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Mck*_^_*-rriTj'tcn->' aa tnstigntnr of the
murder of Roaenthal ln support of the
prosecution'* contentlon of Recker's
It developed thnt the l-uhans. or at
least Jacob, had been ln . oinmunica
tlon wHh c<ruhM for thw defem". 'ind
Mr. MelnByre, -Becker'* chief counsel,
aeemlngly had expswted that the broth?
ers *-e/*uJ** b* important witnesses for
Aecortll*r*f fo Recker's lawyers the
brotherB bad communlcated with thf m.
and said they eould testify to ronversa
tionB thsy had overheard hotveen Rf.se
and otiter alleged accompllces Indl
eatlnf' that it was intcndcd to make
away wlth Roaenthal and "frame up"
the murder on Pecker.
Mofrje positiyely denied thls under
rroBB-examinajtion hy Mr. Mclfetyre,
and it came ns url unpleasant BU**J*"*iae,
to say the least. to the del'en.-e wh< n
ha testlfled par the proeecution that he
had ovtrhaax. Becker say to Rok.- ln
the Ibafajette Baths. at N'o. 405 Lafay
ette atreet, ?_ few days before Rosen?
thal was slaln:
"If tttat '- Rosenthal is not
croaked I wlll do lt myself."
Subpcenaed by Both.Sides.
Jacob was subpa*nH?vl as a wltness
fog the defence wlyen Jie appeared ln
thi Crlmiaal Couris Building yester
6ny. He, like his brother. Ib alBo* un?
der a?*-r**<-na aa a wltness for the
prosecu^on. HIb testlmony ls yet to
be heard.' Justice <?off refused ln court
to direct a sub-K-Hia to be served on
Morris at the request of Mr. Mclntyre,
but he. did instruct the witness (Mor?
rla) not to dlscusv hls testimony with
his brother or any one else after he
hgd glven his damaging evidence
against the defendant.
M-wris Luban was the third and last
witnaas called by the prosecution dur?
ing a day of sensations. Lieutenant
Becker apparently was laboring under
a great nervous strain during the t>-s
timony of Luban. He whispered ex
titedly at Intervals to his counsel, Mr
Hart, who sat beside him. and wntched
tbe/wltsees the roM tt tno tim<* with "*
glum and serious countenai
After the close of court for the day
Becker endeavored to mitigate thi < '
feot of the testimony of the dark t.at
ured Luban. He laughingly sall he
had never seen or heard of tho man
before ln his life. He profeesed to be
inclined to thlnk that th. man's story
was palpably ttitt.
Assistant District Attorney Moss
conducted th.- direct examinatlon 0
Luban, The witness is a tall. angular
young man of *__*-- ???'mpl.-xlon aad
with dark, plerelng eyes. In ____***_
aspect he is a good counterpart for
some of the four ac-used gunmen who
have been brought into the <-urtr"?m
so often for identiflcation hy tha peo
plr-'a witnesses. His attitude OB the
wltness stand was one of ncrvoi;
which he gradi.ally owrcame. H<- bot.
up well under the sharp *I__B tt'
aminatlon ot Mr. Mclntyre, hut. at
best he si>oke tn _-*_ a toW voice that
many of his answers had to be re
Pfated by the stenographer.
Talked to Rosenthal.
ln answer _5 Mr. _loss_- qucstion-*.
the witness aald. he had'gont into tho
M*U-P_le Hotel on the pl?ht of the
murder aud had been talking to Her?
man Roaenthal, whom b? had lOJOWa
for twalve years. shortly btfOCB ?-?
shou He had not eapfjCtad to see
Rosenthal at the hotel, he said, bul
J had gone'there to look for "Sam" Paul.
, whom he wanted to see on a personal
matter. He saw Rosenthal later come
out of the dining room and start to go
OUl pf the front door, he sald.
"I was standing near the door, and ss
Roecnthal started to go I start-ed U)
follow him. when I heard the shols,"
the witness said. "I could see Rosen?
thal plalnly from where I Btood, and I
dlstlnctly saw two or three men flre
Bl hlm. There were four men ln front
of Rosenthal and they all had g44ns.
1 saw the flash from the revolvers.
Then I saw the men run across the
BtTaat to an automoblle and drlve
Did you see the rhattffeur in the
automoblle?" askr-d Mr. Mobs.
"Yes, Blr," replled the witness.
"Did you know him?" asked the
?V.s, by sight," was the answer.
"Who was he?" was the next ques?
"William Shapiro." sald Luban.
The witness said he had known the
four gunmen by sight for a year and
;*, half on the East Side end knew the
names they went under. At this polnt
the four gunmen and Shaplro and
Jak" Sulllvan were brought into
court, and Luban left the witness stand
and picked out "I>ago" Frank Clroflel,
?G>p" the Blood Horowit*. and "Lefty"
I.,,;,i,* Rosenberg, touchlng each one of
than as th.-y stood in front of the rall
ing. He identlfled them aa the men
Ii? had seen fire at Rosenthal. He BlM
Mentifled Shaplro, the chauffeur.
l.ed by "Lefty" Loule, the prisoners
?protested that it waa unfair for them
all to be brought ln together wlthout
any one else and identlfled in that
manner. Justice Coff walted sllently
until the gunmen had made their pro?
test and then ordered them taken Dack
to the Tombs.
Moss Springs Surprisa.
Mr. Moss Mirprlsed every one hy
sin'tlenly askin ; th<* witnesB lf he knew
i;,ld Jack" Rose. Luban said he did.
"Did you 808 JHrk' Roso at the La
?r-i\ tt.- lUths'"' asked Mr. Moss.
