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New-York tribune. (New York [N.Y.]) 1866-1924, October 22, 1912, Image 6

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WE" O'BRIEN OUT
l/ispector, Against His Will,
Retired by Waldo.
CAPT. FAUROT ADVANCED
Finger Print Expert Placed in
Charge of Detective Bureau
_Hughes to Flatbush.
i-tiice laapactar HHhaal stephen
O'Brlen walke<l Into Headquarters yeater?
day afternoon after a vacation of seven
teen days. and was immedlately and
agalnst hls will retired by Commlaaioner
Waldo. He ls stxty yeare old and cannot
tight relnstatement because Sectlon W
of the greater New York Charter glvea
the CommlsBloner power to retire any
man not a war veteran *t that age. In
the davs Of Inspector Byrncs Waaa
O'Brlen made a brllllant record ae a fla
Captatn Joseph A. Faurot was appolpted
to the rank of Inspector and placed in
charge af the Detecttve Bureau. and In?
spector Edward O. Hughes. au.ceeded ?y
| ???irnnt. wa, tranaferred to O'Brlen B dls?
trlct. the 16th Inspectlon District. which
takes in the Flatbush sectlon of Brooklyn
Krom childhood Inspector O'Brlen has
bas ? called "Steve." and lt la said that
not untll ho inapected hla blrth recard a
(?W months ago did he learn that hc
?lit,l t,een chrlatened Mlchael btephen
GMri.n. Hls career on the force has
been anythlng but smooth and steady. On
N, vembar <TT, 1875. he was appolnted B
patrolman and on December 21. 110. ralaed
to the lank of roundsman. he was made a
detective sergeant ln lstt. reduced to pa
ti .Iman in 1898. ralsed again to rounds?
man the same day; made a Ueutenant ??
than a month Uter, made a captaln two
weeks later. and an Inspector on Januar>
4 latT. Three months later he was re?
duced to the rank of captaln at.d kept
?, that Place untll May 88, ?10.
O'Brtoa was born on January 14. WM.
and was a porter when he wae appolnted
tp the force. He ls marrled and llvea at
No 404 Kighth avenue. Brooklyn.
Commlaalener McAdoo sent hlm abroad
a few yearfl ago to spend three months
,? i.,,ndon. Paria and other Europcan
cltlea to study trafflc conditions Hla ex
pense bill ot, his return was so small that
he was teased about lt.
Jeseph A Faurot has an excellent rec?
ord ln the department. Ft>r years he ha"
been a nnger print expert. and has reen
|? romman.1 of the Bureau of Identlflca
tion Of CrlmlnalB. He was appolnted on
lWeniber 2. 1896, made a detective ser?
geant In laat reduced to the rank of pa?
trolman seven montha later. made a de?
tective sergeant again ln 1888, a Ueutenant
ln 1907. a captaln ln 1811. and yesterday
was made an Inspector.
He Is said to have been the flrst man
ln thls country to prove the value of
flnger prlnts as a means of ' crlmlnal
?dentlfleatlon. In 1911 Commlssloner
Waldo sent hlm to Parls to study the
Bertlllon aystem used bv the police in
that clty. He la now at the head of the
newly organlzed school that ls tralning
jnembere of the department In method* of
<letectlon.
Inspector Edward G. Hughee recentll
recovered from a severe cold caught v- hll?
tracklng "I,efty" Ix>uls and "Gyp ' the
Blood. _
MEDICAL SPECIALIST HELD
Dr. S. S. Manson Oharged with
Attempt to Defraud Railroad.
Dr. Eouls Samuel Manson, a neurolo
gtat, whose offlce Is at No. ?>!6 Madlson
avenue and who Uves at No tV5l West
Mtd street. was arrested yesterday on a
beacb warrant charging hlm wlth at
tempted grund larceny. It ls alleged that
he alded in an attempt to defraud the
New York, New Haven & Hartford Rall?
road of I7&.000. He was arralgned before
Judge Swann. in C.eneral Sesslons, and
released ln 83,000 ball.
His tndlctment eame about after Rob
c tt l. Jamleson, who recently pU-aded
gullty to perjury before Justice Blanch
ard, ln the Crlmlnal Hranch of the Su?
preme Oourt. had nnde n ch'an breast of
hls mlsdeeds through the DeatrHt Attor
t.ty's offlce. Jamleson ls a paralytic.
