The Barre daily times. (Barre, Vt.) 1897-1959, 1915-06-19

|
bunal. ~,
The decision was against Becker.
The motion decided yesterday by the
court of appeals in the case of Charles
Becker was an unprecedented move in a
| big criminal case. The effort amounted
practically to an attempt to get the high
est tribunal in the state to reverse itself
| by asking that the court of appeals re-
view its decision sustaining Becker's sec
ond conviction and denying him third
trial. The motion sought to obtain re-
argument of the appeal from the verdict
of the jury in the second trial.
The chief point raised by Martin t.
Manton, counsel for the ex-police lieu
tenant, was that since Becker's convic-
tion Charles S. Whitman, who prosecute
ed Becker, had been elected governor anu
therefore Becker could not hope to enjoy
the Independent examination of his case
by an impartial mind sitting in the ex-
ecutive chair, which the constitution
guarantees to every person sentenced to
death before he can be executed"
District Attorney Charles A. Perkins
vigorously opposed the motion. He con-
tended that if Becker believed he could
not obtain fair and impartial hearing
from Governor Whitman in an appeal for
executive clemency there was an oppor-
tunity offered to appeal to the lieutenant
governor in Governor Whitmans absence
while attending the San Francisco fair.
Mr.. Perkins called attention to the fact
hn d. In, foil lad IN
take advantage of this opening.
In an answer to this argument by Dis
trict Attorney Perkins a supplemental
appeal was filed with the court of APP
peals on Wednesday.
Execution of man under such con-
ditions would discredit the whole admin
istration of justice" said Becker's brief
to the court of appeals. ITO avert such
a calamity ample power is conferred on
this court. 1t is not merely the right
of the defendants counsel to invoke ex-
ereise of this power on behalf of his
client. but it is also his duty to invoke
it on behalf of the governmental system,
which depends for its stability on popu-
lar confidence in the efficiency of the
courts to make our law the synonym of
Justice.
THE brief of the district attorney
takes exception to the statement that
This defendant cannot hope to enjoy the
Independent examination of his case by
in impartial mind sitting in the ex-
,cutive chair, which the constitution
to every person sentenced to
leath before he can be executed, since
he prosecutor through whose zeal he was
onvicted is now governor of this state.
The remarkable suggestion is advanced
hat the defendant might have applied
o the lieutenant governor for clemencv
n the temporary absence of the chief ex-
cutive.
"The defendants answer is, first, that
ntl this application shall have been de-
led he is still within the protection of
he court. And so long as he may in
oke the judicial branch to establish his
innocence he does not believe the time
as arrived TO invoke the executive.
TN the second place he does not be-
eve that any person who has ever been
lised 10 the dignity of lieutenant gov
nor would stoop TO take jurisdiction of
matter so important as this in the
ere temporary absence of the executive.
nd what the Lieutenant governor would
ot be justified in doing counsel certainly
i'll not ask him TO DO"