The evening world. Newspaper, February 24, 1914, Page 2

= me ea B ? a JUSTICE _ GOFF ‘the trial was grossly unfair to the defendant. Indeed, it is impossible to + portray in an opinion the spirit of unfairness which pervades the record ) from cover to cover.” “ REVERSAL ON ERRORS BY GOFF. ; ‘The reversal was based entirely on errors held to have been committed “by Justios Go during the trial. The question of tho weight of evidenco TRE EVENING WoR IS SCORED IN Becker Receives News Calmly; Gunmen Stunned Tho news that Becker had been granted a new trial reached Sing Sing against Becker entered in no way into opinion, though it was discussed. @t 2 o'clock this afternoon, Information about the confirm: tion of the ver- Judge Hiscock wrote tho prevailing opintor Judge Werner held that the conviction should be affirmed because the » riain facte cended to prove Becker's guilt. He sald that the fact that the | had been learned at the prison. tet of the jury in the cases of the four gunmen was awaited before the prison autborities made any move to notify the men interested, At 2.30 o'clock the full import of the decision of the Court of Appeals Warden Clancy was not in the inatitution. in witnesses were gamblers, eriminals, degenerates and murderers should | Th? task of notifying Hecker and the gunmen fell upon Principal Keeper have nothing to do with the decision. He safd thet there was nothing to author'ze the Court of Appeals to invade the province of the jury “nor to decide ig advance what must be dove upon another trial upon a similar ‘tate of facts.” The Judge discussed the cane fully as to the facts and then the rulings Of the trial Justios, He declared that there was no error of law committed at the trial which would justify a reversal. In the gunmen's case the Court said that the only question to be @acided was whether the Court had erred. It was apparent, the Court of Appeals held, that neither unfairness nor unreasonable error was shown in the case, Nit committed at the trial wae iplensd tpen besten Ge4 The’ ony coriecs error attributed te Dietriat- Attomney Whitman wee that in‘his opening addrese he referred te Becker ae a “gratter.” Beeker net being on trial for grafting, it wae held, the District-Attorney ehould net have made this statement, because it might have prejudveed the be ‘The Court eatd ft was ¢mposeible fn an opinion to portray the un- favoraple atmosphere that existed at the time of the trial, but pointed out some of the rulings of Justice Goff which were held to bave projudicsd the defendant's case. Some of them follow: Ab the opening of the case Justice Goff threatened to have Mr. Me- Intyre, center counsel for Becker, removed by an officer hocause he ob- Jeeted to remarks of the District-Attorney. CRITICISED TRIAL FOR ITS SPEED. Justice Goff frequently criticised ‘Becker's counsel! for trivial penilari- tine in their forms of questions, intervened to protect the State's witn-ss on eress-ezamination, aod on one occasion when Becker's counsel ake Mr.) WRjtean to concede « fact the Justice sald: , “Ne. I will not let him concede it” ‘The haste of the tria! also was referred to. . ‘Repeatedty Justice Goff refused to allow Becker's counsel fo have pap- ers they were entitled to that were in the Possession of the District-At- torney and some of the Justice's rulings *passed beyond the limits of dis- cretion and were erroncons as matters of law.” It-was polated out that Becker's counsel should have been given the fullest opportuaity to cross-oxamine Rose, Webber, Vallon and Schepps, who wére tq ¢onsiant communication and conferred with each other and bid Moa a im the common undertaking of attempting to save their ‘The different attitude that the Justice took toward witnesses caused ‘t of Appeals to remark on it. Witnesses who proved disappoint- Justice were treated with harsbness.and manner it ee a GLOOM VANISHED Wemen Find Happineso and Health ta Dr. Greene's Nervura. SAYS POLICEMAN CAN'T BE TRIED AGAIN, ) John ¥, Molntyre, who was chief jcounsel for the defense in the trial Recker, sald when told of the avout of the Court of Appeals: “Of course the decision is just what 1 expected. 1 never entertained a doubt as to the outcome of the ap- peal, for every semblance of fair play ive denied Becker throughout the jal. “From what U have heard, although 1 have not as yet received a copy of the decision, the cuse has been re- versed in such a way as to preclude the trial of the defendant again, 1 Understand that Sam Schepps has been held to be an accomplice as a matter of law and that the court {t unwise to juggle with fe through uny euch aid yy atrong refer. enoe to the attitude of J Garg | toward the counsel for the defense’! _— GUNMEN'S. COUNSEL SAYS DECISION Was 4 GREAT SURPRISE. Former Magistrate C. G, F. whd.sras counsel to the four samen ‘Would rather hot discuss the finding of the Gourt of Appeals until he has thoroughly digested the opinion. “Of course, it comes as a great eur. prise,” be added. “It would be un- fair, however, for me to oxpress an opinion ding the ante ee unt 1 have looked over “Would you