? rea, sir." Luban replled.
? \,u\ you 3/30 Lieutenant Becker there
with him?" asked Mr. Moss.
?Y. s. they WeSB there together when
I saw them." sald the win*
TM y(,u hear them ln convenatlM
then*?" asked the prnsecutor.
"Yes," was the reply.
"How long was that trntOTB the shoot?
ing?" asked Mr. Moss.
*A few days." :.?*.,li.d th- witn-ss
?*Did vou hear tbe name of Roaenthal
mt ntioned in that .oiiv-Tsatlon?" asked
? Yes," Luban replled.
"Who spoke flrst-Becker or Roae?"
What did Becker say to Roae it. the
conversation lu which Rosc-ntl.al't
name waa mentioned?" asked the pros
"Becker said." the witn?*ss repllid ln
a tow mtoe, " 11 that-Hi ?*><???
thal ls W?t croaked I will do lt my*
A deep silence p.rvaded the eourt?
room and every one was stralnitig to
, aich Lutoan'a answer. Becker showed
,-..n.-uilerable itKitation at the tirr.cj, and
liancd oVer and whlspered to hls coun
Mr. Hurt. He smiled cynically
after the tension in the: eourtroom had
Mr. Moss turned the witness over to
Mr. Mclntyre for cross-examlnution.
FRANK MULIJ-R. ALIAS "WHITEY" LEWIS.
Identified as one of the men who shot at Rosenthal hy an eye
witness of the murdtr. \
lBW.trhr-1 from a re, tM |?tH.tr.raph.)
yeara, and never aak.d her her last n.une.
The wltneas aald they went to Hamnv-r
ateln'a Victorla and had $1 eeata. Iu UtB
"Now, don't you know thst on Ittl*" 1'.
1912, Hammerateln'* wa* not op'ti. thi
tbti only the roof garden wa* op.-n'.''
ehouted Mr. Mclntyre.
"Then It muat have been the r.
den," aald the wltneas, comi'lu
I.titun sald he and his glrl fffl H
HammerBteln'B about 11 o'clock, >
to aeveral rafea, -here he rirmik
tonlc" Then he went to thr. ?ot*] tJ "
pole. The glrl waa wlth hlm, lie sald H*
Inqulred of Roaar.thal for **__B8*' PB?I*
and Roaenthal told hlm ha would **f. i
bly find I .ul at the Hotel Llncoln.
8hi*ld* Girl Companion.
Lut.n aaid the glrl waa standlng wlttl
him when th* *hootlng occurred and tbat
ahe witnesaed lt He refuaed to glv. th"
glrl'a name and addreaa to Mr. M? 1 r t r
"Wbv won't you give m* the glrl a name,
?nd _ddr**s; ahe would know that you
wera at the Metropole and would !>?? OB
lmi>oit_nt wltnes* because ahe saw thp
ahootlng?" aaked Mr. Mclntyre.
Luban aald h?. had aeveral reaaons for
not giving her nam*. ln the flrat pla..
he didn't know her laat name, and
wouldn't want to _*WM her trouble if ba
had kri"-n her n*tm*.
I don't want Ifl break BP the hom.- of
that glrl, tai iit-Hld.-ml h,,v. bOtt thi r
arrest for twu inoiitlt" and don t kin-w
exactiy where t>he la "now," aa'.U th.- wit?
Th< beat Mr. McTntyr* could get was
that _h- llved somewhere B8BI UOth str-*t
tnd Flfth av-nue.
"Whel- waa thi glrl during the nhoot
rs*ninisd Ur. -tetotjrra.
? V. Ith mt*; I was strugglirig to hold
h.*r back. Rm w.-.s rrlghteaed 8nd broko
aara) and ran tow.tnl Broadway," aaid
Mr. Mi i-it.i" tri,*.l (.. hBV8 the witness
l-lfi.tlfy PohceB-OB I'li.*. th.* taS-CBb
drlver, ftjraa, aad other arltno-Mi a-ho
,,i th,. aeeee by ba-riaf ihom stand
ui. ia eoori bnl Lobna WM bo iiidn't
recogalse any at them.
II.? went to BdOft ''att}. ln
Broadaray, after tho Bhootlaa, ba fnid.
and walt. d to go ia.in.* untll about -5 a.
iu. s<? I, ? woil'l not dlsturb any <.n>* of
Ma famlly. Mn tatt bla artte
know i.<* wus with Mi xhi friead.
in anawei to farthor Queetlooa Lobaa
t?|,| of -ffltig ?oehOT '4i May j.t Penni*
I .,_'? j-U" ?*, ln A!l.*n btreet ii.
who H., ker wai--. for, he sald, !t a*
lo hlrn to t.ee n man of Becker's
?i,poerw ? b ? p'?' 8. Reofcoi -**???*
talkini t*. "Dennle" i'">- bt
i. *,*,,? be bed am r b4 .n a stuaa
?lml_r ln Ko_ a place
Mi Ifclatyre lud tho witnr*-- eyet tbo
krouad of hin vUit tb tha i.-if.i>( u**
Biittm ?i the tlme bs mn fi--, k.i aad
R-MM atiii OVerhOBld th.;r r.,i*,v?-r*i-tioii.
, .. r !:, X. i b3)i H
on., af tbe ensat i ' tbal Roae
aedded u bha and mM "HeMo"*' arbea bo
iMim* in He knew thmB w. i bl idM.
i, ibaa araa tboa ej-cnaad.
DENIES OFFER TO PROVE
"FRAME-UP" ON BECKER
PEOPLES WITNESS DUMB
UNDER GUNMEN. GAZE
Mr Mclntvre led the witnesa rapldly
ov^rth^ ground wlth the lollowing au,
tlen* and answers:
Q_Were you brought here handcuffeci
to Lieuttnant _?cK?r.