After a wreek near Mlddletown, Conn ,
on August V. 1911, he was persuaded, he
said. by Ltouls Morgan. an agent for the
Kqultable IJfe Assurance Soclety, to tako
to hls bed and slmulate lnjurles resultlng
from the rallroad wreck. Then he sued
for 175,000 damagea through Joaeph Levy,
nn attorney, who-la Dr. Manson'a broth
er-ln-law.
Dr. Pearce Bailey waa eroployed by
the rallroad to exemlne Jamleson, and
found hls paralysle waa of long etandlng
and wbb not due to accldent.
Dr. Manson teatlfled ae an expert for
the defence In the case of ^aptaln Halns
In Queens County. Mr Weller, Assistart
Dlatrlet Attorney, ls lnformed that he
has ttstlf.ed ln many damage sults
bronght ln thls Btate.
a
LIEUT. STANTONTO FIGHT
Intimates That Perjury Was
Committed in Oraft Trial.
Ivkuteiunt John V. Rtanton. recently in
charge of the Investlgmtlng bureau ln l"o
lice Headquarters, who wbb dlsmlssed
from the force by Commlsaloner Waldo
on Frlday. when a detective testl&ed that
he had attempted to extort money from
hlm two years ago, said yesterday: "As
soon aa my lawyer, Davld M. Neuberger,
returna from Burope. on November 7, I
shall rommence crlmlnal actlon. 1 shall
take the matter before the courts, and
eomebody will aurely be lndlcted."
Btantoh hae bfxn ln the department for
seventeen years and haa admltted three
thousand men. Mr. Neuberger had de?
elared that many of those who testifled
agalnst the Ueutenant at hla trlal had
perjured themseleve.
Frederlck 6. Marselle. cne of Ueuten?
ant Stanton'a lawyers, aald yesterday
that in ten days he would aBk the Appel?
late Dlvleion of the Supreme Court for a
wrlt of certlorarl that wl|l force Corr.
mlflsloner Waldo to produce the records
of the Stanton trlal. ao that the cxmrt
may declde lf the Ueutenant should have
baaa dlBmlssed from the department or
not
lt ls aald that the Ueutenant wtll ar
t-mpt to prove that many men wlth
crlmlnal recorde have been recommendtd
to hlm by pereona ln authority in the
Folice Department and by prominent
pollticlana He will try to rhow, lt waa
added, that If he had paaaed those men
recomntended to hlm the department
would now be crowded wlth erlmlnala.
? ?? . a
6ATI8FIED WITH YOUR DRESS
MAKER?
A liat of reliable and up-to-date
dreaamakera may be found In thia
laauov?Advt,
lontlnned from flrtt paa*.
of the defence to put Becker on the
wltness stand ln hls own behalf. There
seemed to be some unccrtainty ahoal
it. He sald, however, probably the de
fendnnt would testlfy. If he does, lt ls
llkely he wlll be a wltness to-day.
District Attorney Whitman would
welcome an opportunlty to cross-ex
amlne Becker, It was sald, as the rules
of evidence would permlt the prosecu
tlon to go into Tleoker's past llfe, his
detailed association with the "strnng
arm" Bquad, his bank accounts and
other matters whlch. the Uata con
tends. show a motive for Becker's al
le*e,i part ln the nvurder. For that
reason. it ls belleved. the defence may
not conslder it the best policy to call
the defendant as a wltness
Thc reading of the testimony taken
at thc recent commisslon ln Hot
Hprings of witt.esses who had taftad
wlth -8amM Schepps while he was
there araa begun by Mr. Hart. of coun?
sei fnr the defence tWO hmirs before
court adjoaraed yesterday. it ls aa
peetad it wlll take that loag, or longer.
to complete the dlracl interrogator- I
and th.- cross-intirrogatori.-s, asked by
Mr Whltroan, at to-day*! aeaurton. The
testimony of the Hol Bprtnga wltneesea
waa publiehed ln the newapapera at the
time it araa laltan. In ootuo reapecU
theteatlmony read by Mr. Hart yeater?
day dlacredlted tba aUnry that Bcheppa
told on the wltneaa stand at the trlal.
MANY WITNESSES TESTiFY;
LITTLE PROGRESS IS MADE
Ueutenant Becker appeared to he ln
better spirlts at the close of the day than
hls lawyers. Some one remarked to him
that the total result of the testimony was
perh.ipp not entlrely sntisfantory to the
He amfled, and aald he thought
it looked prrtty good, but it WBI only one
day ln the trial, and me def4-nce had had
several good days oefore and espeetOd
aeveral mme to foiiow.
