Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-05-27
Scant Hope for Life Lies in Pos
sible Intervention by Cover
nor Whitman or the L. S.
Supreme Court.
CONVICTION IS AFFIRMED
New York Court of Appeals,
Judge Hogan Alone Dissent
ing. Holds That Second Trial
of Former Police Lieutenant
Fair and Free from Error.

Albany. y. y. May 25.-Charles Becker,
the former New York police lieutenant
must die in the electric chair at sing SING
prison within the next six weeks Tor the
murder Of Herman Rosenthal. the New
York gambler, by four gunner on July
16 1872 unless Governor Whitman or the
United states Supreme Court interVenes'
The court of appeals of New York to-
dav affirmed the conviction of Becker ny
n Jury i'm theaupreme court at his second
trial. held several months ago. Inc same
court granted Becker new hearing AFTER
his first trial on the ground that Presiding
Justice Golf had erred.
Executive CemencY for Becker Is re-
rarded as remote. AS district attorney
of New York county, the present Cover
nor prosecuted Becker both times per-
sonaily conducting the examination OF
,,itnosses I'm the second trial. Tonight he
declined to discuss the case in any way
sneculation is rife here as to whether
Hccker facing death. will not seek 10
save his life by making revelations in
connection with the so-called police sNS-
lon1', in New York to the Governor Re-
rardless of his connection with the Ros-
rnthal case. he is believed to be possessed
NJ information that would he invaluable
ia the State and New York city officials.
rhe statement frequently has been made
that the trials of Becker and the -FOUR
runmen who actually shot Rosenthai only
"scratched the surface" of the true con-
d'tions in New York police circles.
ENACT DATE IN DOUBT.
The date for Beckor's execution may
not be set nor the death warrant signed
until next week owing to the absence o.
some of the judges from here. The law
prescribes that an execution must take
place not less than four nor moro than
six weeks after decision is handed
down.
Lieutenant governor SChoeneck VIII act
as governor during the next twenty-three
DAYS while the Governor is in California
1t is not believed that the Becker case
will be- brought before the acting gov
crnor The prevailing opinion of the
court written by chief Judge William
Rartlett. held that the second trial was
fajr and free from error Judge Hogan
alone disscnted. tie submitted no written
opinion. Judge Seabury. who as SUI
prone court Judge presided at the sec
und trial and now is n member of the
court of appeals, did not sit in the case.
we desire" the prevailing opinion said,
that the views which led us to affirm
this IT, lgment shall he made unmistak-
ably clear. doubtless. a very strong argu-
meut can he made in favor Of the de-
PENDANT based upon the inducement OF
the avowod accompliCcs to swear falsely.
their opportunity to fabricate evidence
and the lack Of conclusiveness in
confederation,
WAS FOR JURY TO DECIDE.
"All this however, was a question for
the Jury with whose determination we
are not justified in interfering unless we
can say that it was plainly wrong, which,
as already stated, we cannot say. There
fore unless the rules of law which have
heretofore governed the disposition of
criminal appeals are to be changed
merely because there might have been
r. refusal to convict on this evidence
we think that they required the submiS
sion of the issues of fact to the jury;
that the case was fair and impartially
tried that no errors Of law were COM
mitted prejudiclal to the defendant; and
that the verdict cannot be deemed to
be against the weight of evidence or
against law within the meaning Of section
52S Of the code OF criminal procedure.
1t is not our duty to try the case over
again upon the printed record, We have
not seen the witnesses. We are deprived
of the aid furnished by their appear
ances demeanor. facial expression and
manner of testifying. These advantages
the jury enjoyed; and there being suffi-
Gent evidence in quantity and quality to
take the case to the jury, the verdict in
the absence Of any statutory grounds for
reversal, is conclusive even upon the
court of appeals"
Among other striking conclusions of
the opinion were these
That there was nothing to indicate
that the gunner were actuated by any
personal hostility toward Rosenthal.
They We're simply murderers for hire
for "Bridgey" Weber Bald jack
Rose and Harry WALTON. Upon the
truth or falsity of their testimony to
this effect, then, depends the guilt or
innocence of Becker.
That the testimony of various wit
nosses regarding the Harlem confer
cnce" at which Becker, Jack Rose and
others are said to have planned the
death of Rosenthal was corroborated
and, therefore. must be assumed to be
true.
That Justice Seabury properly ex-
cluded from the consideration of the
jury in the second trial a statement
given by "DaRo' frank Cerofci. one
of the four gunner executed for the
murder, shortly before his death
Cerofcl declared that insofar AS he
knew Becker had nothing to do with
planning Rosenthals death.
Mr.. Manton, when appraised lat to-
day OF the court of appeals decision
said he would not seek executive
clemencY for Becker from Governor
Whitman. Mr.. Manton will visit SING
Sing prison tomorrow and will plan
with the prisoner whatever action is
to be taken.
BECKER COOl.
Deputy Warden Johnson Of Sing Sine
prison entered tho death house tonight
and informed Becker Of the higher courts
decision, lie received the news with the
same GOODNESS that characterized his
attitude throughout his two trials.
1T Is AWFUL" bA sail u am worried