Newspaper Page Text
2 THE SUN, FRIDAY, OCTOBER 25, 1912.
la i Pi' Jury be allowed to examine the testi mony taken at Hot Springs." Justice Qoff said simply: "I deny the request." Then It seemed perfectly evident that the best the defence hnd hoped for after alt was the Inability of twelve men to agree on guilt. The minor surprise of the night was dwarfed by the compelling one of the verdict Itself and tho degreo of murder which It specified. This waa the fact thai the Jury had announced to no one unless It was a private message to tho Justice that they had reached a verdict Before they took their scats tho understanding was that they had come back to the court to ask for further In structions. That was the understanding that Mr. Whitman and Mr. Moss had and that was the word that had reached the Becker lawyers. The District At torney and his assistants were convers ing In the former's private office at 11:4 P. M. when they got word that the Jurors wanted more Instructions. Verdict Not expected. "Justice Goff has been sent for," said Mr. 'Whitman, "and will lie here In a few minutes. Haven't tho slightest Idea what the Jury seeks Information about now. It looks more like a dis agreement than ever." With Frank Moss Mr. Whitman darted Into the elevator and was taken to the first floor of the court house. Ho ABOUT YOUR EYEGLASSES One can't afford to take chance. Give your eyes the best to be had and they will reciprocate with equally good service. - Our establishments are monuments to careful, painstaking, scientific and successful handling of the most difficult eyeglass problems. The eyeglass wearers' Mecca: Fifth Ave. -27th St. 237 FIFTH AVENUE (27th St.) 125 WEST 42nd ST. (Nr. B'way) 650 MADISON AVE. (Cr. COth St.) 114 EAST 23rd ST. (4th Avenue) 2SS LIVINGSTON ST. (Brooklyn) New York OPTICIAN la Oil Bead St. Its aerlfe Jurors one by one Harold D. Skinner, Robert C. Purcell, John D. Hardy and on down the list until the twelve had reported Individually their verdict. "Is this your verdict?" was Mr. car- roll's question to each man. "It Is," was the answer from first to last without tho slightest hesitation. There was no pause, no wavering, no reluctance displayed by any one of the twelve when It camo to tho recording of his personal decision. Lieut. Becker had suffered several rushed into tho court room and took ordeals throughout the trial. One of his seat Just as Mr. -Mclntyre and Mr. Hart arrived. Justice Goff appeared al most at the same time, but even then there was not a hint that the Jury was coming In for the last time. ' Lieut. Becker was brought from tho Sheriff's office on tho third floor of the building, where he had been confi' dently whlllnc away the time. Escorted by a Deputy Sheriff he was taken to the bar of the court. Then It was that tho onlookers realized that tho verdict waa imminent There was some noise and contusion at that time, which was 11:65 P. M. There was a scuffling of feet, a scraping of chairs and a subdued murmur of voices as men whoso business It was to get the news for tho world settled Into their chairs. The slight disturbance, magnified by the gravity of the occasion, annoyed the Justice. Ho looked up sternly and addressed the captain of ithe court room squad. "If any one creates a disturbance In this court room," said Justice Qoff, "bring that man bofore me." The silence that fell after this nd- these was when Mrs. Rosenthal testified that Becker nt tho Klks Club had thrown his arm around her husbands shoulder and had told him that every thing "would bo all right." Another time was when Mr. Mcln- tyro appealed to tho Jury not to de prive the defendant of homo and wife. And still another time was when tho charge of the court Itself had put him In tho most desperate light. Rut alt of these situations were as nothing compared to the moment when "Guilty" sprang from the Hps of tho foreman and the eyes of every man In the court room turned squarely on the man standing nt the bar. Persons who were near nnd who watched him closely saw that not a muscle In his body moved save for a contraction of tho throat. Ho was swullowlns hard. Dr.cker Seems to Age. In a moment his face, set and rigid as It was, seemed to take on age. And that curious grayness overspread him. Directed by the court he braced himself to answer the formal questions that are required by law to be put to a convicted monition, and order was (thcrec)fccr I man. A young court officer approached unbroken until tho clerk of tho court .addressed himself to Foreman Skln- . - .U 4..... At tho first words of Edward It. Carroll, special Deputy Clerk of the county of New York, John F. Mcln tyre raised himself over the counsel table to make his last fight In this trial for his client. It waa then that Mr. Mclntyre requested that tho Jurors have an opportunity to scan the Hot Sprlr.lrs testimony bearing on the complicity or non-compllclty of Sam Schepps. Schepps the Tarnlaa Point. There, as It came out, was the turn Ins point of the whole case. Earlier in the night the Jury had requested