
and Wife" written for "The Overland
Monthly" An autograph letter from
Renedict Arnold to Governor clinton
wben he was in command Of the Amerl-
can forces at West Point, was SOLD 10
l. C. Harper. The total for both ses-
sions was SO ,26S 90. The sale ends TINS
a ternoon.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-24
J. R. LEVERING DIVORCED
Millionaire and Wife Give Up
Control of Children.
[By Telegraph 70 The Tribune. ]

Lexington, Ky, Feb. 23.-After j.
Richmond lowering, millionaire oil man
Of New York, had signed most
sweeping and unusual agreement for
the disposal Of his children, Mrs,
lowering was granted a divorce and al
lowed to take her maiden name here
this afternoon. The three children 20
to her, with her father. w. II. Barnum.
and DR.. j. ii. Wheelwrlght, both OF
New York, as custodians until the chill
dren become of age. She is given ample
financial satisfaction, the decree states.
though the sum is not stated. BY the
agreement the trustees are 10 be IN
entire control of the children. They
must approve of preparations for their
education and their training; even gov
ernesses must be passed on by the
trustees before their employment is
legal. If the custodans see mt. Lever
ing can see his children six weeks IN
the year, but not during any Christ
mas period The trustees must a so
sanction any dealings between the
children and their father.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-24
OSBORNE GAINS VICTORY
Golden Rule Brotherhood Be
comes Mutual Welfare League

Warden Osborne gained new VIC,
tory at Sing Sing yesterday. lie mao
the title of the Golden Rule Brother
hood. the prisons famous self-goyeern-
inc board, changed to the Mutual well
fare League. The former title was "a 5
Warden McCormick's selection, and the
change removes the last vestige OF his
influence. koo, in
charge he has been trying to have the
brotberhoods title changed to tnat
horne by the similar institution he
formed at Auburn. When Gerber was
"mayor" of the prison, as the orotner .
hood chairman is known, the warden
tried to have the change made, but was
Yes Yesterday he called the prisoners
into chapel. and put the question 70
them. IL was an appeal. not TO the
Motherhood members, but to the rank
and file Of the men, and they were win
The warden from the start. when ne
called for A vote they supported MIN
almost unanimously.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-24
DOCTOR COMPLAINS
OF NEW DRUG LAW
Hampers Physicians, but Leaves
Patent Medicines Free,
He Says.

Physicians and patients are incon-
venienced and the field is still left open
for harmful patent medicines under the
Harrison law. according TO DR.. Charles
F. Pabst, of Brooklyn. Only since ply
sicians began to go TO the Collector OF
Internal Revenue to be numbered ac-
cording to the law has the situation
dawned on them, he said last night.
The law goes into effect March l. pc
fore that date physicians must have
obtained serial numbers from the led
eral authorities. After the law goes
into effect prescriptions calling Tor
opium or coca leaves must bear the
pbysician's serial number and may not
be refilled, DR.. Psbst pointed out NO
one would object, he added, II proprie-
tarv remedies laden with the forbidden
drugs were also banned.
"fhe law will simply clear the held
for patent medicines OF harmful
nature" said DR.. Pabst. preparations
containing two grains OF opium TO the
ounce are exempt u!der the law. You
can buy any amount Of this solution
and, in effect, get your prescription re-
filed. Preparations having one gram
of codeine to the ounce are also ex-
empt. Anybody who takes couple OF
teaspoonfuls Of such solutions gets
what we call normal dose OF the mar
cotic-about a quarter Of grain.
Considerable comment has been
caused among physicians by the law
DR.. Pabst continued, and he believes
that state medical associations VIII
take the matter up with Representa-
tiyes and with the Attorney General
DR.. Pabst was formerly connected with
tho coroners' Office in Brooklyn and
was active in obtaining the passage OF
the law which now regulates the sale
of bichloride Of mercury in this state.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-24
ELIAS GOODMAN
DIES AT 81
Prominent Republican Leader
Was with Roosevelt in
Board of Excise.

Elias Goodman, prominent for years
in Republican politics and municipal
affairs. died yesterday morning at ms
b,me. POI West 12Oth Street. His
health haG not been good for two years
He was 81 years old.
Born in Gratz, Germany, Mr.. Good
ma. was brought 70 New Hampshire
when a year old, and not long after
ward {, Harlem, where he lived the
re-. of his life. Always a member OF
the Republican Party, he was a mem
Der of the Board Of Aldermen from
1895 10 1907, serving at one time a.
vice-chairman, and was with Theodore
Roosevelt in the Board OF Excise.
Mr. Goodman never failed to run
ahead OF his ticket, and in 1897 was the
only candidate on the Republican ticket
10 win without any Endorsement. Run
ming for Congress in 1900 against
Jacob Rupert, jr., he polled ia votes
more than Mckinley for PRESIDENT, and
2,O6O more than Odell for Governor.
His wife, a sister of James, Edward
and Harry Raseovsr. survives him.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-24
OBITUARY..
ELISHA C. SELCHOw.
nv relegraph % The rribune J