classify th ‘: men along with Becker in oo fara 6 new trial is concerned?” he was 'I do not want to go into that phase of the matter,” he said. IFYOUAREA DRINKING MA You had better stop at once or you't love your job, Rvery line: of business ed bag i rds “Drinking” Tt ma: ir turn of ORRINE thousands of emi have hee! rertered telives of sobriet end indust A, oar tories what ORRIN wit ben. we say to you | pte fal! to get any bene ee | ite use, your money will be refunded, —_| Whea you “Drinking,” think of the money you'll save; besides, sober | men are worth mere to their employers | Oe ee Tae bon, We b Bookiet about OBRINE that we are, f Cc at in| , teih t ee b Ca, Weshingles, D.C. For ‘all | ———-—- ----- —— Connaughton and a member of the Warden's ataff. Becker, who has never lost his nerve from the moment of his arrest, received the news calmly, He has been confident all along that he would be granted a new trial. The good news was first broken to Becker, “Dago Frank” Cirofici, “Letty Loule” Rosenberg, “Whitey Lewis" Mueller and “Gyp the Blood" Horowita listened breathlessly, It was not necessary to tell them directly that the Court of Appeals had not interfered with their conviction. ‘They knew it instinctively when Lecker’s informant stopped with the Information to Becker. gunmen were stunned by the news that their last hope of escape ‘tric chair was gone, The Sing Sing authorities never give out any information ag to the happenings in the death houno, and in the absence of Warden Clancy nothing more than the bare facts could be learned. It was stated that Beckgr had prepared or was about to prepare a statement to the press, Court said time was being “wasted” and terminated the examination. ‘The record, it’ was declared, makes it plain that the controlling pur- pese of Justice Goff was not to save time but to compel the defendant te close his cross-cxamination of Rose so thet the witness might not be | stven an opportunity during adjournment to “re-create” his story. RULING WAS TO PROTECT ROSE. It was the contention of the prosecution that the examination of Rose was completed that dey in order that he might not have an opportunity to take up his story with Webber, Vallon and Gchepps. Of this phase Justice Hiscock eaid: “It ie unnecessary to consider whether the trial Justice was actuated by these precise considerations, I assume for the purpose of this discus- sion that Ais rulings were inspired by motives which he deemed to be praiseworthy and in the interest of justice, But, nevertheless, and how-| ever commendable these may have seemed in determining whether his rul- sasy to conaider what the results of them were, and I am obliged to con- fens that the only substantial and apparent consequences were those eug- sented by the defendant. “Rowe was concededly the most important witness of the prosecution, tf, as claimed by the defense, a wicked conspiracy was framed by him and his ausoclates to throw upon the defendant the responsibility for Rosenthal's murder and thercby secure immunity and save their lives, Rose was clearly the inventor and chief promoter of this conapiracy. “The most apparont danger was the one of a shift or ‘re-creation’ in bis evidence which seemed to uffect the mind of the trial Justice. This danger, if it existed, was one which was ill for the prosecution. for no matter what form it took, an {aabifity or unwillingness of the part of Rose to tell upon cross-examination after adjournment the same story which he had related upon his direct examination would discredit him and inure to the benefit of the defense. Wo do not think that it was the duty of the trial Justice to protect the prosecution against this danger by any such unusual course as was puraued, The defense should have had an oppor- Uuihity for a searching, complete: and advantageous crossexamination of Rose such as was not afforded at the end of long and unusual hours, when counsel was exhausted mentally and physically.” ‘In bis extended remarks concerning the witness Rose and which ‘seemed to us to have assumed somewhat the form of an argument in favor of his “redibility, no attention is called to the fact that he had waved his own life by agreeing to give evidence against Becker; no reference is made to that aspect of the case so vigorously urged by the defendent that he and ols associates had framed and were testifying under a conspiracy to convict Becker for the punpore of saving themselves and that the harmony of their testimony might ‘be the reault of euch conspiracy rather than proof of truth- fulness; no reference is made to any of the many witnesses called by the defendant to contradict the People's evidence.” BECKER'S COUNSEL RESPECTED COURT. While Becker's counsel may have been obstructive, the opinion said, there wan no evidence that they ever were disrespectful to the Court. Some of the least important errors in the case might be overlooked, it was pointed out, if the evidence of guik had been so clear that the Court might have believed justice had been done in spite of them, but such was not the case. Tho fact that the