the privilege of reading that testimony. Mr. Mclntyre had objected on the ground that all of it had not been admitted In evidence. He asked Justice Goff to send to the Jury only such parts of the Hot Bprmgs record as had been read in evi dencc parts favorable to Becker. This request was opposed by the District At torney, who was supported by the court Tho Jury immediately wanted to know which side had refused to submit the Hot Springs testimony, but Justice Goff declined to give them that Information. His request denied at the last mo ment, Mr. Mclntyre sank back Into his chair. Clerk Carroll turned again to Foreman Skinner. There was a pause of several seconds, One had time to survey the twelve men who had entered with a bearing and with an expression of face that showed the stress through which they had passed. Mr. Skinner, foreman, who had smiled frequently on previous days, sat tern and immovable. Mr. Warren, Juror No. fj, who also toad been readytwlth his smiles and who had been the very picture of amla blllty and good nature, sat with a faco ilke stone. Mr. Fcllhelmer, No. 11, who Js naturally ruddy of complexion, was deadly pale. The tweirtn juror, Mr, Haas, a rotund, blue eyed, kindly gentle him for that purpose. The officer told him to hold up his right hand. Becker did so. He was sworn and the questions were put. To the first one or two he replied In a firm enough voice, a voice clearly audible In all parts of the room. But his vocal chords failed him finally and he spoke In a husky whisper Inaudible more than a few feet from where he stood. He said that he was 42; an American of German parentage; that he lived at 3239 Ollnvllle avenue, The Bronx: that he waa a Lieutenant of police: that he was married: that his mother was Hv Ing, and that he had not been convicted previously of a crime, Justice Goff, always austere, ana wno showed a graver mien than had marked him previously, turned to the defendant and his counsel. Have you any requests to make be fore sentence Is pronounced?" the court Inquired, Becker said nothing. He did not even glance at his counsel. Mr. Mclntyre was up In a moment with a request that sentence be deferred until he had had a chance to prepare certain motions and to deliberate on other action In behair of his client. He asked for a week's delay. Justice Goft pondered momentarily. "I will derfer sentence until next Wednesday, October 30," he said. Mr. Mclntyre was about to Inter posed an objection but Justice Goff quickly forbade It. Remand tho prisoner to the Tombs, he said and tho Deputy Sheriff led Becker out of the court room. As he passed toward the prison he caught sight of his wife In the poorly lighted hallway of the third floor. The side lights of the hall threw his face In re lief as he turned to enter the Bridge of Sighs. A voice hailed him and ho turned and saw his wife. No word was spoken. but ho threw kisses nrnln and again over the well of the court to he woman nibble during the midnight hours and later. Verdict "peaks for Itself. District Attorney 'Whitman and As sistant District Attorney Moss after bidding Justlco Goff good-nlght In his Schcpp(, hnd wrtten to Hoge, cnamoers went up to air. wnumnns Veterans about tho Criminal Courts office. Tho newspaper men sought the niilldlnir nrcuort Hint Hnm Schenns wns two prosecuting officers there nnd asked mnklnB B00(1 n8 llot gr,rnBS assertion tho District Attorney for some cxprcs- tnat ho would be tno "keynote of the the chairs, a table and a carpet. Writ ing materials were furnished of course. The door was locked and guarded by court policemen. No one not a mem ber of the court squad was allowed to penetrate to any spot, near the room. It was forty-five minutes before any thing was heard from thc men who were deliberating. Then through their fore man and Capt. Lynch they sent a re- i quest for exhibits In tho case. Justlco Goff conferred briefly with District At torney Whitman, Mr.' Mclntyre and Mr. Hart. Tho exhibits requested, reports made by Becker to tho Police Commis sioner, wcro sent to the Jury room. Send for Itovc'a Confession. Toward 6 P. M., after they had been out nearly two hours, there was a re quest for moro exhibits. This time tho Jury wanted tho confession, or state ment, that Jack nose had made to the District ' Attorney, tho document In which Roso told the wholo story of his relations with Becker and In which he specified grafting operations on Becker's part. Later thc Jury sent for the letter that Itose had written to Schepps at Hot Springs nnd for the letter that Getting Down to Brass Tacks slon of opinion on the verdict. The statement was not forthcoming. The verdict speaks for itself," Mr. Whitman said. "I havo absolutely nothing to say." caso' when shortly afterward the jury sent out n request for nil thc testimony tnken by special commissioner at Hot Springs. The attorneys on both sides Immediately went Into conference with "Wo shall continue tho trials of the justice Goff, ns n result of which It waa murderers of Herman Rosenthal," Mr. Whitman said