Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1915-07-29
Becker Must Pay
Death Penalty
JUSTICE FORD DENIES MoTIoI
FOR A NEWeTRIH
EXECUTION TOMORROW
Decision Asserts That the EHdsnc
Proffersd To- -cun,ssztive and Hen1
Not Sufficient

New York, July 2s-Justice Ford am
nounced his decision at 10 o'clock to.
night IN his chambers, where he hai
labored for several days and night
on the briefs submitted for and agains
the application for q new trial HI
called the waiting newspaper men in.
to his chambers and as his secretary
handed them copies of his typewrft.
ten decision, the Justice said:
Il have denied the motion for
new trial. And this is my birthday
I'm SO today. It's pretty tough way
to spend your birthday, isn't it2"
Justice Ford added that he had
planned to spend the day with hii
wife and daughter.
Reached Decision Tuesday Night.
81 virtually arrived at my decision
Tuesday night said Justice Ford
but spent many hours since ther
phrasing and arranging the opinion:
None of Beeseers Counsel Present.
Then the justice chatted for sew.
era1 minutes on the law involved IL
the case he had just decided ONLY
newspapermen, his secretery and
brother, Michael Ford. and a clerl
sci was there.
Mrs. Becker was said at that verJ
moment to be visiting her doomed
husband in Sing Sing.
Decision Goes Into Details.
Justice For6s decision covered fivI
full pages. OF legal cap paper and
contained Rbout 800 words It goes
into the details of the affidav1ts filed
by the attorneys for Becker ind de-
''is for the most part cumulative and
hence insufficient"
Referring to the plea Of W. Bour4xt
Cochran, chief counsel for Becker, thai
the right to grant a new trial is in
herent in the court. the decision says:
Could Find No authority.
'T cannot find anywhere in the au-
tborftdes even 2 suggestion that this
court possesses any such Qnherent)
power. On the contrary. as has beer
pointed out. the power Is granted gy
statutes and must be exercised In
strict compliance with it"
In conclusion the court says
AS studied the authorities and
examined the affidav5ts the conviction
trial) could not be granted without
disregarding the law an dattempdna
to usurp the functions Of another de-
partment of government.
"The motion is therefore denied"
Execution At Daybreak Friday.
Justice Ford was asked later about
a possible appeal by Becker from his
(the justices) decision. but he declin-
ed to say whethAr Becker can appeal
Justice Ford's decision means that
| Becker will undoubtedly be put to
death in the electric chair shortly aft
er daybreak Friday morning for a
crime of which he was twice convicted
after two sensational trials which at
| tracted widespread interest
The decision -disposes of the latest
effort to save Becker, begun last Fri
day when Supreme Court Justice
Philbin granted an order for the dis
| trict attorney to show cause why a
new trial should not be granted The
| writ was returnable Monday before
| Justice Ford and Becker's execution
which had been fixed for today, was
put of until Friday at the request OF
| Justice Ford, who wanted more time
/ to consider the affidavits.
/ Mrs. Becker Wept.
Mrs. Becker, who left her husband al
| Sing Sing prison shortly before Becker
received the court decision, arrived
here after midnight. Mrs. Becker made
the trip alone and wept softly as a
relative met ner at the door of he1
home. Mrs. Becker begged to be ex-
| cused from InakfQV any statement.