"tf-W.re m P|^nl When >0Ur br?thCr
Mr Moss oVjected and was sustalne.P
Mr Mclntyre Jroducd three ***(_- and
""vare you present when your brother
wrot_ these letters?"
Mr io*. objected _nd ^?^_U__
?r Mclntyre had the three let. art
marked for Klentincation and asked . ,,
?nes* to tell him if they wero b, I*
handwritlng of hls brother.
An o-leetlon to thi* by Mr Moaa wj.
?uatalned and the defanca took an *XO*4>
tlon- ?r- Mclntyre c-nOnued:
y ?What bas been your b_*_B*S?1 A.
A^C^i,efl??oeu8 in a gambl.ng houae?
Ay"-W'era yoti in the gambling house of
' Sr!!Se.re1ouein the .amb.ing houae ol
*'^PldRO;ou%am^e' A.-A llttle
Q^Where were tho?a housen.' A.-In
BQ^o*V>-uU<know iehepp* .M Harry j
VQUtSjd AvouYVamble wlth them? A.
"VTlth Harry Vallon. about nlne yeara,
^'-^.w YoV; A.-Flfteen or twenty
' 0_LWbo wa* tnejf? A. Mr Mlnton (of
,h^J*!KoirMffli_i tK-f A._Yes.
Jlwhat wa* hf -oin*V A-Walklng
arousd the room. *__?_? ?.
Q^SJl'M "Brldgie" Weber tyare? A
NQ.-*fou were never alone there yeater
^l_M_~Rfl*? tell you te say TP** *aw
th_'r_ur m* you identified here io-day ?
_ -Wh*r* did you *** the fom men?
A.~St*ndlng over there. this mornlng
O-^WTie wsh wlth yoiiv A An ofneer
Q-Dld you hear thelr namea called?
AQ*3S_?id you see them pointed out by
Mr. Moss? A Ves.
Q -How long were you ln the r-ourt
thi* irtornlnK when the* men were brought
bare* A An ho_r.
Q -Where did you atop last night? A.
At the Ast.-r Hoi*|)#. '
Uncartain Why Thar*.
Q ?Why did you come here? A.?Th?t
1* aean-thinR I want to know.
G~-_>ld you- tell any orter d?* this? A^
"_*?. my broth**. Ale-t.Uvy of No. 133
Foratrth atreet, and *everal frierida.
Q._Wh*n? A;?Th** brat ?week (n Au
?-*t- - . ..
_ ?Dld you go out of the cl^y after.
that _m* -_>?-?*_?. U> JeWejt:
g._-\yho aakyd J**?" V> come here to
teetlf*? A .Ir^nt*.*!.
Q--J)irt the Htat-'H \ttorney in St*0t
J'-rs*. apeak to you? A?Yes, ye*ten
i Q -*r*ow. is it net a faet ttiit Iaa) wi <jt \\
\ou akd your brorhar offered to. eemei.
hera,-and if the .i< f.-u.<- could n?t you"
put *r_u would appear for the defendsnt
B-**_*>? A No
t yr.u would
- *?!*_? A ? N'o
C^aVill yau *w*?r that you dld not
wrlt** to tba defendant Becker and aay:
"Tk*. ;***? trylng te fram* you up und
that reputable -people wiii oear us out"?
Q.?Did you say, They are trylng to
fran., you np and will .-how you how aome
tand ln th.* District Attorney
Offlce" 'IkI you say that'.' A No
4,1 -Did you and your brother cause to
indirectly to counsel for tha de?
fendant a letter wrltten to you by "f*;im"
Paul? A l can't retnemtoer. I can't
for m< brother; I dk] not.
Q Ihrt the Distrb t Attorney state to
vim thal if FOU testlfled ln this o-.se you
recelve Immunlty in the State of
rsey? A. He did not He *>a!d he
wu il'l do all ho could for rue If I'd prove
> * -lip
(.1 nrben did you have such a aoafOO
sation'i A Yesterday.
>i when that ataiament ?iih made <o
yoti by the Wstnei Att<,rn?-\ w;.*- pOur
broth< r pretMBt? A V. a, dr.
a he make* tbe saint statement
to hlm? A.?1 don't know.
? j He wus in Ihe room, waan't he?
Can'l >ou tell what tht learned District
Bttorne) aald to your brother? A. No,
? a\ np ".lack" Rose present when the
Distrlct Attorney m:idf the atate
ineiit to you? A.- I don't know.
Had Agreed Before.
Q After that, -did you ngree to be a
witness for the state' A i agr.-.-d be
ti Did you have any conferenee with
tht New Jersey offlcers before comlng
hare? A - Yes.
Q w ith whom? A Mr. Ifock.
..? Md Mr Mivok aasure you of any
a|i i iency if you came over? ?*-.?No,
Mr. Mclntyre wanted to know lf the
witnesa *-ent a keeper from the K?.ex
CotiBty Jail, in Newark. to hls offlce, at
Broad street. In thls city. Th?i
witness aald he had not. He dldn't know
whether hla brother had Rent a keeper.
"Tell All," Rose Said.
"What did 'Jack* Rot.e say to you?"
Mr. Mclntyn- _>k. d.
"He told me to unrnt nut and tell the
eeurt all I knew," was the reply.
"Did ROM a-k you to bc a witness?"
a-skecl 14,-cker's counsel.
Blr," replled Ltjban.
"Tell m- why you talked wl|h Rose at
ill." demanded Mr Mclntyre.