later, "as soon ns possible. As for trlnls that are more or less asso ciated with the Rosenthal affair, the trial of Red Phil Davidson for the mur dor of Big Jack Zellg will come up first. Davidson's trial Is set for next Wednes day before Justice Goff. But wo shall place tho four gun men. Gyp, Iefty, Whltey and Dago Frank, on trial as soon ns possible. They have asked for separate trials and will be tried separately." "W ould you express any opinion, Mr. Whitman wns usked, "ns to whether or not the verdict of to-night will cause Lefty or any of the other gunmen to confess?' I nm sure I don't know," the Dis trict Attorney nnswercd. When naked whether or not thc many murder trials to follow will cause a. ces sation temporarily of the John Doe graft Investigation Mr. Whitman said ho could not answer positively, but he gave It ns his opinion that the murder trials would seriously break In on the John Doe In quiry. The extraordinary session, he said, had been called primarily to take care of the murder trials growing out of the killing of Rosenthal so that thc trials would not be delayed by the regu lar calendar. Thc trials of the four gunmen nnd the others therefore will have precedence over the graft Investigation. 10 HIS is thc "brass tack" age in business. Thc manufac turer or jobber who doesn't dig and no one was allowed to follow them, while lines of policemen on the street kept away all persons from the front and sides of the line. The efforts of newspaper men to get from tho Jurymen any statement re garding what occurred In tho Jury room were met with refusal to say anything about thc deliberations. Harold B. Skin ner, foreman of tho Jury, said that the Jurors had been particularly Instructed by justice Goff not to discuss tho caso In any way after the verdict or to give any inkling of what had been said and the case. into the hard j done by them In their consideration of facts of his busi ness will likely go broke. A rapidly growing number of success ful manufacturers and Jobbers are locat ing (heir plants In BUSH TERMINAL. They more there as result of a "brass lack" inrcstigstlon of orerhcad costs. Wouldn't It be a good Ides to see how your present costs snd facilities figure out In comparison with what you ran purchase In this wonderful new In dustrial city? Wc shall be glad to furnish complete information on request. Bush Terminal Co. General Offices: 100 Broad Street, New York City First Ituraor at It o'clock. At 11 o'clock a .rumor, which had reported that the request was refused. Mr. Mclntyre inter explained that when the Jury asked for tho testimony he had been In favor of sending every thing that had been admitted In evi dence on the subject. Tho District Attorney opposed this and thc Justice sustained him. "The Jury then sent out a request to know who had objected to their receiv ing the documents asked for," 'Mr., Mc lntyre added. "Justice Goff declined to tell them. Nothing was sent In." At one time the Jury sent In a re quest for the stipulations between the District Attorney and .Inck Rose, Harry Vallon, Brldgle Webber and Sam Schepps. They were sent In. l.onc Deliberation Apparent. It was apparent then that It would be hours before n verdict could be returned. The Jury was settling down obviously to n careful and deliberate weighing of tho evidence. A notion got around that this indicated n disagreement. Tho police men stationed In the court house were strongly of this opinion. They were willing to bet even money that the Jury would not agree. But the District At torney was ns apparently confident that a conviction would result ns ho ever had bscn. Mr. Mclntyre wns basing his hopes on a disagreement, having given up by that time any Idea that the ver dict would be not guilty. At 6:30 P. M. Justice Goff. having ascertained from the Jury that their sitting promised to be long drawn out floated past court officers guarding the and that they would like to havo din man. 'whose pleasant qualities have been leaned n lhe ra!ll,,S VVOslc. very much In evidence, was pernaps the most disturbed of all. so tar as out- Decisive nnllots. .Ward Indications went. The Jury took three decisive ballots In That Juror's hair was rumpled. Dark all during their deliberations. The first circles had formed under his eyes and poll showed that eight were for convtc the kindly set of his face had hardened, tlon In the first degree nnd four for con Man for man, asone glanced down the vlctlon for murder In the second degree, double row, the Becker Jurors looke'd The Jurors stood ranged on either side like men who had done something that In these respective numbers vdurlng a It hurt them to tho vcryijioul to do, but course then of several polls. At no time .which they believed haato be dona, did they consider acquittal or even man And It developed later there was truth slaughter. The majority at all times la this estimate. held out for conviction In tho first de- All Question of Decree. ST". wlth the opposition for second do- ... , . . gree always, but weakening steadily. At