New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-07-10
HUGHES DECIDES
BECKER'S PLEA;
KEEPS SILENCE
Cochran TO Announce De
CisiOn on Return To- day
from Trip to Maine.
by Long Diaanc, Telcphca, to Tn. Tribun.

by Long Distance Telephone to The Tribune
Rangeley, Me. July 9.-W Bourke
Cochran, counsel for Charles Becker,
arrived here to-day and argued before
Justice Charles Z. Hughes. of the
Aited States Supreme Court. who has
a summer home on the lake. an appli-
cation for a writ of error
Mr.. Cochran arrived here early this
afternoon and went at once to Justice
Hughes's horne. The brief brought
here by Mr.. Cochran was rather
lengthy. After It had been read and
argued Justice Hughes made his de.
! csion. What that was efforts to learn
tonight were unsuccessful
1t is the custom of United States Su
preme Court justices to permit counsel
TO announce the decision. Mr.. Cochran,
who went TO the Rangeley Lake House
on leaving Justice Hughes. would not
say whether his application had been
successful. He spent the night here
and will leave for New York on the
[ llsOU Train LO-iNOlIO IOH ilbilsiiEs
Asked on Three Points.
1t is known that the writ was asked
on three points, alleging violations OF
Beckers constitutional rights. The
first was that the immunity agreement
between the State of New York through
| Frank Moss, then First Assistant Dis
trict Attorney, and Jack Rose, Harry
Nallon and Bridgie Webber, practical
lv demanded that the three informers,
TO avoid prosecution, should tie Becker
up with the killing Of Rosenthal.
Mr.. Cochran called to Justice
Hughes's attention that part of the i'm
munity agreement between the state
and Rose-the others were similar IN
text-that read:
"And it being agreed that the said
Jacob Rose will Immediately attend be
fore the said Grand Jury and fully and
truthfully give his evidence concern
ing the murder of Herman Rosenthal
and the criminal liability therefor OF
the said Charles Becker, the District
Attorney. with the knowledge and con-
sent of the court, agrees that the SAID
Jacob Rose shall not be prosecuted for
said crime of murder or for any crime
which may be included within the tes-
timony which he shall give; upon theSe
conditions, however;
THAT the said Jacob Rose did not
fire any of the shots at the body OF
Herman Rosenthal, and provided also
that the said Jacob Rose shall remain
in the city prison or any other prison
in the County of New York which may
be agreeable to the District Attorney
until Charles Becker shall have been
tried for SAID murder and the indict-
ment shall be disposed Of"
This. Mr. Cochran argued, made 1t
necessary for Rose and the other in
formers TO swear that Becker had given
tho order which effected Rosenthals
death.
Change of Venue Plea.
The second point on which Mr.. Cock
ran sought the writ of error was that
the defendant was denied change OF
venue. which had been moved on me
ground that before the trial had actu-
aIlv started, District Attorney Whit
man gave out a story TO the newspapers
which influenced the jurors against
Recker The story was that Charles
Becker's brother, John, had been IN
etrumental in trying TO shape last
| bonr story to save the four gunner.
That Becker's constitutional rights
wore violated in that the man to whom
he made his plea for executive Glenn
oncv. Governor Whitman. was not the
Continued on page I. column