The i roceedings dragpi d yesterday. JUB>
tice Ooff was apparently nnnoyed by th
long waits which occurrod bow aad than
whlle the "runners" for the defet
looklng for wltness.-s who dld nol reapond
when their namea wera oallad m court
According to tiie announcement ?
j sel. at the close Of court Saturdny there
! rematned only ten or twelve wltr.
: teetlfy for the defence More than a
j score were called yesterday. and Mr Bf< -
| Intyre said aft.: COini that fiftaen OT
i twenty more wot-ld probably he oaliod.
I Some of them mlght not prove c l
j bowever, he added. He eald new wit
I nesBes were turnlng up every day. It
j seemed as lf the defenre Ware taking
' them almost at random yeaterday.
After four membera of Becker's former
"strong arm" BQ.ua I had fintahed thelr
testlmony. .ln contradlcflon to that of
Mrs. Rosenthal and Mmx hUrgolla, rehv
tlve to the clrcum.itances surroundlng the \
raid on Rosenthal's gamhllng BOUee, ln |
West 45th street. last Aprll. Inspector
Edward T. Hughes. who was in charga |
of the detective burenu, at POllce Hea I- ,
quarters. prior to his recent iliness. WBB
called to the wltness stand.
It was the Intentlon of the .iefence to
get Hughess tes'lmony on record that
he and not Ueutenant Becker. delOgated
Stelnert and Whlte, two of B-cker'a
former "strong arm" S'l'iad men. to arrest
"Big Jack" Zellg for cnrrylng concealed
weapons. Stelnert and Whlte are now
under Indlctment for perjury ln the al
legcd "frame-up" on Zallg, and "Jack"
Rose testlfied that Becker englneered th*
"frame-up" on the gang leader. No teatl
rnony along that llne waa admltted by
JuBtlce Ooff, and Inspector Hughes was
quickly excuBed.
Little Progress for Defenee.
The defence had no better luck wlth the
next wltness. Benjamln fBooh) Walker.
who was with Rosenthal at the Metropole
the night of the shootlng. wbb called fOT
the evldent purpoaa of dlscrt diting the .
testlmony of lx>uls Kraui-e, an eyewltti*ss
Of the rrime. and denylng that h- -aw
Krausa talklng with Rosenthal or at the
scene of the crime. as Kranse teatlfled.
The wltness deelared. however, that be
had never seen the Krauee who teatlfled
at the trlaJ and dld not know Whetht r it
was the same Krau-. witti whom be WBI
acquatnted. As Krause was not around
for ldentlftcatk n purposes. Waikt i WBB
promptly excused by the court.
Whlle waltlng for the next wltness to
put in an appearance Mr. Mclntyre
asked Asslstant District Attcrney Mo.-s to
take the wltness stand. He had the BB*
eistant rrosecutor Wentlfy a letter writ- j
ten by Mr. Moss to "a person," b it could |
not get the letter in evldence, It v,a.-. iin
deratOOd thu latter in questlon was writ- |
ten by Mr. Moss to "Jack" Sulllvan. and]
the defence intended to contend lt threat- j
i ened Sulllvan unless he eame forward and j
| testlfied for tho proseeutlon. Mr. Moss
! said ufterward he had merely urg<d Sulll?
van to come forward and tell the truth
ln regard to what he knew about the mur?
der of Rosenthal
Willlam W. Duggan. a pollceman, testl?
fied to conversationB wlth "Brldgte,"
Weber about three years ago, ln which
Weber accused Rosenthal of liwtlgatlng
the robbery of or,'- of Weber's gamhllng
houses. and alao held the murdered gam
bler reaponalble for the "beatlng "P" that
W?;ber recelved about that time at the
hands of a gangman known a? "Tough
Tony." Duggan admltted on eroea exam*
lnation that hc WOrfced as a detective with
Val OKanell on the Ua.st Side before the
latter left the Pol'.ce Department. O'Fur
rell Is now emplojed hy Becker's coun>el
ln roundlng up wltnesses. The wltness
Bald lt had not occurred to hlm to mentlon
his former conversations wlth Weber un?
tll OTarrell spoke to hlm about it re?
cently.