no time In the nearly eight hours poH Up po hnd becn taken whon of deliberation had there been a ques- thwo WM a(ram a Ieng.thy deliberation tlon aa to Becker's guilt. The matter Bm, argument, Then the jury was that taxed their hearts and Intelligence po,Ie(1 ngan Th0 vote now Bhowed waa the degree whether they should that ten were for convlctlon tn the flrBt find a verdict that might mean death or deme and two for conviction In tho Jury room nnd double lines of police men guarding the court officers, hod It that the Jury then stood eleven to one for conviction. The lono Juror was named as No. I, Robert C. Purcell. a dealer In chemicals, married, and living at 689 West 178th street. The prosecu tion was not surprised at this report, which was of course without confirma tion. Mr. Purcell's attitude In the clos ing days of thc trial was thought to In dicate that he did not wholly believe the witnesses of tho defence. There were fewer reports and rumors flying about the court building last night than the veterans could remem- ber In any celebrated murder trial. It was virtually Impossible for any person to approach the furthest outside guard around the Jury roQm for gossip. Around the court guards wcro the po licemen. Thero wpre no passes through the lines. Anything that did come had to be passed on by many mouths. Ilnlnellkc Jury Itetlrrs. When Lieut. Becker's Jury retired nt 2:20 P. M. not a man, save themselves had the faintest Idea of what was In their minds of which way they tended toward acquittal or conviction or In ability to agree on cither. A remark ably good looking, intelligent, ntton tlvo and businesslike collection of citi zens, they had listened with equal caro to tho caso for the defence and tho enso for thc State, and they had not shown by the expression of their faces or a movement of their bodies how they were Impressed by tno charge they received from the court. Their first business was lunch They wcro hungry men and did not want to sit down to long deliberation without lunch. The foreman. Harold B. Skinner, had obtained permission from tho court for the Jury to no as usual to the Murray Hill Hotel and to spend an hour and a half at tho midday meai. Tho request was granted nnd Jus tlco Goff nnd the Jurors were escorted by Capt Lynch and his squad of court policemen to tho big sightseeing auto mobile that has becn their carryall since the trial began. They were a serious twelve as they ncr, whjch was sent to mem, leri mo court house to get his own dinner nnd to keep an engagement uptown. Ho gave Instructions thnt ho bo summoned by phone If there seemed to bo a pros pect that the Jury was reaching a con elusion. Mr. Mclntyre nnd his nsso elate counsel for the defence went to Pontln s In Franklin street to get din tho six lights gleaming faintly from the second floor. Tho men who were de liberating over the evidence passed In shadow behind them. A mnn In a soft hat and smoking a pipe was approached by another. They talked for a moment or two, then sepa rated to talk with others. Tho effect of the silent figures was not lost on thoso who watched and gradually tho groups became a mass and the police came to disperse them. Lafayette and Centro streets- held curious crowds and as they moved slowly up and down necks were craned nt White street to get glimpses of the Jury room windows. The talk was quiet, and as thc policemen waved them on the people made no replies or objection. Thoso privileged to pass through police lines stood In the shadow of n nre house on the opposite side of White street observing intently every movement of any of the twelve men silhouetted against the panes, Hv 10 o'clock those who had lingered In Infayette and Centre streets earlier In the evening began to thin away and the police relaxed In their efforts to keep the curious out, of White street. They were staridlng ,two deep on tho curb opposlto the Criminal Courts Building. The rain had not yet dried away from the pavement 'and the moon f.ime out to light up the place with hazy beams. No untoward sounds dls turbed the general quietness or dls pelted the atmosphere of tenseness. Becker Seen at the Window. Then some one noticed at a barred window above the Jury room the figure of a man seated. Ho wore a, derby hat nnd when the faint light behind him ner nnd the District Attorney nnd Mr. , was Just right It could be seen thnt he verdict that might mean life Im prisonment. Not one man of the twelve looked then toward Lieut Becker. Every pair of eyes waa turned toward the clerk of the court. Becker, standing easily, with his hands clasped on the railing In front of him. surveyed tne second. With the sides now so divided again there were several ballots taken, which always resulted in ten for first and two for second degree verdicts. The longest debate and deliberation of the evening then began. And as midnight was approaching It becomo evident that tho two who kad been Moss also deserted the field temporarily. Decker ConBilent of Acquittal, J Becker meanwhile was having dinner In tho