Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-07-28
Especial to The Times-Dispatcbr


! day ut least. Becker is scheduled to
die on Friday morning. The tim. in
'erNcninI between Becker's testimony
I ana the hour set for his death would
NOT. II is argued, be sufficient to per-
hHt the justice TO decide what he
should do.
But the greatest fnctor I'm the puzz,e
now in Justice Ford's hands is h,st
now tar beyond its statutory movers
VIII me inherent right of the Supreme
court permit its justices to GO"
io-day District Attorney Perkins
submitted TO the justice forty-eight-
page brief, the crux of which dweIt
upon the subdivision seven of s.ctior
NO. 40 OF the Code of Criminal Pro-
cedure. To this Mr. Cochran. after
aeiay or two hours, replied with a brief
III which he says:
me power OF the court to grant a
new trial on these attidarits is abund
ant under the provisions of section an,
OF the Code OF Criminal rrocedure and
ny virtue of its inherent powers over
It's own records
COCHRAN EPITOMIZES
ENTIRE CONTENTION
Later MIR. Perkins submitted a sun
Elemental brief i'm which citations of
many preccdcnts are made MIR Cock
ran made reply with supplcmental
hFei' IN which he eptomizcs his entire
conventions in the final paragraph:
ms court Is urgently asked to
observe that in these briefs submitted
py the district attorney, as in his ar
gunlent Yesterday, the facts embodied
In the attendants affidavit arc hardly
questioned. Tho district attorney
placed his whole reliance not on the
Justice of the defendants conviction.
but on the techncalities which he in
Noked TO prevent this courtroom doing
what justice manifestly requires should
be done"
And there. the justice finds. the mat
ter hangs. The so-called inherent
power OF the Supreme Court would
permit him to go beyond the hard
and fast lines laid down by the code
or Criminal Procedure inasmuch as il
is, MI. Cochran contends, the unchal-
lenged right OF the Supreme Court TO
cleanse its own records OF any possible
error Invoking such inherent right
Justice Ford could obey whatever inn
pulls" mis- reason engendered. Adher-
Ing TO the strict letter OF the law, Dis
trict Attorney Perkins holds that the
Rosenthal conference between big
, Tim Sullivan and Becker is not com
, pctent evidence, because Becker knew
about II and kept il secret.
Replying to this, Mr.. Cochran wants
To know whether Becker Is to be
electrocuted for murder or because
he possessed a distorted and wholly
fallacious conception of loyalty.
Mr.. Cochran asserts that come what
may, Becker is ready. And it is known
that while Becker has never realized
how sweet life is until the shadow of
the chair has darkened him, he is
quite calm and totally resigned. More
over. he is preparing statement
which he will leave for public con-
{ sumption after he is dead
He has not written this statement
yet. but he has it well formulated in
his mind. The writing of the state
Z
against him. be his final act. That
he will do this Is virtually assured.
; Just what the statement Will contain
Is not known except by Becker and
Mrs. Becker. Names never before
linked with Beckcrs in print may be
another protestatton of Innocence.
Justice Ford worked almost all Of
| last night. He was in his chambers
at 10 O'Clock this morning. At noon
! he was leaning over his desk, collar
less coatless, his hair rumpled and a
/ his face. On one side was heap Of
I affidavits and briefs. On the other
| and scattered around the broad desk
were twenty-nine bulky law volumes,
| from each of which numerous slips Of
! paper protruded.
JUSTICE CONSIDERING;
| ONLY HIS LEGAL RIGHTS
! I
| only his legal rights and had thrust
/ aside all idea of usurpation of the Gov
! errors powers of granting clemency.
| OF all the affidavits submitted by Mr..
| Cochran that OF Hartford r. Marshall
| is considered most important by the
! justice. Marshall, once Webber's law
| yer, alleges that Weber confessed to
him that Becker had no part in the
plot to Kill RosenthaL But the code
, says that new evidence" must not be
contradictory in character: that 1t
must not be cumulative. and 1t must
not be composed of facts known at
the time Of trial. The problem In
Marshall's affidavit is the alleged ele-
ment of pure contradiction. Justice
Ford is not satisfied that he has all
the inherent power ascribed to him by
Mr.. Cochran He is inclined to the
opinion that his powers are defined,
J uncompromisingiy by statute. He re-
fuses to consider whether Governor
Whitman has reviewed Becker's case
from an unbiased standpoint. He takes
the stand that there is no evidence
that the Governor Is not willing and
anxious to give Becker Il square deal.
Further complications arose as tho
case was discussed. IL is argued that
Justice Ford will not unduly hurry,
because the date of execution is set
for Friday. If he cannot decide by
Thursday night, he will ask that Beck
! cr's execution he again postponcd If.
on the other hand. he dccides Gatly
that Becker should have n new trial.
II Ia argued that such decision can
be appealed from, and that, iuasmuch
az neither the Court OF Appeals nor
the appellate division is sitting, Peck
er could not enjoy a third trial until
, this question could be decided.