Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-03-25
Counsel for the Former New
York Police Lieutenant Asks
for Another Chance to Go Be-
fore Jury.
Says NEGRO WITNESS LIED
Condemned Mans 'Press Agent"
Is Called "Lunatic and Per-
jurer"-COurt's Refusal to
Admit "DagO Franks" Con-
fessiOn Attacked AS Error.

ALBANY, y. V. March 24.-Another ef-
fort to save the life of former Police
Lieutenant charles Becker. who is un-
der sentence of death for instigating
the murder Of Herman Rosenthal, was
made befor. the court of appeals to-
day. Martin r. Manton, Rockers at
torney, asked the court to reverse the
judgment of conviction resulting from
the second trial and TO give Becker one
more chance to defend himself before
II jury.
During the three hour argument.
Mrs Becker, wife of the condemned d
man, sat in the court room and took
frequent notes of the proceedings. Be
side her sat her brother J. T. Lynch.
The case will he continued to-inor-
row. when Manton will conclude his
argument and Assistant District At
torneY Robert G. Taylor will argue
against granting a new trial
Manton attacked the testimony of
James Marshall, a negro witness. at
the second trial who came into prom
inence recently by reason of convict
Ing affidavits he made concerning what
he knew Of the homicide.
SAYS MARSHALL. LIED
Marshall lied at the second trial.
hIinton said. 'He testified then that he
saw Becker comforting with Rose,
Schepps and Weber. accomplices before
the murder, but he was not produced a:
the first trial. \ short time ago he gave
an affidavit in Philadelphia that his tes-
timony was false. He virtually suhstan-
tiated that affidavit before me, but stlI
later he repudiated both Of these affi-
daVits how can this court place crodence
on the story of such Witness"
Charles h. Pitt, Jr, Beckers press
agent" was characterized by Manton as
'lunatc and a perjurer, ii one per-
son can he both" Manton asked the
court not to consider his testimony SER
iously.
Pitt, who did not testify at the first
trial, testified during the second that
Becker had told him to be in the vicinity
of lines square on the night of the
murder as something might happen.
The refusal of the trial court to admit
the alleged confession of "Dago Frank'
Cirofici made in his cell in Sing Sing
prison few hours before he and the
thre" other Eunmon We're eectrocuted
was held to be reversible error by
Mahtoh. lie also contcnded that the Sec
ana trial was staged in AN atmosphete
hostile to Becker"
BEG lIR NOT ESSENTIAL TO CRIME
Summarizing his cage. Manton said.
"A feature Of this case which through
out IA ptrusal Of the record strikes one
with Irresistible force is that if every
reference to Becker Wer. eliminated the
crime of murder would still be, in every
essential, complete. Becker is not essen.
tial to it, inccptions. its progress or its
consunmatiun. The offense is complet.
in every detail without him. Proof of
his participation is III no sense an essen
tal element, but the evidence incriminat-
ing him is supcrimposed upon an already
completed structure.
1T is the contention of the defense
that the evidence affirmatively shows this
crime was planned long before relations
between Rosenthal and Becker became
strained. that the crime was committed
not by the procurement of this defend
ant or with his knowledge, but by his
sons and motives of their own. We also
contend that the idea of duplicating
Becker occurred when the course Of the
investigation into the murder made il
certain that the participation of the real
culprits had been discovered by the au-
thorites and there was "A Chance of es-
cape II the newspaper clamor for the in
elimination Of a high police official could
be gratihed"
ROSES PART IN AFFAIR
Taylors brief which he submitted to-
day and from which he will argue to-
morrow read in part
1T goes without saying that the test-
mony in the ca Sc proves murder with pre-
meditated design. Intent, deliberation
and premedtation were shown to have
existed for several weeks prior to the
killing Why there was delay seems to
be sufficiently explained by Jack Roses
own testimony as to his 'staling' He
threw obstacles In the way sent the gumb-
Ter Zelig out of town, interrupted the
garden restaurant attempt by pretending
there was private detective present,
sent Lefty Louie out Of town and in
dulged in various other obstructive tac-
tics, In view of Roses lack of initiative
Becker put Webber in charge and Web
her was the one who did the final act of
locating Rosenthal and directing the gun
man where to go and shoot him"
Because Judge Seabury. who since has
become a member OF the court of APP
peals, presided at the second trial of
Becker and sentenced him, he will take
TO part In the appeal. The judges par
ticipating are Chief Judge Bartlett aud
Hogan. Collin. liiscock, Chase. Cudde.
back and Cardozo
New York custom house rcport for