The Barre daily times. (Barre, Vt.) 1897-1959, 1915-07-29

New York, July 29.-,Justice John Ford
of the supreme court last night denied q
new trial to Charles Becker, the former
police lieutenant under sentence of death
for instigating the murder of Herman
Rosenthal, the gambler. This decision
means that Becker must be electrocuted
on Friday.
Justice Ford announced his decision al
| 10 o'clock in his chambers on the TOP
floor of a downtown Office building, where
he had labored for several days and
nights on the briefs submitted for and
against the application for new trial.
He called the waiting newspapermen into
his chambers, and, as his secretary hand
ed them copies of his typewriter de-
eision, the justice said:
II have denied the motion for new
trial And this is my birthday. I'm SO
to- day. It's pretty tough way TO spend
your birthday, isn't itf"
The justice added that he had planned
to spend the day with his wife and
daughter.
II virtually arrived at my decision
Tuesday night" said Justice Ford, but
spent many hours since then phrasing
and arranging the opinion"
Then the justice chatted for several
minutes on the law involved in the case
he had Just decided. Only newspaper
men. a clerk and Michael Ford, his sec.
retary and brother, were present. None
of Beckers counsel was there. Mrs.
Becker was said at the very moment 10
be visiting her doomed husband in Sing
Sing
Justice Fords decision contains about
/ 800 words. IL goes into the details Of
Becker and declares that the evidence
preferred is for the most part cumu-
lative and hence insufficient
Referring to the plea Of W. Bourke
Cochran, chief counsel for Becker. that
the right 20 grant a new trial il inherent
in the court, the decision says
Il cannot find anywhere in the author
tiles even a suggestion that this court
possesses such inherent power. On the
contrary, as has been pointed out. the
power l. granted by statute and must
be exercised in strict compliance with
IL"
IN conclusion the court says As I
studied the authorities and examined the I
,ffidavits. the conviction has grown upon /
me that u IA new trial could not l-e 4
zrauted without disre0srding the Law 1
ind attempting 10 usurp the functions of 1
mother department Of government.
The motion is therefore denied"
The decision refers a. some length 20 4
Re case u ~ G. Benham. which vas
irFed by Mr. Cockrsn a. grounds for
.rauting = new trial II declares that
10 resem mbiancs between the nenham and /
}eskef motions y that the defendants
ach had knowledge 81 the facts sought
o b. proved 81 tie tims of the trial and
fss net permitted BY his lawyers 20 tes-
~ concerning them. In the Benhsrn
asr there sns nsH eridenos asidf from 4
- defeudaut's. but the caurt fn8s ne
ush nee stiienos IN the Bseker mofior.
Howard g. Bsnhsm uas canFieted -
s. murder 81 be sifs 81 Bstatfa. n. g..
! IsH7. AZ BE trial hs did nrt take ths
tnsss stsnd The eourt ~ appeals
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eurt 1ustias Hoaker isteF granted hitu
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