evidence against Becker was that of de generates and criminals caused the Court of Appeals to be unwilling to say, the prevailing opinion stated, that the rulings, on the whole, did not “javolve substantial errors or that it was eo clear that the defendant should be executed that they might be disregarded.” “The fundamental demand of our law {s that the accused shall have fair trial and that if that right has been infringed,” the opinion con- cluded, “not in respect of mere, technicalities, but in substantial matters, and however undesignedly, he shall have another opportunity to meet his accuser and establish his innocence. That is our opinion in the present case, Under the rulings of the court the defendant did not have that manner of trial which the law guarantees to him. His counsel was hame | 4 pered and embarrassed; his case was discredited and weakened; full and tmpartial consideration by the jury was impeded and prevented. He never had a fair chance to defend his life, and It would be a lasting reproach to the State if, under there circumstances, it should exact its forfeiture.” The Judges who concurred with Judge.Hiscock's opinion were Miller, Cuddeback, Chase, Collin and Hogan. After referring to the circumstances of Rosenthal's murder, Judge His- cock first diecusses at considerable length the character of the evidence which was produced against Becker by the prosecution and says thet not-| two withstanding the zealous efforts of the very able Diatrict-Attorney absolutely Lhe no evidence was given on the trial directly tending to conect the defendant with the murder by other than alx witnesses who gave evidence of incrim- inating conversations with him, These witnesses were Luban, Hallen, Rose, Webber, Vallon and Schepps, and concerning them the opinion says: “One of thom, Luban. was produced for the purposeos of the trial by the criminal authorities of a neighboring State, where he was confined in Jail on some conviction or charge whereof the nature does not appear. “After being brought to New York and before going on the stand this witness, in a manner which we cannot but regard suggesitve, was given an opportunity for conference with Rose, the chief witness for the Prosecution and who was immediately to follow him upon tho stand. Their evidence was entirely harmonious. Another witness, Hallen, was a de- generale law ye Whu aloo Wao tinporarily delivered from jail tu be w wile ners. In addition to the impeachmont of their evidence furnished by their characters and by the direct contradiction of other witnesses, much of the testimony of these mon tx, us It seema to us, inherently {mprob- able and tnworthy of belief. ‘Three of the other witnesses were Rose, Webber and Valion, gamblers, Se aaa hae. LD, TUESDAY, FEBRUARY 24, 1014. DECISION Jeweetheart only one ‘night a week. | Bin BECKER Whitman Keeps Silent; Rumors About Gunmen District-Attorney Whitman satd this afternoon after the decision of the Court of Appeals had been received: “T cannot discuss the opinion until I have read it. The Diatrict-Attorney is the Inst person in the world who desires to sce @ conviction stand if it is not justified In law.” No sooner had the news of the reversal of the Becker conviction reeched the Criminal Courts Building than the report became current that at least two of the convicted gunmen will open negotiations at once with the District. Attorney to turn State's evidence, Of course the object. of the acceptance by Mr. Whitman of evidenco from the murderers of Rosenthal would be to strengthen his cage against Becker on a second trial, It is now known that while the gunmen were in the Tombs awaiting trial two of them offered t6 turn State's evidence in consideration of being let off with a sentence of twenty years. In the past month, since it became pretty definitely known that the Court of Appeals would decide in Becker's favor, Charies G. F. Wahle, counsel for the gunmen, has had several con- forences with the District-Attorney. ’ In case the District-Attorney should enter into negotiations with the gunmen Gov. Glynn would have to figure in the proceedings. He has the sole power now to commute the sentences of any or all of the four con- victed gang murderers. ————— $$$ $$, lawbreakers already referred to. Undisputedly they were guilty of the murder of Rosenthal. Soon after it occured thelr complicity in hiring the men who actually killed him was established and there was no question that they had forfeited their lives and were subject to the punishment of death, ‘ | ‘But they claimed that the defendant had instigated them ‘to commit this dreadful crime, and by virtue of this claim they secured from the District-Attorney, with the consent of the Court, as the stipulation recites, ‘an agreement in writing giving immunity to them, conceded murderers, if they would furnish evidence tending to convict Becker, who thus far had only been accused of the crime. “Tho remaining witness was Schepp, also a gambler and law-breaker, and the intimate of and more or less dependent upon Rose. presiding Justice permitted the jury to find that