Mr. Moss nhjeoted 4o tne ejiieMlon, and
lustice Ooff Buatalne.1 the oh)ectlon.
I witues?) said l.e had asked Mr.
Mti,ton if be could talk t<> ".lack" Rose,
and Mr. Mint< n had told hlm that Rose
wa thera and aronld sea blm.
"Vou say you bave i-amhled?" asked
".lust once in a whiie i blew In a few
tollars," Luban replled.
I.uhan denled he had ever pleaded
fullfy before Judge Mulnueen, ln Oeneral
leaijlons, and had got off pn a Buapended
<entenco. H<* sald he had never been ln
rouble untll he was arrcstr-d ln New
lermay on August 1?.
Mr. Mclntyre brought the wltneBB down
o the nlght of tho shooting. and made
i.i, ti..*- bla ii,,,vi*iii.*nta. He said he
Ifl hla horn., oa GtatM avenue, Brooklyn,
nl uiiii" lo Neu Yotlf alHjut 7 o'clock
,, meet ? young oronpan by appototment
n front of a moving picture show theatre,
t 110th street and Flfth av?nue. Asked
.?ho the young woman was, he sald he
ne* her only by her flrst name, whioh
?'<*? "Agfle." He had known her sevea
Thomas ***. Kyan. a chauffeur. tthO was
employed by Iba <'_dlllac Motot ' '""?
pany and Btationed n*ar the Hfltf) M"'- ?
pole on the nlght of July lu, was ibt Bl I
witneaa oalled ut the opening ol ? ourt
yesterday. Hyan waa an eye-wltnesa io
the shooting, and the prosecution ex?
pected thst he would ?>? aMa to ldentlfy
eome of the gunmen. He wa* un?l le to
p|ck any of them out when they u. re
brought Into c.urt. however.
Ryan *pp*?red to have lo*t hls nervr
complf-tely. and falrly fpialled hef'-rc tht
gangsters when he stepped d?wn ttom
tii- witnesa stand to look ot tbtm <lo?.-ly.
Mr. Mo?* was surprlsed. und tndi>
hls qiiestlons that Kyan had told hlrn, :n
the prasenr* of Pollceman BUt, thtt bt
.ould ldentlfy at least on* of the men.
Jusilre Ooff examlned tha wllpesa at
length, hut Kyan atuck t_ it thnt he could
not ldentlfy any of tha prlaoners.
Kyan testlfled he was only about ftfl*en
foet away from the men -ho dld th''
shooting. *nd. though lt w*a "light aa
d?V in that puitlciflar place at the in l*
teCB-BB ot UM Mf elertrle llfbtB Ifl fl*Ont
of the Metropol*. ha could not recall th*
features of *ny of the four men. Th*
_(tii**-?> udmltted that be had aald In the
Tombs he waa afraid to put his hand on
one of UM men II* waa afraid bttMUA
h* feared he mlKht |>ick out Ihe BTOflf
man, bf sald.
Oiovsnnl Stanl'h -aa the next witn-.-.
called. Btanlah ls a. rather dlstlnguihhod
looklng Au'trlHii, tall and elender wlth a
bushy head of halr and long taperltiR
ttngers, whlch ?>* kept entwlning nervoualy
during hi!- exanilnation. He WOTO a ***-_**?
IriK b..w tle hikI eye.lu*sea. He aald be *?_?
au electrlcal *nglnee* and an Inventor
and had b_*n In New York for one year.
On the night of tha *hootiiig he w_*
standlng toaning agalnat the ralllng by
the radilla* Hotel. ln 43d street, talking
wltb a friend when he beard the shots
and turned and saw the gunmen. one
wlth an sutomatic revolver ln hls hand.
The gunmen were brought Into court
at the request of AaaiBtfatit District At?
torney Mobb and th* wltneas stepped
down to th? ralllng and tou.-hed "Whitey"
l^ewls (Krank Mullen as a man be aa*'
shoot. He thought that "Oyp" tiie lilood
wa. another one who nnd, but wa.-n't
The wltness w?n turned over to Mr M>'
Intyre for croaa-exanilnatlon and tho
lawyer for the defence lmmediately tried
to connect the wltneea wlth the walter
Krause, another ey*wltne*a, who proved
a good witneaa for th* proaecutlon the
day bafore. Btanlah denied that he knew
Th* defence evidently want?d to create
th* impmaion that Krause, Btanlah and
aome of the other witnesses were merely
cog* ln the great whe**l of mnsplracy
nnd "frame-up" of whlch Baefc***- law*
yers are expected to .ontenl the defe.ul
uut was a vlcttm.
The wltness couldn't rememher whether
ha had bla gU*s_? on the nlglt of th*
shooting- Mr. Mclntyr* continued:
Q.?Can you aee better wlth them off or
on? A.?1 c_n aea without them, aad I
am neither long B-gbted or near elghted,
i-.it Bometlmea aii eyea .<r.- ilrad, bald t
; .* ti,,- ilaaaea on,
*_? ''.rn you aea clearh down tbo eourt?
room' A Not Kl - Well
<_? ? -iii you ilt.tlng'ilali an) thing at
the n ar of the eourtroom as you *-it ln
the witness chair? A N'.,i very well.
W v.u don'l see rer) clearly, do you?
A l tt t bul nol very i learly.
4J.- What la your bustltessf A.*?1 am
occupled with my owa Inventlon*
tj Have you worked f.<r .inyone ln
ihia country? a- i arorb for my own
q Hava *>"<* any p?t?nts granted?
A Ona i? i" tha elfloe at Waahlnatoa sad
anothei li pi ? pai ing to i ara lien) f>>r
'v la thut hII von have done? A.?Tea.