Tombs. He was telling his friends that the verdict "would be acquit tal sure, and that the long deliberation meant nothing but acquittal In the end. Mrs. Becker went with Lieut. John Becker, her husband's brother, and with other friends to get dinner. She said she 'wasn't hungry, but that tho thno had to be passed somehow. The court room, which In the after noon had becn crowded with busy news paper men nnd women and with per sons who were Interested one way or another In tho case, was deserted by 6 P. M. But In the corridors perhaps 200 peoplo waited eagerly for the first hint that tho Jury was coming In. After dinner time the crowds near the Tombs nnd the Criminal Courts Build ing increased In size. Tho police had trouble keeping them In orderly lines. Hundreds gathered to look up toward the Bridge of Sighs, hoping to get a glimpse of Becker as he passed through the covered link between court house and prison. Inside the court house and out peoplo vere displaying a tensity of feeling that develops only In tho last hours of a great trial. The most foolish rumors sent scores hurrying this way nnd thut. Newsboys who cried fraudulently Becker found guilty! were surrounded by the gullible. Thc talk was all of one thing: "What kind of n verdict will It bo?" "Does It look now like n disagreement?" At 9 o'clock, after the jury had been out five hours, thero was no lessening, of tho strain that affected practically everybody. In tho morning and the afternoon, be fore the caso had passed into the hands picked up their coats and hats and of the Jury, the court room was crowded. filed out of the court room, on pre vious days they had Joked or laughed a little over some bit of humor known only to themselves. Usually the fore man. Mr. Skinner, had waited a mo ment for Juror No. 11, Mr. Fcllhelmer. Policemen barred hundreds from the doors. There was no room for a tenth p the people' who wanted to hear the charge to the Jury. The gaze of the 300 or moro who were In the court room and who watched closely Lieut. Becker's Jurors crtlcally, but with no apparent holding out for conviction In the sec apprehension. omj degree had decided to Join their "Gentlemen of the jury," said Mr. f-u. Thr. flnnl -nnl wis tnkon nnd Carroll In the quietest and evenest of a verdct ot guilty In tho first degree tones, -nave you agreea upon a vcr- was obtained. diet?" The three imnortant ballots here told "We have," was the response of tholnf dntnll do not include, as hns been foreman In a steady voice. said, all the balloting of the night. Bnl- "Is It guilty or not guilty?" was tho Iot after bailot waa caHt vcry steadily. next question. I with Interruptions for argument, while "Guilty as charged In the Indictment ihB crowd in the street below could see murder In the first degree," said Mr. the black shadows of the Jurymen pne- Skinner slowly. nff past the ground glnss, showing thnt The hands of the big clock at the the twelve were physically as well as west end of tho court room pointed then mentally active. And when thc flnnl to 11:57 P. M. For perhaps n quarter verdict was reached tho Jury sent out of a minute there was no other sound wrd only thnt they "wanted Instruc tion the deep breathing of the crowd In tlons." the court room. Then Mr. Mclntyre stood up, his hnnd shaking as It rested on tho table before him, his voice unsteady and his whole uanner expressive of tho disappoint ment he had suffered, and addressed the court. "If your Honor will permit m he began. "Mr. Mclntyre," said Justice Goff gravely, "there Is nothing to be said." "But, your Honor," persisted tho law yer, "I would llkn to submit tn you, I Insist upon submitting to you, a written communication that has been received since the Jury retired." Knew It. Snya Meeker. "I knew they were ngnlnst me," Becker said to tho deputies ns he was being led back to his old roll In the Tombs. "They wero pale anil I knew It was nil off, I'm sorry they brought that verdict In. I'm sorry they illd it," About 7:30 o'clock tho Jurors broke tho monotony of balloting, argument and sending for Instructions by ordering n basket of sandwiches, From the nu.n her of sandwiches the twelve men nsked to havo sent In to them It was gathered thnt they wero prepared to work nnd eat for many hours to come. And when, I will not receive It," said Justice soon after the basket was turned over Goff shortly. "Take your seat!" "I demand the poll of the Jury," said Mr. Mclntyre. Clerk Carroll read the names of the to them they sent It out again, thero were no sandwiches left In It. They had divided the food and evidently were holding what they didn't want then to They seem to have become particular face and movements as the Justice deliv ered a cnarge tnat was unquestionaDiy a blow to the defence, was the worst ordeal that the defendant has had to endure since the trial began. It was apparent thut ho knew ho was being scrutinized. He held himself rigidly under control. Now and then his black eyes glowed with anger. Now and then he passed hh hand over his mouth to conceal