Schepp was not an ac- complice of Rose and the othe: that finding was opposed to the overwhelming weight of the evidence,” pt ne ee ee SESS SOA RE SENTENCED TO VISIT "sci ror ows, | HS SWEETHEART ONLY | ONEEVERY 708 It is hardly probable that Becker will bo released from the quarters Young Forger, Who Spent Money on Her, Is Free of the condemned in Sing Sing and returned to the Tombs before Thurs- on Condition. day. There are formalities of the law to be carried out, ‘The order sending back the record of the case from the Court of Appeals to the Criminal Branch of the Su- breme Court with directions to give Becker a new trial will be served Edward R. Carroll, Deputy ‘k of the Criminal Branch to- morrow, After conferring with the District-Attorney and counsel for the defense, Mr. Carroll will issue a war- rant calling upon Warden Clancy of Sing Sing prison to turn Becker over to the custody of the Sheriff of New ee aty. Ce for Bocker will make ev: effort to get their client out of ‘Sing to-morrow. If the matter is ox- led they m: eed, Henry E. Gibney, @ store clerk of No. 322 State atreet, Brooklyn, was wentenced by County Judge Dike in Brooklyn to-day te spoon with his Gibney pleaded guilty to forgery in the third dogree, getting money on false petty cash expense checks amounting to $60, “The Court ts informod you are in difficulties because you have had your mind on @ young womun rathor than on the interests of your em- ployer, and that the amall sums which | you have obtained have been used in her entertainment, “Wil you promise the court that you will repay to your employer and that until such repayment is made you will visit your yo woman friend only one evening a week?" “t will,” aald young Gibney sheep- department speaks of the world. dition. The cost send a POUND BOX of LO lehly. “ ‘i ” Special for Tuesday. re Hatha te. auepended,” sald /T! srivam MOLASSES HONKY ROCK A young woman in the first row of spectators leaped to Gibney's side. They walked together from the court- room, Onoe outside the door they went into @ clinch, “We will call this the last day of the first week,” said the girl fondly, an she went out of the building cling- ing to his arm. JL SENS KILLED BY SNOW SHOVELLER Melacsce Candy. having o mane eer ee LOC fintah, Suggestion for Tuesd cov; James Henry of No, 74 Third qvenue poked fun at a group of Italian snow shovellers at Third avenuc and As it this afte mn until his teuets infuriated one of the me While the} and therefore not guilty like chem of, 1, the memb ft bel a | ings’ were: ¢ 5 and injurious ¢o the defendant, ft b mes neces-| the murder of Rosenthal, some of embers of the Court believe that tem deli: of yatern delivery of o the Candy is delivered in gocd ¢' of, sending is extremely light MEN ON THE FORCE DISLIKE BECKER BUT GLAD HE WON. i ‘The announcement that Becker was to have a new trial occasioned no surprise in police cireles. It had been expected, , “The force has no use for Becker,” said an old-time official of the de- partment. “We think he let himself be used by various Commissioners for all sorts of dirty work and frame- Ups which got a lot of good men in bud and drove some of them out of the department, “There isn't a doubt that he was to tblame for the Curran investigation and for tho racking which the force has been getting on all sides ever since, but ho certainly was too shrewd a man to put himself in the power of that gang of grafting gamblers and gunmen. I don't think he's got a friend on the force, but at tho same time every one's glad to see him get a new trial. “We felt certain he would, First,! because they mado his lawyer, John Hart, divulge conversations he had had with decker in the capacity of lawyer and client, and second, be- cause Sam Schepps’ testimony was admitted, If that fellow wasn't an accomplice then nobody war. ‘They had no aore right to use his testi- i mouy to corroborate Rose's than to let Rose corroborate Bri y Webber. They were all in it toy as there was anything to be in.” ao = . Have you tasted Yuban? Have you tried it to see how your family likes it? Many Yuban dealers say they have yet to find a cus- tomer who once tries Yuban and does not become an enthusiastic user, See how much your family enjoys drinking this famous coffee. The Arbuckle Guest Coffee poub mail order for the Parcel Post CANDY to all parts received show thet ind in excellent con- ial for For bontril can }80-mile nant RNY Noa DY to any point within a day. N (rT Te Fe * eloquently radius of New York City for 6 cents. othe confection ® FOUND ed wi com Suggestion for Wednesday. SMOOTH JORDAN ALMON Sunny ‘Pleasing “tcl FOUND Box 4 4 29¢ | ment. He di Italian jumped on-e car 4 doben chives from the" East mation tried to learn . iy, but the others ail | Already Low Guilty. Bert B. Andrews, Assistant Post. master at Leonta, N. J., pleaded gullty when he was arraigned in Newark to- charging that smooth when it comes for $340 in: usual $24 rental for the post-office sta. tion, — He pleaded not guilty to these | charges. — SS eee away. 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