Hugo Newgebauer and Thornas Gannon,
mere boy prisoners. now conflned In the
Tombs awaltlng trlal on Berious charges,
were brought over from the prlson to
deny the aSBertlon which the OOnvlCt
Hallon credlted to Becker ln the Tombs.
when the latter WM BUnpOBOd to ba talk?
lng to Detective Whlte. that no Jury In
the world would ever convlct hlm of
Kosenthal'B murder on the testlmony of
a lot of crooks, and that the publlc would
be glving him a penslon for kllling
Rosenthal after the excltement had blown
over. The wltnesses testlfied they were
present at the time the conversatlon oc?
curred between Becker and Whlte, and
Becker never said any such thlng.
Tangled Up in Cross- Examination.
Mr. Whltman tangled up the two prlson
ers from tho Tombs badly on cross-ax
amination. Their descrlptlons of Whlte
and the explanatlons of how they hap
pened to be around when the alleged con
versation occurred were BOt clear. Tiie
Dlstrlct Attorney brought out that New
gebatir had been convlctC4l of grand
larceny and was now awaltlng trial for
murder. Gannon had heen ln the ("athollc
Protectory for robbery, he ndmltted. lt
appeared from the Dlstrlct Attorneys
uuestlons that he also was waltlng trlal
for murder.
"Dld you on June 17, 1912, murder Chrts
Larson?" Mr. Whltman asked Gannon
"No, slr." the boy replied emphatlcally.
Mr. Mobb dlvulged aome of the polnta
of attack the proeecutlon may direct
agalnst Becker in order to dlBcredit hla
testlmony lf he ls call?-d as a witness in
tiie examination pf Charles T. OtPp, a
manufacturlng Jeweller, of No. 1514 ('harlaa
Place, who appeared as a rharart4-r wlt
neBB for the defendant. Mr. Orpp gave
Becker a good character, and waa then
turned over tO Mr btooa for trOBB B?
amlnation. Mr. M<?s ask.-d.
"How dO people sr""ak "f Becker?"
Mr Uclatyre objeeted, saylng n date
rnuat ba Baed prlor to jniy W, when
Becker'a name waa ilral brought oul wlth
Rosenthal-a Mr. Moaa dld not walt for
nn answer. but asked if Mr. OlpP had
any frienda on tha pollee force. and waa
told that tbe arltaeaa kneei only Becker
aad hla brother Joha, wbo la also a police
pr utenant.
??Do you know whal nla frienda think |
of him since the publlehed aeeoanl of
juiv ur aaked Mr Moaa
?I objeet," ahouted Mr Mclntyre, rle
lag to hla feet Why, Mr Moaa, lf your
and my 'Bharai tera depended upon what
ls publlshed about Ufl in the paper* we
would have abeolutely no .standin* ln tbe
communlty "
The queatlen "as thea arlthdraara and
Mr. Moaa ? i.ntinued
v On rabraary It, 1117, h" **J*mt*Ui
an honeet woman and nn tbe tnai in
police court ? hi waa dlecbargad. DW
>-OU hear thla? A 1 dld.
Q.?Dld you hear thnt on November l".
1903. tb?- defendanl repreeented that he
)iud aaved Jamea Butler from tbe river
and becnui ?? of thi hi ? Ived hlgn
commendatii n and a medal from tha da
partment? Mr. Mclntyra objeeted ano
?.?.as BUBtalned ,. m
,, r>ld >OU hear tbat n .\e,ir nun tbe
defendanl al a rald vlolently aaaau
aml nearly killed ona of th* persons ar-,
reated ln the rald? A I dl
ii Have you been told by any pers'.ns
thal ln tha raida he mada ha was brutall
and vlolent? A i hava nol
g-Hnve you ever had a relatlve on
th.- police force? A Tee, a brotber, wbo
waa retlred a year ago
Mr. Hart then tOOk UP the rodlreet ex
analnatlon and aaked
Q?Have vou ever hea'd anythlng be?
fore this against the defendant Becker.
A No I bave never heard a derngatory
vvoi.i against Lieutenanl Becker.
The defence eandwlehed Its cbai
wltneeaae ln between tba otbei a taeaaaa.
patrolman Plle followed Mr Olpp. nla
toid of belna. In th* Hoti I M< tropola
ti.i- algbt of tbi ahootlng. Mr Moaa ereea
examlned tbe wltneaa In a aan
of votce. He aaked:
Q.?'By the Wa?. what were VOU d"Il.g
.there? A.?Drlnking.