some friends since they met on Jury duty. But yesterday thero wero no Jokes, no smiles, no pauses, iney went soberly and with their eyes fixed straight nhead. Not ono of them looked toward Lieut. Becker. None of them took nny notice of Mrs. Becker, who was sitting not far from tho Jury box and at tho wcro glasses. The man was Lieut, Becker. He sat calmly waiting tho ver dict of the men who were deciding his fate. He was there for an hour before It was observed that he was becoming restless. He got up and after that could be seen walking slowly back and forth. At the snme time the activities of the twelve men In the room under him np peared to cease. Fewer figures appeare 1 In shadow nt the windows and It looked to those outside as If the Jurymen werj getting nearer to a decision. Suddenly a raucous voice spilt the air and notwithstanding the chugging of nn automobile one caught the words: "We nre now passing under thc Bridge of Highs, over which the accused pass every day to the Rosenthal trial." That was hardly over when a big sightseeing car, tilled with men and v.omcn that had been seeing the outslda mysteries of Chinatown, came up La fayette street. "And now," megaphoned the man on tho front seat, "we nre passing the 'Criminal Courts Building, where Lieut. Charles Becker Is being tried for the murder of Harman Rosenthal. That room on the fnr corner, where the lights arc, Is the court room. Next to It Is the Jury room." And the big car rolled on out of sight and hearing. Except for tho lights In the court room, the Jury room nnd that which gleamed through the bars where Becker sat tho big building wai dark and gloomy. Inside thc reporters nnd po licemen lounged about. Court atten dants snt on benches nnd nte sand wiches, keeping an eye out for nny one who might nppronch the jury room Within the court room a few attendants lingered. On the floor above before the door of the room In which Lieut. Becker was stood Deputy Sheriff Hanegan. With n-Vftr vr. hln wlfA. hl two hrothera and the newspaper man who was' with I htm when he went to Madison Square uaraen to see a nsni me mgiii ueioro Rosenthal was killed. When an atten dant came to the door and spoke' to Hanegan one caught a glimpse of the accused policeman. He had his arm about his wife. GOFFS CHARGE TO THE JURY. Many Exceptions by Becker's Law yers. Who Call It Unfair. Justice Goff's charge was a shock to tho defence. In effect It expressed a doubt that Jack Rose could have In vented such a story as he told against Lieut. Becker, and declared thero was no evidence to show that Sam Schepps was an accomplice. The Justice was particular In Instruct ing tho Jury that Becker was not called upon to prove his lnnoccnccnnd that If there was a reasonable doubt of his guilt the verdict must be acquittal. But the features of 'his long address were his statement that the Jury must take Into consideration whether or pot Rose was capable of weaving such a story as would withstand seven hours of cross examination, and thc statement that there was so much of a doubt In his mind as to whether or not Schepps was an accomplice thnt he would refuse to link Schepps with Rose, Vallon and Webber, the undoubted accomplices. Justice Goff Bald concerning Rose: To n largo extent you will depend In your rendering of a verdict on the truth or falsity of Hoses testimony. You must use your own personal Impressions as to whether he should bo given full credence or not. You must also take into consideration his demeanor, whether it was friendly or hos tile: consider his frankness or suppression, the consistency of his narrative and his ability to withstand the rigid snd thorough crons-examlnnt Ion. Then too you must consider his surround ings, his life, his companions and his bus! neon. And you have the right to as'.c your selves whether his story is true or not. In this connection you must consider whether his mental faculty is capable of weaving such a story. If you do not liellove the testimony of Jack Hose, if you do not accept it as the truth, you must acquit the de fendant. Charge Unfair. Says Becker. Lieut. Becker and his lawyers furl ously denounced tho charge as unfair and as a virtual direction to the Jury to convict the defendant. After the Jus tice and the Jury left the court room Becker stood up In court and said loudly: "That charge was absolutely unfair. It was one sided. It was not a charge, but a summing up for the State. He might as well have told the jury to find me guilty." Mrs. Becker was so upset, by the charge that her composure was shaken. Sho told her friends: "What could any fair minded person say about such a charge? Why, the Judge scarcely mentioned the witnesses for the defence, but he spent hours try ing to make Rose and the whole vile set out as Jionest men. It was not Justice." John F. Mclntyre, Becker's chief coun sel, was bitterly disappointed. He had hardly expected that Justice Goff would charge that Schepps was an accomplice, but he was unprepared for the emphatic statement by the court that there was no