The West Virginia News

BECKER REFUSED
CHANGE OF VENUE

Bourke Cockran, Counsel for Ex-
Policeman, Says Whitman In-
spired Press Stories.

GROWDS IN COURT BUILDING

Defense in Rosenthal Murder Case
Moved Before Justice Seabury That
District Attorney Be Adjudged
In Contempt of Court

New York, May 7.—Prompt denial of a change of venue to Former Police Lieutenant Charles Becker, accused of plotting Herman Rosenthal's murder, came from Superior Justice Seabury shortly after court opened, and subsequent to an attempt by Becker's counsel to have District Attorney Whitman declared in contempt of court for having inspired newspaper articles prejudicial to the defendant.

Motion Based on Press Reports.

Cockran's motion was based on newspaper reports that Carl Dresner, a confessed perjurer, had conspired with John Becker, the defendant's brother, in such a way as to prejudice Becker's case. Cockran produced affidavits by newspaper men to support his position and was waxing eloquent when restrained by the court.

Whitman, who then arose to address the court, declared that he had given out nothing improper. He said Becker had had opportunity to give out statements from both the Tombs and from Sing Sing, and that as a matter of fact he had given out such statements, some of which were distinctly prejudicial to the case of the people.

Becker conferred with his lawyers as the talesmen were examined. The chief line of interrogation was to find out whether or not any of the veniremen knew anyone connected with either side of the case, and whether or not they had formed an opinion.

The first juror chosen was P. Meredith Brogden, a bond salesman, who was sworn in as foreman of the jury. Brogden is thirty-two years old, and a bachelor.

The second juror selected was William B. Dalton, an advertising man.

Crowds Jam Court Building.

Crowds of curious men and women jammed the criminal court building for the opening of the second trial of Charles Becker, former police lieutenant and head of the "strong arm" squad, for the murder of the gambler, Herman Rosenthal.

Four men—the gunmen, so called—recently paid for the murder with their lives; but Becker, the alleged instigator, was saved by a ruling of the court of appeals. After months in the death-house he was transferred to the Tombs in this city, out of which he was brought across the Bridge of Sighs for the second battle for his life. The scene of the trial was the criminal branch of the supreme court, the same as at the first trial, but Justice Samuel Seabury presided in place of Justice Goff.

Nearly 100 Witnesses Called.

Nearly 100 witnesses have been subpoenaed by the state and the defense. Many of the witnesses at the last trial have been ignored by the district attorney. It is not believed that Sam Schepps, one of the principal informants at the previous trial, will be called. On the other hand, new witnesses have been discovered, and it has been intimated that several of the witnesses at the first trial will change their testimony.

A chauffeur named Cohen, who testified for the defense, has, according to rumor, come over to the side of the prosecution, and will supplant Schepps as a corroborating witness concerning an alleged meeting between Becker and the conspirators prior to the murder.

It has not been decided whether Becker will take the stand. There were rumors during the first trial and again recently that he desired to testify, but what will be the outcome only progress of the case will disclose.