H VVtoal hus !,-( ,i >onr BOUI00 "f ln
i em. ... omlna to this count ry l a
Thal i- my own buslnesa.
4' Afaln I iisk you ><"Jr soiirce of ln
pomo? a i um nol go ng to t- li you,
for it Ir iiohody'a buslnesa to Hrk about
my i", ket 1 am nol poh-i 10 t.ll any
(_). Were | on ever ronvUt?_J of a crime
|4i Aimtila? A-Agaln, that la my own
"j Ai*aln I aak you the MUBO ouistlon
\ i will nol answer queatlona about
my peraonai nff.iirs. lt t*. s unlversal
Inw thut fl m.'iti's buaineaa ls hla own. and
tt iu ai o the law "ot to interfere with a
<.i Sin*?* >4iu have been In the I'nlteil
Btatea hava you been eonvlctad of a
? im,.-.' A -No.
Law Abidmg by Natura.
y. - You dldn't l.r'.ng the unhersal l.w
thara, di.i you' A. Ho, f-.r tbat hastodo
with thla stat.* i .-h.iii respoel aii ti >
lnws of thla country exeept ipieiitlnria
aliout my pursoiml property. I have never
i.i -n i onvicted ln my llfs
(J --I mk jou onie more, where haa
your Income on whlch you live.i come
slnc< fOU cutne her.'? A. When 1
eama here i had 2o.ut) franee
'i Whera wara you about I o'efack on
tha morntnf <>r July lf? a i aald that
b< foi a
ij Wtll, say It agaln. A- 1 am not a
hand oraan, and l do not hava to play
th? same tune over and over agaln.
The witnesa was ordered to answer by
the court, and replled:
"I whs by the slde of the Cadlllac Ho?
Q. How fsr from where the ahootlng
took place? A Ten or twelve feet from
where the* rrlmu took place,
Q Were you wlth u woman? A-That
ls my business.
ij. I)n you rememher your teatlmony
before the grand jury ln whlch you statad
that you were talklna lo a woman of tha
stie, t" A. Yes; I did It, and I say ho
c.' Who was the woman vou were talk?
ing to? A. I don't know; nhc atopped
... Dlil you walk wlth her ln <t*4d street
at all? A. -We eume lnto 13d street. and
ahe went one way and 1 went another.
Htanlsh testlfled further that he came
to thla country under the name of Darlo
Kflore. He had uaed the name bicauao
he had travelled on another man'a tlcket.
He had told peraona he was of noble
hlrth, he said, hls mother havlng been a
lady of the house of Vlornarualc. Hrr
name wns Mlchelena Btanlrsh.
Tbe wltners sald he had aeen "Whltey"
I.ewis and the other gunmen when they
w*ei_ brouahl Into OOUfi hefore he testl
ftad. Hi* i.leritlfl.-d Loarta tirst. frotn a pho
t'graph which he pleked out of aeveral
that Dtatrlct Attorney Whitman ahowed
hlm H? went te the Dletrlct Attorney
the day after tha ahootlng and told what
he had seen, he said. Stanlah dldn't _x-(
pect any money from the District Attor?
ney for hls services, he said. He didn't
Jurors Seem Alert.
Btanlsh was thereupon excused and
court adjoumed for the noon recess. Th<*
Jurymen who spent their flrst nlght In
rtistody at the Murray Hill Hotel did not
show nny wcarlng effects from thelr un
usual experience ln court yesterday. The
jurors and the sevr-n court attendants
who guard them o-cupy nineteen rooms
at the hotel. They are not allowed to
eommunlcate with their friends. Some of
them spoke laughingly of their "incarcer
ation" and aeemed to think-that they
would enjoy lt. They are taken to and
from the. hotel ln several automoblles
They had luncheon at the Broadway Cen?
"Rald Jack" Rose was caljed to the
witness stand Just before the adjourn?
ment of court for the day. Justice Goff
was lncllned to hold a night sesslon, pro?
vlded the lawyers on both sides could
finlsh with Rose.at the sesslon. Mr. Whit?
man and Mr. Mclntyre both said that it
would be impossible, and Justice Ooff ad?
joumed until to-day at 10 a. m. with the
ann.uncement that he would slt until
Roso had been examined and cross-ex
POLICEMAN ON TRIAL
Hyland Accused of Larceny of
$1,900 in Oems.
John F. Hyland, a patrolman attached
to the West 17th street police statlon,
who is now under suspension, was aiaooi
on trial yesterday before Judge ('raln, ln
? Jeneral BotaUtht, rh.irtfed wlth grand
larceny. lt is nllecjed that on .lanrtary 22,
Hyland stn|e diamonds value.l at 81,900
from .lohn He Cock, a jeweller, whom
Hyland arrested on that date for Intoxl
T. Chnnnon PresB, the Asslatant Dis?
trict Attorney proser-utlng, sald in hls
opening address that lt would be ahown
that Hyland searched De Cock In the
slaflon hoii.'e, that the next day De Cock
found hls jewels mlssing from tho *n
velop.. and that later he rerovered $'!~
worth, which had heen b-ft wlth an
anonymous b-tt.-i at the .'arm.-lite rec
tory, iu B_l I _B_ stroet.
Handwrlting -xperts, Mr. Prrsa Bald,
would tCHtlfy ll.at the anonymous letter
was ln tiie haiiilwiltlng of Hyland, and
John Hlunt, a J-w. Il.r, w.iuld t.stlfy that
certaln other Jewels b.-longlnt; to De
t'ock had been aold to hlm by a patrol?
man named Karley, who was at that tlme
in the same preclnct with Hyland, but
who has dlaappeared.