evidence to show that Schepps waa an accomplice. And the Justice's In structions concerning Rose aroused Mr. Mclntyre's Ire still more. "Why the charge was practically an Instruction to find Becker guilty," he said. "No man could make anything else out of It." After the charge Mr. Mclntyre gavo up hope of getting a verdict of acquittal. He had builded largely on his efforts to show that Schepps was as much of a murderer ns Roso or the other Inform ers, and that Rose had told a series of clever lies. Mr. Mclntyre believed that the charge went far toward destroying whatever Impressions of that sort ho had been able to instil In tho minds of the Jurors. When the Jury retired Mr. Mc lntyre was hardly looking for them to como back with nny report more favor able for Becker than an announcement that they couldn't agree. Another strong point for the State In Justlco Goff's charge was that thc Jury need not consider by whoso hnnd Rosen thal was killed If It believed that the murder was the result of Instructions given by Becker. Justice Goff told the Jury also that It could disregard the testimony as to Becker's good reputa tion, since a good reputation was no de fence In a criminal case. Tho course taken by Justice Goft In reading to tho Jury the skeleton of the State's case was assailed by tho Becker lawyers. But Justlco Goff asked Mr. Mclntyre If he had a skeleton of the New Year's Day means thc transfer of thc old book-ledger accounts. Abandon the old method and you'll eliminate for ever the yearly transfer. A loose-leaf ledger is a &ep in advance, but the L. B. card ledger is the final step in modern book keeping. Ask us for more facts. Library Bureau XuilMlirlai Ottrltitan tf tut m4 lilai Tt1al OStf, Ulrlrv LI 4 tuk tlfn.ii tfa'i fcN u4 iltnf ttMaMl ti vM e4 316 Broadway, New York tkm. IMt Went. S.U.romt In ir.tiag dilM ta t'nlt.4 SUM. Ctntt. GrMt Britain antf Franca. caso for tho defence, saying that hi ' would read It. Mr. Mclntyre had none. Charge Almost I'our Honrs l,oag, It required altogether 3 hours and SS minutes to deliver the charge and the additional Instructions asked for by Mr. Mclntyro and to note thc scores nt . ceptlons taken by counsel tor the de fence. Justlce'Goff told the Jury that mur. der was defined as of three degrees. Ha. continued: It Is not necessary In this case to go Into an extensive discussion of the evident of premeditation. The defendant eipreiserf his desire to have Rosenthal killed and on several occasions after the first occasion repeated it to several persons. The killlnc took place on the lfltli of July. If you com to the conclusion that Decker ukl Instruct men to kill, that constitutes murder in the first degree. Those who were listening to the chargo turned often to glance at the defendant or at his wife. Becker was bent over the table most of the time, cupping his left ear with his hand In order to hear better. When Becker didn't like parts of the charge he turned to his lawyers with whispered com ment. Sometimes there was a flash ot anger In his eyes. Mrs. Becker was drawing pictures of flowers on a pad of paper she held In her lap. But the drawing was entirely mechanical. It Is doubtful tf she knew what she was doing. Her Cace was more expressive than her husband's. Waves of anger passed over It when the Judg) emphasized the strong points of the, ' State's case. ); Continuing Justice Goff added this summary of the points: If it be true that Becker gave to Hoe such Instructtons'tto hnvo Rosenthal k tiled I Instruct you that Recker constituted Roe his arent: whatever Rose did. Becker In the eyes of the law did. In other words Becker selected Rose ns his instrument and every thing Rose did Rocker did. If you are satisfied that Becker Instructed and directed Rose It it immaterial by what hands Rosenthal was killed so long ns ha was killed by the instruction of Becker. In considering the People case there art theso threo points'. First. Decker told Rose he wanted to have Rosenthal killed. Second, that Rose employed certain rtr sons to execute those Instructions. Third, that those persons killed Rosenthal In pursuance of the orders received from Rose. Vpon that rests the prosecution's rate, and you must be satisfied that the prosecu tion has proved that. Then Justice Goff retold the story o the crime, Including every telling bit of evidence, direct or circumstantial, that hnd appeared against Becker. He continued with the statement that the movements of the defendant on the night of the murder were Important nnd that the absence ot Becker from the scene of tho murder made no difference In estimating his guilt or Innocence. Then ho spoke thus of Schepps: There Is a question about Bchepps twins sn accomplice. I charge you that Roas, Vallon and Webber are accomplices oa their own admission. In regard to Scheppi I must say that I am In doubt. There are difficult facts and circumstances to make It possible for you to determine. If my reepllectlon serves me right, there is no direct testimony before us that Scheppa had any knowledge of the