Greenwich, Conn, Feb. 23.-Elisha
C. Selchow died at his home here Mon
day, after a thirty hours sleep follow
ing delirious spell. He was born IN
New York City nearly seyenty-one
years ago, and at the age Of fifteen,
on the death of his father, Frederick
Selchow, succeeded him in the plush
goods and paper box business on Cold
Street. At the time Of death he was
head Of E. S. Selchow & Co., OF go
Broadway, Wholesale toy, games and
novelty dealers. He committed daily
up to October last, when he was
taken i'll with sarcoma of the hip. Mr..
Selchow became noted as the inventor
of parchesee and the pigs in clover,
puzzle. He was the sole survivor OF
the founders of the John Street noon e
day meetings, instituted thirty, hye
Years ago, and a member of the Sec.
ond Collegiate Reformed Church OF
Harlem. His wife, four sons and four
daughters survive him. The Rev. Or.
A. B. Simpson will Ofhciate at the
funeral in Greenwich Thursday.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-24
ship SUBSIDY
NEEDED, HIS PLEA
City Bank Official Tells
Traffic Club Problem
Must Be Faced.

A ship subsidy is in all probability
necessary to the upbuilding Of an
American merchant marine, according
to W. S. Kies, manager Of the foreign
trade department of the National City
Bank, who spoke before the Traffic
Club at the Hotel Aston last night.
"if the people of the country agree
upon the desirability Of q merchant
marine they must face squarely the
problem which having one brings to
them" he said. "No half way meas
ures or temporary eXpedients of doubt
full value will solve the problem. If II
costs us more, with our higher stand
ards of labor, to build and operate
ships than it costs other nations, and If
we would still have the ships, then the
difference in operating costs and initial
expenses must be provided for by ma
tioral legislation. This probably.means
chip subsidy"
Our South American trade could only
be built up, he said, on the announce
ment of a settled policy of this gov
eminent in reference to the protection
of American interests abroad. The
lack Of such a policy had cost our in
vestors millions of dollars in Mexico,
and their experience, he said, had
dampened American interest in those
fields of investment. "What is the use
Of high interest if the principal be
lost 2" he asked.
Other essentials to the creation Of a
large South American trade were the
thorough education of American sales
men in that country in the habits and
languages of its particularly
French, Spanish and German; wider CO.
operation by American merchants IN
the production and advertisement OF
goods, and a ceasing of the constant
popular agitation against business In
terests, ill-considered restrictive legis-
lation and unscientifcally made tariff
laws"
at is unquestionably desirable that
a group of American manufacturers be
permitted to join together in the main
tenance of exhibits Of their products
in foreign markets, and that they be
allowed to pool their expenses and
divide the profits, yet the Sherman act
makes such a course illegal" Our for
eign competitors, he added, profted
richly by the "cut throat competition
with which we endeavored to destroy
one another in internecine warfare.
The establishment of American
branch banks in South America would
work 20 the advantage OF our mer-
chants, he said, adding that several
had already been established by the
National City Bank. European capital
would be scarce after the war, he add
ed, and this scarcity represented Amer
lean opportunity in the countries TO
the south of US, the development, OF
which the British and Germans had IN
the past largely monopolized.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-24
FATE OF MORGAN ART
TREASURES IN DOUBT
Disposal of Remainder, IT Is
Thought, Would Involve
Financial Sacrifice.

Sneculation continues as 20 whether
j. Z. Morgan intends 20 dispose OF the
remainder Of the great collection OF arr
treasures formed By his father. fer-
sons familiar with art values are IN
clined 20 the belief that the chinese
poreelains and the FTagonard psheIs
are the two most valuable portions OF
the entire collection II II were di'ided
into sections, and that, while ialr
profit on the investment has been Cd
tanned for these two parts, II Is almost
certain that some sacrifices would nave
20 be made in the dispersal, elther by
private sale or at auction, OF Nhe Dai
snee OF the collection.
Speaking on the subject yesterday,
we'll known art dealer said: III IS quite
likely that Mr.. Morgan's next move ~
the matter Of the disposition OF tne
remaining Morgan art objects IN ths
Metropolitan Museum VIII be goVetheu
by the result Of the appraisal, "hlGs
will determine the amount 10 DC Psiu "a
by him as an inheritance tax. II ~
should reach figure that he REGARDS
as prohibitive he may decide TO slIo"
the rest Of the collection 20 remain IN
tact in the museum for all time.
The upper galleries at the ART es' 40
lishment Of the Duveen Brothers, NV
Fifth Avenue, are being prepared 70 re-
eeive their recent acquisitions from
the Morgan estate, the Chinese porce-
lsins and the Fragonard panels, when
are 20 be placed on exhibition PRIOR 70
their dispersal az private sale or en-
bloc. Joseph Duveen declared yester-
day that there is no truth IN the ruhoI
that his firm Is negotiating TOT any
other part of the Morgan collection