The only wltness called yesterday waB
J_B8M Hangt-r, an engln-^r on the Fln
land, of the R. d ftflf llne \\o was wlth
De Corit, on the nlght when li.- Coda was
arresied. Ile dld not remember much
abOttl the events of the night except that
ti..-y bOtb had been drlnklng.
STANTON'S ACCUSER TRIPS
Oliver Admits Being Arrested
Before Joining Force.
Lfetttenant Joba V ?_uaton, who te*.
t:ll--.I at the Hld.rmanlc Inv, stlg.itlun
that at-.. it 1" or M p< r B***t Of the police
apptlcant* Wbom the bureau Of whlch
he had be.-n the hflfld had Investlgatud
had . rlmin.il reotxfit, was placed on trial
>. -1? i <111 \ bafora DeptJty Pollea I'.mnni.
* ? ? i MeKay. Tba otaotSx ebarsa against
Staiit'iti ls tiie result of au atlldavlt by
Ai ting I'.t.. tl. ? **?rf_uit Rlchard F.
ollver tlmt Htuuton had attempted to ex
t...t PM from hlm three ><ars ago. as
ti ? i-i - ..f j;. ttlAI on the f..r.'e.
I nder grilling at the hands of Davld
m. rlattbarger, Dttraa B-n_tf_l tbal wii.-n
li. had UM _ll04*fld > iinv. r.-atlon wlth
ttanton regat-dln. thi PSt ba had iu iii&
p... ?? t .i ?UtniDOM t.. appear g\ V,,\\, ??
Headquart. ra un.i t>*> eppolntad. Hc also
admitted ha knew that the lieutenant
bai iio power to npp.ilnt or rejeot hlm.
('il.ii pgt Rfl >1 Ifl hav.- ..iily h baay recol
lOOtttM of i ertiiln matters )??*:?r.lltis; his
i ii.ua. t. t or of other things that he had
done since hls BppolAtBMNtt I?att-r, how
****_*, he iidinilt. d that Im had baat twice
arrtttei P*_h t.. his g.tting <n the force,
DBOB fOf Bpeedln. and OBOB for IBflfllllt.
Former Dapvt** Comrnlaaioftei -Oii
Hai.fcoti. Ji.sl.ih Sl..\ei uti.l K.uiiier Pollea
i 'onUPlasloBi i Rlnghiim ull testifltd that
Iio- inx-.UKHtitiK eiiiri-.iu of which Htun
Iflfj was at ihe batti was tOtttO*) al
Kiunt.m's h..K?.stH'ii, and that hla repu?
tatlon wuh of tb* best.
DAVIDSON HELD T0 PLEAD
"Big- Jack" Zelig's Slayer Says
Ho Has No Money for Counsel.
"Red ?hll" Davld*-.-n, stiil showing
rlHUH if tl.e h.-atlllK Whl'h he sald "Ml**
,Ih< k" Rollg ggoa hlm. w*s a*r*_lg*_a. bo*
fort. Judge R~?Bfl ln Heueral IflMlBM
ytfltordfl** Ifl V*ttA to the Indlctment
-hgrftog hlm wllh th* munlt-r of /elig.
Davidson sald II- had no nioiitiy wlth
arhlch to retaln counsel, an.l Judge t-'wium
ndioitrti.d tiu- pleadlng until Motidfl**,
when lounsel wlll be asslgne.l.
Although nppan Ilt*"# DBVtdflflfl was n
mlnor crook or "lobbygow" who was
linally Bpfldfld by (ontlnied nffront* snd
Insults to abool /.? ?lig, s.i many I tflrfflB
iinv ...tn.- to tba Ptatrld Att**t_fl*/ con
-ernlng hls trtotlve ftJC ihe murder that
i s.rious ltivesti?atl.>ii la und. r way.
[i.-fvldson's own "rtory of Ibfl "-tflfflt* theft
it hll mobtry bjr Zelig b;is had manv
irarlations. Hla wlfe bta glven more ihan
?mi. aecount Of the uffalr. Tbt* rrlatlon
>f l'auline Fu.hs to ihe case haa not
i.ei n iatlafsctonly i aplalned
Ih a belief en the part of anme
thal Davidson'* act ln sho.iilng the man
ivhn would hayaj bat n a witness not only
ii |he lleeker trlnl bul alao Bgalnal Stein
m and Wiiitei, fontierlv in Meutenant
Seckar'a s.piad, was lusplred hy.somo oik>
(itily yesterday Mis Davidson sald tba
imounl of morti ? token from ber hushand
?y '/.llg Wns JtOu und not 81s. as she had
hi vimislv aaid. She had become eon
rlnced Hiat lt was |40d, sh.- aaid bt
lause of a talk aha had wlth her husband
n tb* Tombs I -vul*i<.u also told her ha
vas within an a.e of turnlng hls revolver
iKalnBt hlmself when he was unested.
. I. . ? . i i .
BECKER 8UIT ON OALENDAR
_ction of Woman Whose Husband
Was Killed in Raid Gets Preferenca.
.lustlie l.ehman ^ranted a motion faa
lerday tO plaa* OO the preferred cnleiidar
lie suft brought against UflflUutaBl
harles Dat_T whlch Mrs. Mary H. Car
<< r lias brought for the kllllng of her
tiushatid, W'averly ( arter, In a raid by
Recker and hla squad on an alleged
Harlem gambling house. Mrs. CflTtflT la
ilso nuing Charlea R. Plitt. Jr., Becker's
[>ress agent, who wua preaent at the
rald and was arrenttd for the death of
"arter and later released. She aaks tifi,001
Mra. f'arter sald in her appllcatlon to
: ave tho trial of the case hnrried that*
<h? was dependent on her husband for
lUpport. Counsel for Recker npp.iHed the
ipph. atlon, saylng the suit could not be
I hd at pr-s.-tit becauaa lii-i trial for the
tllllng of Herman Roaenthal would con
tnue throughout October and part of
S'ovember.' Justice I_hman, however,
-ave the case" preferenca. and lt wUl be
talled thia month whll* tba oiurdar trial
? aUll going on.