Q.?WhO Wera you wlth? A.?aeveral
frlends
y Wer* you havlng a good time? A
No. 1 went tbera to eat and have a
Q.-Well, I mrar.. did you have a ;
ant time? A faa, I was havir a a aa
clable time.
y Vmi chaaed the moving automobl e,
dld yOU? A - Ves
Q.?You dldn'l K*'t out ln time to ,-,
an.v ona \
Q.?-You almply chaaed tb* car? a.? i
V'S
Wllllam A. Caanon, a former ke<-per In
the Tomba, bul now a for. man ln t;.
Hlgbwaya Department teatlfled thal
was employed ln tha City i*ris"n when
i Weber aiid Vallon wera conl
there. ii>- s.iw them fracjuently together
ln the counael room a.t the prlsun H<< was
not perrnltted t" teattry to any eonvef o*
tluns he overheard.
Mbhael Conway, a "trusty" ln 'he
Tombs, teatlfled that he had carrled sev?
eral notea between Becker and the coa
vict Hallen In tin- Tomba Tha defence
trled to have the prieoner Identlfy one
note, wi,ii'h was prevloualy admltted iri
evtdance, purpurtmg to be from rlallea to
Becker, Iii Whlch tha foruici denlad that |
ha evi overheard tba eonveraatlon be- \
tween Becker umi Detective VYhtte lnj
reaard ta th* RoaamthaJ marder. Oonaray
coulda'l Identlfy tbe not... but he thaugbl j
the color of tbe paper (yellow) waa the
aame.
Heard Becner's Reputation Waa Good.
Joseph H. Kranlsn, a butter and egg |
merchant, at No H Harrlson street, waa
called as a charaeter wltness, and sald
he had heard frorn mutual frlends of
| Becker that the police lleutenant had n
good reputatlon fOT peace and qulet In
the communlty. Martln Wallare. who
keep* a cigar store at No. 1710 Amster
dam avenue, was another charaeter wlt?
ness. Wallare sa;d be Introduced tba
j notary to Becker who accompanled Book
j er's lawyer, Mr. Hart, to the home of
Harry Pollok to obtaln an alfldavlt from
I "Bald Jack" Roea on the night follow?
lng the murder. Wallare sald he bad
never heard an\thlng against Becker, but
ha could not reeall that he had ever heard
any one dlscuss hls "peaeefulness" and
"quletnesa."
"(Juy t'ulKln, ass.stant ? hlef Inspector
in the Bureau of Kuildings. gave Becket
,i good charaeter for peace and qulet.
"Did you ever dlscuss Becker'a peaoe
fulness and quietneaa wlth any one else?"
aaked Mr. Mosa on eross-examlnatlon.
"No, 1 don't remember disrusMng those
parttcular ehatactatlatlei aritb any one,"
the wltness rcplled
At this polnt Mr. Hart began to read
the testlmony of wltnesses taken In Hot>
Sprlngs, Ark , In regard to converaatlons
they bm! had with "lam" Bcheppa Aat
ing Mayor Thomas J. I'etlt, Douglas
iiotchkiss, raaiinaalai Pi*aderteh B, .i"hn
son aad I'oiU'i- Captala Qaarga Hewell, aii
of Hat Sinln^s, were among the wlt
nesai-s riamrned bafara tbe oaaauadaalon
at the Arkansas health resort. The wit
nesses, or most of them, sald Hrhepps
was loatb to dlsi-u-s the Bosenthal mur?
der wllh any one whlle at Hot Sprlnga.
Johnson testllied among other thlngs that
leheppa had told hlm he, flrhenps, waa
tha "keynota ta tin- arhala situatlon in
New York." At another Ume Jolmson
sald lahappa sald tO him:
"I don't want you fellows to thlnk we
killed a man of any account (referrlng to
Bosenthal), that fellow ought to hav"
been killed. Hc was a illrty skunk. He
would steal other fellows' glrla from
them, and would steal thelr bank ac
cour.ts I don"t want you to thlnk me
a common murderor, but here I am. nnd I
never expvcterl to be ln this situatlon."
Mr. Hart had not Balehed reading the
dlrect testlmony taken by the commlaalon
when court adjourned. District Attorney
Whitman Is expected to read the cross
examinatlon of the Hot 8pilngs wltnesaes
wben court convenea to-day.
POLICE, FAVORING BECKER,
AID PROSECUTION'S CASE
The mo.-nlng session waa nothlng more
than a processlon to and from the wltness
stand of one policeman after another.
who went on the stand to give what help
they could to thelr a^soclatc ln trouble.
