New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-05
WHITMAN'S MERCY
MRS. BECKER'S HOPE
Wife Will Appeal to Gov
ernOr if Court Refuses
Reargument.

Mrs Charles Becker is pinning every
hope at present on the possibility Of
reargument of the appeal in her hus-
bands case, application for which will
be made to the Court Of Appeals by
Martin T. Manton, chief counsel for
Becker, probably early next week. She
will visit her husband IN the death
house at Sing Sing to-day.
Until the question Of reargument
is determined no other move will be
made on behalf of Becker. II the
court refuses 70 grant a reargument
II is expected that Mrs. Becker Will
appeal TO Governor Whitman for
Communication of the death sentence as
a last resort, despite the statements
Of Becker himself and his lawyers that
they would not ask clemency from the
Governor
Mr. Manton and John 3. Johnston,
his assistant, were busy yesterday pre-
pairing the application for reargu-
ment In general II will be based on
the grounds that the Court OF Appeals
did not sufficiently consider the credl-
biity OF the evidence Of certain W.T.
nesses.
The lawyers particularly will attack
the testimony Of the four witnesses,
James Marshall, William Shapiro,
George 6. Dougherty and Charles b.
Pitt. ir, whose testimony at the sec
ond trial was cited by the court as
the strongest c. roboration OF Beck
or's guilt.
Il will be recalled that Marshall, the
negro boy whom Becker used as
stoolpigeon, testified at the second trial
DacLar anI Raid lark
Rose comforting az the so-called Har-
lem conference in June, 1912. Beck
er's lawyers will point out that Mar
shalps identification of Rose on that
occasion was weak and that that was
a fact in the evidence not mentioned
by the Court Of Appeals.
In regard to Shapiro, the chauffeur
Of the murder car" who testified he
heard one Of the gunner in his car say
that Everything Is all right; Becker
has the police fixed" il will be argued
that there was no evidence in the
stories of Rose. Weber or WALTON, the
informers, 70 show the gunner knew
Becker had a hand in the plot, and
therefore could not have known that
he had "the police fiXed.'
Pitt testified Becker had warned him
70 keep away from Times Square on
the night of the murder. BecKers
lawyers will point out that nowhere
in the testimony of the informers was
there any evidence 10 show the murder
had been planned ahead for that night,
while there was evidence TO show that
the plans of the nformers were de-
termined on the spur Of the moment.
Therefore. it viii be argued, Becker
could not have known that Rosenthal
was TO be killed that night, and did
not warn Pitt.
George s. Dougherty, former Deputy
Police Commissioner, testified at the
first trial that Becker told him he had
not seen Rose for several days subse.
quent to the murder. At the second
trial he ampifed his testimony by
saying that Becker told him he had
neither seen nor heard from Rose. The
inference drawn by the Court OF APP
peals was that Becker must have known
that Rose was in hiding and wanted
by the police during that time, and had
lied to Dougherty.
1t will be contended that Becker
never told Dougherty that he had not
heard from Rose. and that the Com
missioner was mistaken in that part OF
his testimony.