COUPE GETS HIS TERMS;
SAILS FOR N. Y. TO-DAY
Eye-witness of Rosenthal Murder to Have
Strong Personal Guard of Detectives
Whiie He Is Here.
[Tly Cable to Tha TrlbunB.l
Londoji, Oct ll.?Cab)e advice*
reached here to-day that Charles A.
Whitman, Distrlct Attorney of New
York county, after aeveral days ot
negotlatlons. had at laet agreed to
glve Thoma? Coupe, tho eyewitneaa
of the Rosenthal murder, the amount
the llttle hotel derk has b-een asklng
ajs the prlce of hls return to New York
to testlfy at' the Becker trlal. Con
sequc-ntly Coupe will sall to-morrow
from Liverpool qn the Mauretania
wlth Assistant District Attorney De
? Distrlct Attorney Whltman's cable
messag. acceptlng Coupe's terms
reached Mr. De Ford at 10:30 o'clock
thls morning at the Savoy, and Coupe
took the noon train from London to
hls home In Preston, Lancaahlre, to
pack hls bag. He will meet Mr. Do
Ford at Liverpool to-morrow afternoon.
Assistant District Attorney De Ford
g4-.es from London by the regular boat
traln to-morrow from Euston Statloh.
In endeavorlng to throw off the track
the emlssaries of the gamblers who
havo been keeping cloee watch on
Coupe. hoping to prevent hls return
to New York. many suhterfuges wero
adopted by De Ford, but the mys
tery with whlch the latter attempted
to cloak himself during his vlslt t.
Kngland, refusing at any tlme to admlt
thut he was here to eee Coupe, might
as well have been saved. as the whole
qt'eetion has been one of barter and
sale from tho beglnnlng.
Mr De Ford airived at Plymouth last
Saturday and came to London en auto?
moblle by easy stage-***. arrlvlngon Mon?
day. Ofl whlch day he pald two vlslts
to Scotlnnd Yard, where he learned that
the English police have been keeping
cloae watch on Coupe slme the latter
got here. grotland Yard, however, told
Mr. Do Ford that they could glve him
no help exeept to keep Coupe in sight.
Mr. Whltman's emlssary accordlngly
went to Preston on Tueaday, where he
fiiutiij Citipe's father, who ls tlie owner
of three dryfOCwO stores there, and who
sald he had an Income of $30,000 a
year. He did not want hls son to go
back to New Yoj-k, but Mr. De Ford'
soon learned that lt was only a ques?
tion of money with tht* boy, who, as
soon as he reached Kngland. ln Septem?
ber. b< gun selling his story to the news?
papers. Coupe sold two stories for
IIM e.-ich. and then trled to hold up
the newspapers a third time for $250,
but the newspapers refused to pay
When Mr De Ford arrlved Coupe
Witnesses Evasive Regarding
Reinstatement of Lieutenant.,
The ahlermanle commlttee charged with
Investlgatlng the Poll. e Department
fctmnh several sr.ags yesterday, when lt
lii.,1 |0 Und out why Lleutenant Thomas
!?'. Paeifj diamlssed from the force by
4'ommlasloner Cropaey for conduet unbe
comlng an nftteer, waa relnBtated by hla
succeasor, Commlssioner Waldo. The flrst
witne?H on the stand waa George W.
H'erllng. chlef as-dstant ln the Corpora?
tion CeunoeTa ottlce. arhe ln December.
19144, wrote an oplnion for Commlssloner
'r,,|,s?v, in which he stated that the
Commlaatoner had no power to reop-in
the eaaa Ol * pollc_ ofllcer dlsmlssed on
Mr. Bterllng's oplnion araa read by Em
ory R. Buckner. counsel for the alder
inanlc committrp, uho then produced a
Ptter from Mr Sterling to the Munlclpal
ct-.ll Service Commlssion, whlch ex
pres-ed the opinion that Commlsatoner
Waldo *Aa-. entirely Juatlfl?4 ln relnetat
ing the diBiniaseii lleutenant. The letter
told of 8 conveiMition between Mr. fSter
|Log, t'ommissloner Waldo and Frank
Ipaocar, aaeretmry of the civil laovfoa
Commlaalon. and went on to eay that lt
wa.*-- unnecessary to repeat Um facte
which led Mr. Sterling to make an ex
toptlofl in the ea*e of Lleutenant Koody
to the rule he had prevtouely laid down.
Mr. Huckner endeavored to glean from
both Mr. Sterling and Mr. Speneer the
r.iture of the eonversatlon ln whlch Coni
ailaatOBOf Waldo partlelpated, but be met
wlth Indlffereiu aucress. Mr. Sterling re
tUBOt to dUclose what he remembered
af It. Ofl tlu ground that he acted on
thui OCOflOtOI) i'? the capaclty of counsel
io tlie Commlaalonor, and that Section tZo
if tlie Code of Clvll Procedure forbado a
lawyer to dlvulge any matter of dts
?ii.-.si,,ii b.tween himself and hls ellent.
lln was backed up In thla atand by Wlll?
lam MoMurtrle Speer, appolnted by Cor
l?)iatlon fuunvel Watson to attend Ihe
hearlnga of the commlttee, who rose to
Bla f.et for the tirat tlme alnca tho be
rtinulug of the lnqulry.