crime, or that he took any part in it. His relations with the men lead to suspicion. Can't Fix Btataa af Behrptw. So far as the evidence, toes. I see nothing that would Justify me to rule on the status of Schepps. He associated with the accom- Continued on Third Page. I FOUNDED 18561 entranco to tho hall of tho Judgo's expression. And occasionally he turned to tus lawyers with nn auclime protest or comment on tho Justice's remarks. But ho bore himself more certainly than on some previous days. when the Jury retired Becker stood up cnlmly to look them over. His eyc.i passed ocr tho fnco of every mnn of tho twelve. Ills glanco was shrewd, appraising, thoughtful. Ho stood look ing nt them with folded arms. They luld no attention to him. After court hnd taken tho recess at chambers. The Imminence of their duty had obviously given them a new gravity of bearing. No niaruanlon nt I.unrli At lunch nt the Murray Hill they did not discuss the trial. There wns no mention made of the Justice')) charge. They talked about matters fnr apnrt fr.om the grnvo business on which they wero engaged. Attended by Cant. I.vnch nnd members of the court sound, they nto their luncheon in their z:zu i: m. uisinci unrney wnuraan private dining room nt the hotel, was oskcu wnnt tno pians or nis omco Thov were nerm ttrdto clnnco nt nowi- wero in mo event tnai uccuer wns nniiers from which had been clipped nil acquitted articles concerning the trlnl or bear- "huppo.'o thero Is a verdict of acquit- lit; on It. Their newpapers wero tnl. what will you ilo? Will Becker bo nrresicci nn mo exionion marges; "No Indictment for extortion has been found against him yet," snld Mr, Whit man. "He would bn permitted to lenvo tho court room. I don't think hn would ro fnr no further than I'ollco Headquarters." Measengers From Gambling Dens. In sharp contrast to the appearance of the Criminal Courts Building was tho Tombs. lights gleamed from the win dows of the tiers rising one above the other and cast their rays far down Into Centre Btreet. Hero and thero in. the doorwnys on tho opposite side of thnt thoroughfare one camo across slouching figures with sinister faces, messengers of East Side gambling houses, ready to carry tho news back to tho stuffy saloons and back, rooms or the underworld. In tho Tombs the four gunmen paced their cells and Inquired eagerly for any crap of Information. They appeared, Deputy Warden McLean said, to be very much excited. pretty well shredded when Capt. Lynch got through with his shearing, hut It was the order of the court. The stock market, the big Items of domes tic nnd lnrnl news, tho war In tho Balkans nil theso thlnvs wcro ginned nt, but ycstonluy, ns on tho day be fore, tho Jurors hnd to be their own news Fourrcs ho far ns tho trial was concerned. They returned to the Criminal Courts Building at 4 I M. and went at once to the Jury room, which Is only a few step from the court room. The only furniture of the Jury room are f'runil Watrli Lighted Windows, Tho ordinary dulled glass windows of tho Jury room on the north side of the Criminal Courts Building seemed to fas. clnato tho crowds that lingered about In the early evening. Here and thero group formed and eye were turned to BROKBROTHERS MENS A BOYS CLOTHING.HATS & FURNISHINGS Thc second season holds no terrors for the man who wears our Clothes. Our Suits and Overcoats retain their original good looks, shapeliness and style' throughout continual hard wear. Our reliable materials and careful tailoring arc a guarantee of lasting satisfaction. Fall Suits $18 to $50 Fall Overcoats $16 to $42 f Astor Place &l Fourth Avenue SUaWAY AT THC DOOR-ONE BLOCK FROM ROADWAY NO WORD BEYOND VERDICT. Jnrora Instructed ta Give Ho Ink' ling as to Deliberations. Extraordinary precautions were taken to prevent the Jurors from being ap proached ob they left the court room ond tho Criminal Courts Building. Capt. TIcrney of the Kllzabeth street station was on hand with twenty-five policemen In uniform. Justlco Ooff, os soon as ho arrived at tho courts building, established tho strictest regulations regnrdtng entry to tho court room. No one without the necessary credentials was allowed to enter nnd the corridors of the building wcib nrjii iree 01 nangers on, fi NON-PARTISAN COURT OF APPEALS JOB. E. HEDIES LAWYERS' COMMITTEE E. W. Harris, Secretary Milton M. Goldsmith .lablsh Holmes L'hnsc Mellon Beverly It. Robinson Assistant Secretaries Delos McCurtly, Chairman M. Idnn Ilrucu Joseph II. Chonto William N. Cohen Austen !. Vox IMwnrd W. Ilntih Honorary l'residenta. KXKCUTIVK COMMITTEE. .lames M. Heck Martin Saxo rh"rl,'i..K'JIUe5i,Mre Wllllnm H. Helmet Felix Jellenlk .lumcs 11. tohefflew Matthew C. Fleming Henry W. Taft Mrb?rt Ji' J!Vw nartion Louis Marshall tieome W. Zabrlikle Charles Stewart Members of the bar. City of New York, desiring to add their name to the enrou a ..il.... i. u. ,1.. ..nuu ill r,1au entnmunlcate WIM) After the verdict had been aiven th. ' S"n5 "r'""'"uvo lu v" -....v ailaKSl W. HARitif, Esq., M WUIIam Strut, Nw York City .4 l l