But tho prcsecution scored two big
polnts wlth these DOttoe wltnesses. Oaa
was that Beck-r dld not reach the West
17th Btroet atatlon untll 4:2o on tha mornlng
of tha munler, and the second. that the
raid on Rosenthal's gambiing houso WM
not an "honeet and genulne rald," as Mr.
Ifclntyra Inatata II araa, la at least one
partlcular.
This second polnt crodlted to the pros?
cutlOB'8 case was brought out durlng the
croaa eramlnatiiTn of Patratmoa Btetaert
and Whlte, two of Becker's old "strong
arm" BBjaad men. !
They admtttad that Herbert Hull, neph
ew of Mrs. Rosenthal. who was arreeted
by them as "Jt.hn Wheelman No. 2" ln
the rald, dld not tally Wlth the descrtp
ttoB Of "John Wheelman No. 2" in the j
siiKhtest degraa !
In the ain.lavlts swom to hy Beckeffl
"strong arm" Bqoad "John Wheelman
No 2" ls descrlhed aB a man of f' rty-flv.t
y-ais, wlth blacll halr mlxed with gray.
welghlng i7-r> pounda, and ahout Bva feet
eleven Inches tall. Rttll was lined up
niong-lde the grand Jury box whlle Steln?
ert was on tha stnnd. and he sppear-d,
M ba BJ, a youth of nln'?tecn years,
acaroejy Bva eaat cight bachea in balgbt
and with Jet blaek halr.
Stelnert. over the obJacUOM of Mr. Ba4>
Intyre, WM aaked to adantlfy the youth.
ThN he dld, and then Assiatant District
Atti rney Moss produc4-d the court nr> rda
swoni tO by the "strong arm'' squad
man m whl h they gave Ball'a age aa
thirty-flve years.
An attempt aaa made to make lt ap?
pear that the thlrty-flve years aacrlbed
to Hull was due 10 a Clerteal ? rror, but
thia contanUon did not atand up undor
aa Bre of tha Assistant Dtatrlct
.ittomey.
Patrolmen'a Recorda Exposed.
i>f almost <qual lmportance wbb the
plactng before the jury of itetnerta aad
White's records. Mr Mclntyre fought
nard to ipart lha rwo pc.iicemen from
belng forced to admlt that they had been
Indlcted for perJury-though lha nature
of the ertrne waa not othcUUy reveal.-d to
the jury as the reBUlt of the arrest of
"Big Jack" /.?ii>f.
Bul tha queeUona of Mr Moaa irft no
ln the mlnda of the Jury. The As
atetant Matrtet Attornay made it plall
the two poileamea had baaa prlBjoaera in
tbe Tomba atoog arlth Ueutenanl Becker,
aad they ware there for the alleg.nl
?fran e-up" of Betlg. whl b
lutting. it la cha revolver
ln the aaad Uaader*a pocket. and then
I hlm with the crlme of . arrylng
aled weapona.
i life aa B walter and bartender
rta before ba became u
ri ,.f the police force w
are to the jur>. One dlve he workad ln
was tbe Hayinarket This ilttle bll ot ln
terestlng hlstory wafl told by Whlte hUn
Baif over tbe i .u.bjocUona of Mr. M -
Intyre, who Bucoeeded, bowever, ln pre
ventlng Mr. M?aa from havlng the wlt
naaa daaertoe the a.-ta of hanworallty and
. wluteaaed wWla aa empioye
,,f th< liaMl.arket.
Patrolanaa Joaeph I Bhephard, one of
the "atrona arm" aquad who partlci
pitedln^h! rTld on Roeenthala bouaa tn
. on dlrecl examination
. ,, t4HH tba llral wltneaa of the
day He v,.in croaa eiamlncd by Mr.
Moaa f' r the BOW or so he wa* Ofl the
st.,nd aith n, ertlj aegattvi rt ilta VFhat
profit be waa ta the pro
ln his failure to anawer queatlona The
cra B-? tnaJlnaUoa elfctted Ihe followlng:
q ,,-., ? on aaa Mr Roaeathal lha aay
0'Q%orwdlong were you ln g*Ungthe
, :'.. Bg-lnat Roaenthara? a About
i?if to three-quartera of an hour.
bg Dld ? <?"" "ho !?/?\tbt
Bambllnfc ' ? -" " '"^"..""^ore BToTn
Sldn t aee their taoea, a* tho) ware green
,?,, (be green shades .?oviriMt
lalr" A - I'artly They -am- down thia
far (Her* the wltneaa Indlcated a line
hree-quartera ot an Inch from tho ta* of
J... forehead and extendlni half wa>
i'^oii'hlvaa warranl for u.n
ii Ji? a i doa't Bnow.
i, Dtd n.taveona fora man aaawar
Ingthe deacrlptlon ol RaaaBthalT A. i
don't hi , .v..,o . f
q Why doa't you know that. A.-l
1 ' :-' ' *ilU hm' v,im ,.t tt,.. rak-'
y? Dldn t you see hlm at ttu i.iks
Club'' A.- N"
Mr Moss asked Shephard several ques
tlons about Freeman fl and other Tend'T
loln gambiing hout.s, but the wltness
I rofeoaad Ignorance.