Mr. Huckner then trled to dlscover
what Mr. Sterling conaldered "conduet
iinhec.omlng an ofllcer." wlth a view to
isicartalntng, if posaihle. why he had con
tvadlctcd hia own earller optnlon when
the caae of Ueutenant Foody wm brought
lefore hlm. Mr. Sterling replled that
itfferent people deflnad the offenea ln
lift.retit ways. snd that he himself
might change hla Idea of It at dlfferent
:lijie_ und under olffsrent condltlons.
'Would you conaldar a commlaaloner
.vlthin hl* rlghts If he charged a lleuten
mt who was found ln the captaln'a room
if a ihMIc* atatlon wlth baer ln front of
itm. when he ahould have been at the
i.**-k, wlth conduet unbecomlng an offl
:er?" inqulred Mr. Buckner.
"I thlnk he would be wlthln hls rights,"
inswered tho wltneaa.
"Well, that ls the Foody caae," Mr.
"You aay tt Ib," reaponded Mr. Hterlini.
T don't recall whether lt U or not"
The next witness to take th* atand was
-leutenant Maurlce Hannon. who was
ranaferred to the Far Rockaway preclnct
>n July 21. 1911. after havlng aerved ln
he legal bureau at Headquartera for four
?eara. Ae aoon aa Mr. Buckner began to
piestlon hlm as to whether Conm*dsslone?*
iValdo had conferred wlth hlm ln regard
o the Foody case he met wlth the aam.
?hBwiele whlch Mr. Sterling had thrown ln
ds way. The witnesa explalned tnat ho
iart been admltted to the bar ln 190$, and
hat he feared he would Joopardlse hla '
itandinc should he divulfa converaatjons
which ha mlght bave bad arltb tha Com*. (
thought he saw a chance to acqalr* a
small fortune so steop did ha maka hla
price. Mr. Da Ford returned to London
on Wedneeday. almost dfscouraa-ed ana
plannlng to take a short vacation __
Paris for a coupJe of weeks befere re
tuming to New York. On Wedne?__y
night Coupe followed Mr. De Ford to
London wlth hla solicltor, and went to
the Savoy, whare Mr. Whitman** tBpre
sentatlve pald the expensea of boy,
Coupe and the sollcitor.
Whlle Mr. De Ford waa busy t^.
changlng cable messages wlth the Dn.
trict Attorney in New York -Coupi
swanked around the Savoy pritb a
great air of mystery and ImportaocB,
warnlng the clerks every few mlaataa
that they must not on any account ltt
lt become known that ha waa ln __?.
don. Coupo enjoyed tbe Bituatlon tbor?
oughly, and partlcularly enjoyed hold?
lng up Mr. Do Ford, who all the tlate
wag becomlng more and more dls
gusted with the meroenary character
of tho proceedings.
Coupe had -Agaln identlflod the me*
ln the automoblle from p_-**rt?grapfe.
brought to England by De Fort, and
every day aa tho idea of the Importanea
of his testimony grew on hlm__t put 19
The price had gona 00 high on Thui*.
day nlght that De Ford waa very moeh
afrald Mr. Whitman would refuae d*t
nitely. Thls morning, however, tha
cable message came accopting tbe
terms, and Mr, De Ford mada tha aaal
payment ln the atatoroozna reeerved oa
the Mauretania for Coupe and hlm?
Besldes the money payment a atrong
guard of detectlves was promlsed to
Coupe for all the tlme ha Ib In Naw
York, aa well as an addltlonal sum fer
each day that hls stay la prolongad bt*.
yond a Bpeclfled limlt.
Distrlct Attorney Whitman rtcelveQ* a
message yeaterday from Wllllam A. fia
Ford, the Aeststant Dtatrlct Attorne?
who went to 1-ondon to see Thonsj
("oupe. statlng that Coup* would retara
Wlth him and that they would aail oa
the Mauretania to-day. Coupa* formarly
a clerk employed at the Elka' Cluh, atv
the actual killlng of Herman Rosenthal
and will testlfy in the Becker trlal.
Earller meeaagea from Mr. D? Ford
lmplled that Coupe might refuae to come
and stated that tha ex-hct?l clerk wanted*
hls return expensea pald ln advance and
hls life Insured for the time ha was th..
sent from England. Mr. Whitman dlrect
ed Mr. De Ford to bring Coupe wltt
hlm lf posslble and yesterday's messafB
waa the result.
_, .. , ?? .-IK.'- ?'?-.-?_?-.-,
mlssioncr ln hls legal c-*.pacity.
Terence F. Casey, executlve clerk of tha
Mayor's offlce, dellvered to Mr. Huckner
all the papers on flle ln the Mayor'. of?
flce concerning the relnstatement ni Lieu
tenant Foody an-1 thirteen other police
men. They eonslsted of six dorumenta
and there waa among them nn applicatioa
from the dlsmissed lleutenant to the May?
or requeatlng a rehearlng of his caae, t;
provlded for In the charter. In reapons*
to a request from COmmisaloner Wald.
that the case be reopened, the Mayor ga?B
hia eonsent. but added that he belleved th*
man merlted severe punlshment.
The hearing was adJournM until
Wedneaday at 2 o'clock.
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Or if an electric company
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You would be the first to protest
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In all probability, your eompott
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less for insurance, leaa for light, lcm
for power, less for cartage, less fof
service than you are. Some of than
are likely paying iesa rent, too.
This being bo, you aro discriwl-'
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every day in the year.
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