The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-11
NEW FACTS ALLEGED:
DECISION IN A WEEK

'' - ''' ~ ~
by the testimony OF Rose and Bridge
Weber for the prosecution that thev
had rendered Rosenthal incapable of in
juring Becker. hat Becker knew this
end that therefore he could have had
no motive for urging Rose 20 have the
crime committed.
The brief ends with a most unusua,
pea TO the court. growing out OF the
fact that Gov Whitman. in whom will
lie Becker's last hope of life II the court
decides against him. was the prosecutor
in his two trials. "A condition which has
never arisen in this State before. ON
that singular phase OF the case, Mr.. Man
ton says:
Sees M Hope In WhitnRn.
Counsel appreciates fully what IL IL
that he here asks the court to do. To
grant this application will be to concede
tha- certain important features OF the
record have been overlooked. and this IL
an act of self-abnegation. not to say
heroism, hardly to be expected from
mortals.
But the court is asked TO remember
that in a very peculiar sense II IL the
last refuge open 10 this defendant. In
t1lS lHS SlNNsAl4ul ullltTS from .1lat OF
rny man ever convicted of murder In
this State. Never before could the body
OF a man be delivered 10 the eNecutioner
until all the facts against him. after
having undergone the closest scrutiny
by the courts. had been finally examined
by an entirety independent n impartial
mind occupying the Executive chair
Through the memorable course OF
svents tine prosecutor of this defendant
In nnW f..yarnpr nf tho State That Anal
examination of his case by an impartia!
Executive which the Constitution as
sured every man under sentence OF
death this defendant cannot hone to en-
10y. IL under these conditions this judy
ment should be executed and II should
hereafter appear that the defendant was
not the accomplicc but the victim Of
these self-confessed assassins our whole
judicial system will be seriously dis
credited.
The charge to the jury in the second
tri.xl Is attacked in the brief as unjust
because of failure by the court to bring
out points bearing on the question OF
motive. points established by the prose-
cution's witnesses. but which the defence
believes were favorable to Becker. OF
these tie first. according to the brief. Is
"the overwhelming motive OF Rose for
desiring the death of Rosenthal."
Roses the Create Motive.
In support Of this contention Mr.. Nav
ton relates the testimony OF Pose him.
self as to the quarrel which developed
between himself and Big Jack Zelig. the
gang leader. because Zellg believed Rose
was responsible for his being twice ar
rested for carrying concealed wes pons.
Rose swears that having heard Of
this he visited Zelig in the Tombs for
the purpose OF attempting to propitiate
him by securing his release OF bail" the
brief continues. land that Ielig during
his second Incarceration said, II | am
sent away for fourteen years my friend 4
will take care OF you This meant adj
mittedly that If Zelig were convicted his
friends would kill Rose. Rose testified
explicitly that he believed Rosenthal vas
responsible for producing in the mind OF
Zelig the belief that Rose had caused
his arrest, and this. as we have seen,
constituted an injury TO Rose OF the
deadliest character.
"Conceding for the moment that
Becker had such a motive as the
prosecutor imputes to him. Il could not
have been so powerful as this one which
animated Rose by his W statement.
Rose had no doubt that his own life
depended upon ending Rosenthals ca
pacity to injure hin with Ielig and
49,. -, = -, =. n
NO. ,o"iu u" aS''p's"e" '""' u! 'oS
INA : ueatn'
Ieat.ie y ~ eT'uenee WI Han
eoh .onleHda shou'u nave oee" sun
hlt'eu 10 tne jury, ana not 10 40 SO
ne cnaravteFl@es as ueauIy'
AS 10 me motive attributed 10 Becker
That he feared Rosenthals making pub
lie charges againT MN, ana testifyIng
against him before tho Grand Jury, Mr..
Nianton takes the position mat the pub
Ilcation or the charges had been made
and could work no further mischief for
Becker.
Becker Didn't Fear ROsenthaI.
.p.oLor ha, ,o,bi,n . u
s,o, az 400 noa"e nm
appea''.e. NJ sa!S. hose
"u 80 Iu ma ~ WY
m 'aoeo vi WIN no'll,nai reileu 10
'%upPolt His cnaises Wou'n not appear
~ .o,,ooor"'e mn. MA J. was proved
Inat "eDner W 'hiorHleu beckeE IN the
PFeseHFe OF hose'
Everything that Rosenthal could
have done against the defendant had
already been done and this according
10 witnesses produced by the prosecu-
tion Itself.
yet this comma risop NJ the re,ations
rhto, Dali. go 80
to Tossnthal was never submitted to