The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-10
BECKER PLEA GOES
TO JUSTICE HUGHES
w. BOurkc Cochran Presents
Writ Of Error Application
at Rangcley. Me.
THREE POINTS AT ISSUE

w Bourke Cochran, Charles BeckeTs
attorney. was in Rangeley. Me. yester-
day. where he aid before Justice Charles
Evans Hughes of the United states Su-
preme Court his application for a writ or
error In the Becker case,
Much secrecy was observed about Mr..
Cockran's trip. 1t being said at his office
in the afternoon hat he was still In
town. Inquiries as TO when Mr.. Cockrnn
Intended to take the present step brought
only the reply that II had not vet been
definitely decided. II was thought that
the unusual reluctance to discuss the
matter was caused by a desire to remove
any chance of an undignihed conduct
charge being made with reference to the
appeal.
The grounds Oh which MIR. Cochran
made his plea to Justice Hughes became
known yesterday. although he and Mar
tin I. Mantou have persistently refused
to make any disclosures. There are
three chief points made in the applica-
tion-that by the immunity agreement
signed by Rose, Weber and WALTON they
were virtually given luducement to
swear falsely against Becker that the
change of venue demanded by Mr.. Cock
ran at the beginning of the second trial
1 should have been granted because of
the state ~ public opinion IN this
county, and that because Of the fact that
the present Governor of the State prose
cutcd Becker in his two trials the con
drmned man has lost his constitutional
right 10 make a final appeal for clcmency
to an unbiased mind.
Lawyers Greatest Hope.
The creates hope of the Becker law
yers is believed to he pinned on the ques-
ton raised by the immunity agreement.
BY his agreement Rose was granted inn
muiity for any charges Of conspiracy,
briber eNtortion or murder which might
grow out of his testimony as to the
killing of Rosenthal. The Becker law
yerS maintain that such an agreement
was To say ia effect. IF you will give m
my life | will give you Becker's." and
assert that it was III violation Of due
process of law guaranteed by the Consti.
tuition,
The section of the immunity agree.
ment between the District Attorney ant
Rose. WALTON and Weber on which they
lay particular stress Is the following
1T being agreed that the said Jacl
Rose Will Immediately attend befor,
the said Grand Jury and fully an,
truthfully give his evidence concern
ing the murder Of Herman Ro
scnthal II the criminal liability therefor
OF the said Charles Becker the Distric
Attorney. with the knowledge and con
sent of the court. agrees that the sal,
Jack Rose shal not bc prosecuted 70
SAID crime of murder or for amy Grim,
which may b" included within tn. testi
mony which he shall give"
The agreement stated that IL wa
effective only on condition that Rose di,
not fire any Of the shots into the bod,
of I,Osrnthal, but Becker's lawyers as
Scrt hat the fact that he collected tn
> gunner on the night of the murder an
was instrumental in bringing about tn
shooting made him Just as much /
+. danger OF going To- the chair as # h" ha
!. fired tn" shots. 80, they argue. the i'm
= munity agreement gave Rose "A way
, save his life, IA condition that Nigh
easily have Harped ms testimony.