Patrolman a Wary Wltneaa.
Patrolman James C Whlte, one of the
two "strong artn' nvn Indlcted for the
BllagOd "frame-up" of "Wg -lack" Ze'.lg.
araa the naal wltaeai Ha lookad m al
. bt took thi oath to tell the truth,
and In anawer to Mr. Mclntyra'a opening
,,,,,. deecrihed himseif ..nd said he
aaa forntorly a aaambar ol Baokar'a
aquad In his aaawera he was wary. hls
examination procoedlBg aa foilows:
Q Do >'>" know the premises of Bo.sen
thal ' A I knew tbe I rtinlsts of No.
..^ Weal loth street.
u where dni rou receive lnstructions
to rald Hosenthal's? A -In Itoom 106 at
police lleadtiuarterfl from Ueutenant
S -Waa Max Margolla present? A.- I
dldn'l aoa hlm. l'tn pretty Bure he
waan't ..... ? . ?
a Dld you see Roaettthal tliere. A. I
dldn'l know hlm.
After daaerlMag the rald Itaelt he was
iisk ii if in aaw Mts Roaentbal al any
time. Tha aaawaf waa typhai af tha wlt?
ness. It was:
I saw a woman."
u Where? A?On thn parlor tloor.
S i>iii you st-e Ifra FMoeothal si>eak
to Lieutanaat Becker? a i did not.
.; Dld you aaa bar down in the baae
metit \Nllh I.'.t-ntt n.uit Mei'ker? A ?I dld
not
Tbaae two roptlai wara a tit of a eur
prise t4i B.iktr, who had cx per ted hl?
rmiiiir sut*<irdlnate BB back up the story
told by athara called by the defence to
throw down the story told hy Mrs. Ro?
senthal, who testin.d Becker said to her
when aho aaked: " 'Charley,' what's the
BMaatBg af thls?" "Sflh! lt had to ba
lli-rmau or mit."
Mr Mclntyre then took a new tack, and
I aaked the wltnesa questlons to destroy the
I effect of the convlct-lawyiT. llallt.n's tes
! tlmony, who swore thut whlle awaltlng
tranefef to Slng .Slng from the Tomba he
loveihiard Becker In B talk wlth Whlte
! admlt the murder.
1 Q,?Og Friday. August 21. were you ln
I the Clty I'rison? A.-l waa.
Q?On that occaslon dld you say to
Becker: "Chlef, I have be?-n looklng for
you ln your cell. I h artn d strajght from
whltmaa'a man that lx>ula had been
foiiml unil thnt he had told Whttmun
everythlng." And dld Becker say to you:
"<?ti. hi'll! Buppoec be has. It Is only the
say-so of mi re crooks. Now, see here.
?Jlmmle,' theie ls no one going to testlfy
agalnst us but professhmal 4-rlmlnals.
.No Jury on earth would belleve them.
Just sit fast and deny everythlng. I tell
you when all thls senflatlon ls over the
publlc will give ua penstona for kllllng
that damned crook Rosenthal." Mjgtfl
thing llke that happen? A.-BositlveD
not.
Then ln answer to other questlons
Whlte, who weara eyeglasses, dresaea
w.ll and looks more llke a bookkecper
than a policeman, said that the rald on
Roaeathal'a waa an "honest and genulne
rald."
Mr. Moaafl cross-examlnation waa
searching and thoroufeh, and Whlte,
waltlng for it, and knowlng hla life was
ar, open book to the proaaoutloa. anowed
ao baattaaey ln replylng, heutjing only
wneri Mr. Mclntyre rOM to hia feet wlth
an objectlon.
The orota amamlnatVrn waa aa follows:
Q.?How long bave you known Becker?
A.?About i ao yeara . m?
Q What arera you before you became
a policeman? A.?daleaman. tartendcr.
wait.-r, pedler and manager.
ii wbera arera you uefore you were
tranaferred * to BecKer's aejtnvdT A.
