South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-07-29
BECKER WILL DIE
FRIDAY MORNING
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NEW YORK, July 29.-within an
hour after the sun rises tomorrow
morning. Charles Becker viii be led
through the little green door" OF
the death house as Sing Sing prison
and pay with his life for the murder
OF Herman R0senthal on July Is,
1912.
Becker has lost his last fight in the
courts Of New York. Justice John
Ford has refused 10 grant his appeal
for a new trial Gov. Whitman has
declined TO interfere. Becker knows
that hope has gone. he has prom
ised TO die like a man.
1t was regarded as possible today
that an 18th hour attempt would be
made by Becker's counsel TO appeal 10
some Justice OF the United states su-
preme court That such an appeal
would be useless was generally recOS-
nized. Associate Justice hughes hav-
ing already turned down one such
plea.
AS the hour of Becker's execution
draws near there are coming 10 light
facts regarding his efforts TO escape
the electric chair that had not even
been suspected by the general pubic.
From one source it is learned That
Becker recently Offered 20 betray five
prominent men Of New York city III
return for executive clemency.
Gov. Whitman declined 10 bargain
with the condemned man. From an
other source comes the information
that Becker had three times ouered 10
plead guilty OF murder in the second
degree after his first conNlcuon IN or
der the escape the chair.
Mrs. Becker. who had left Ossining
shortly before Becker was informed
that Justice Ford had refused 10
grant a new trial, reached heT hOine
here in a drilling rain early TINS
morning. she refused 10 comment on
the courts decision.
Justice Ford asserted that ne ala
not believe there was any appeal from
his decision He Is backed In TINS
oDinion bv Dist. Atty Perkins and
Assistant District Atty. Taylor ana
Richter.
Held by Law.
The justice declared that the mo
ton could not be granted under the
common law, that he had no such IN
herent powers as Mr.. Cochran as
cribed to him and that he was COM
PEELED 10 agree with Mr. Perkins and
Mr.. Taylor that he was held hard ana
fast to the statutes set forth In the
code OF criminal procedure.
Rockers own affidavits, the justice
points out, must be disregarded De-
cause il is admitted not new evidence
He declares that very little OF hauI-
mans afhdavit is admissible EX-
Sheriff Gintys affidavit, the opinion
holds carries no weight because IL
seeks TO impeach Rose. He says the
same Of the statement of Joseph Muir
phy the convict who SWOre ne neaTd /
Bridge Weber FRAMING" Becker.
Hartford T. Marshalls affidavit the
Justice contends, is not admissible on
the grounds that IL tends TO lmpeach
a witness for the people.
Harry Applebaum's affidavit, the
Justice saws. contains nothing that
Becker might not have produced IN
his own defense at his trials.
81 am OF the opinion" the justice
SAYS in his decision. that when sub
iected to the test of the statutes and /
the decisions, there IS not enough |
competent evidence adduced to nave |
changed the result had IL been re-
ceived upon the trial.
Ford Is Sorry.
Il am sorry TO have TO do this, de- |
clared Justice Ford TO the reporters, /
1T Is not an easy thing to deny a /
man his life. And today 1 am cele- |
brating the 53rd anniversary of my |
birth NV wife and daughters are |
UP in the Catskills l heard from |
them only Wednesday. | assure you, |
gentlemen, this was no easy task.
This appeal of Becker's should |
have been made TO Gov. Whitman.
The powers of the court are limited !
in criminal caseS-so limited that
when I came 10 look into the author
tiles l saw that there was but one
thing for me TO do. / really arrived
at my decision last night.
There is a growing popular discon-
tent with the hardness of convictions.
This crime was committed three years
ago. There is nothing 10 show that
/ had the inherent power that Mr..
Cochran said 1 had. If new trials
were granted on such grounds as this
petition is based upon we would never
get through II is always possible to
get afidavits But these aifidavlts
must comply with the statutes if they
are 10 be regarded as new evidence.
This Is one Of the reasons why the
judges are withheld within such mar
row confines"