The sun. [volume], October 25, 1912, Page 2, Image 2

About The sun. [volume] (New York [N.Y.]) 1833-1916

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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
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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
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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
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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
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