Twelfth l'recinct.
y.-How did you become a member oi
his squad.' A.-I was transferred.
Q fea, 1 know; but why? A.?I don i
know.
ii. indn't Becker tell you? A.-No.
Q.? Where were you a walter? A.?At
the Parh Vlew Hotel, No. UuO Hixth avenue,
at <'lark's on 23d Btreet, and the Hay
market. .
(J.-Waa I'lark'a an all night restaurant?
A Ves.
Q -Was No. f/v Sixth avenue? A.-Vpi
Q-WIt-ii dld you nrst go to the Hay
market? A.-A llttle after the Dewey
celebratlon.
Served Firal as Waiter.
g. What was yoUT tirat work at the
Haymarket? A?A waiter.
<j. Servlng drinka on ihe floor? A.?
Yes, at tbe tables.
Q. Hoa long dld you do that? A.-For
aome time, then l waH bartender and later
floor manager.
y ?Dld vou know the charaeter and
reputatlon of the. people who were there?
Mr Mclntyre objeeted and was sus
talned
o. Dld you see anythlng Immoral and
Inaecent ln the artlons of the, people
thi re?
Again Mr. Mclntyre objeeted. and the
co'irt auatalned hlm.
Q Dld vou know Herker there? A.?No.
Q U'ere vou at the Blks' Club on New
Year*a Eve? \ i was
Q. vVere other pollcemen there? A.?
Yea; O'Donnell, Btelnert, Dougbarty and
two other membera of l.leutenant Beck?
er'* squad.
>1 Bt??? Bosenthul there? A. No. slr.
Q Dld you know hlm? A-When he
"?nn polnted oul to me in March.
Q Where were vou? A. -Tn the hall.
Q I'dn't vou Mt ar tbe long table at
the r.lks' Club wlth Lieutenanl Becker?
A No. I was In the hall.
Q What Wl r>. you dolng there? A.?
K- . plng order.
i.i Keei in?? order at tha Klks' <"iub?
A Yea, Lieutenanl Becker told me to
Mi order wis malntalned there.
y What were the other oecastons of
your belng ln the Klks' t'lub A.- To keep
order
<j Idd vou arrest "Jack" Zellg May
11? A V.S.
ij For rarrylng concealed weapons?
A Tea a .
q._\Vhere? A. -Tn the hasement of the
premlaea a' No 71 Becond avenue.
Q Dld you Bwear you found the re
VOlver ln his pockef A. YOB
'i Dld you not on the contrary nnd
that be bad no revolver? A.-I dld not.
'j And wai lt not ln conne. tlon wlth
ll vou were ln tha ".'Ity Brlson?
V Y.?
Whlle Whlte w-is belng cross-examlned
Justlce Wllllam P. Rudd. of the Hupreme
Court ln Albany, was escorted to a seat
nlongslde Justlce Coft.
Bitrolman Charlea Btelnert, once a
member of BeeBer*a eovnufl, ar.d alao under
Indlctmenl for perjurj wlth Whlte. waa
tbaa called Hls testlmony on tho dl
reet wus not of any particuiar advantage
to tbe defenoe In many Instancea he
negatlva repttaa t" questlons bv
taaded to produc* reapepaaa favorabie to
Becker, and in many cases the rullng of
tbe eOUrt on Mr Moss's objectlons pre
v. Dted bla anawerlng,
He teatlflad that he dld not hear any
eOBVeraatlOO between Becker and Mrs.
Roaenthal.
im froaa aiamlnatlon Mr. Moaa asked
blm:
(,? Dld jrotj ever work wlth Becker'
a Not untll i ?ot on tha "atreaag arm"
? iuad
Applied to BecKer for Job.
Q I io v.iu know how you rarne to gel
on ti..- equad? A Y,-s; I had been on
the blcycle squad for flve yeara, and was
tben aeat to patrol duty. I asked aev
eral frienda to tr>? und help me to get
an asBlgnmi nl to a poaltlon where i
could be boni'. with :ny wlfe and family
l was referred to Ueutenant
Becker and made an appllcatlon t<> him.
and li" lold ma ha would look me un and
s.-.. wint he could do for in<-. Then i
iolnti d to iii" squav,.
Q._wer* you frequently on expeditiona
to look up informatlon axalnst gambltng?
A I was
Q Dld vou talk wlth Offlcers Whlte
aml Bhephard when they left the oourt
room' A Yea
y Dld v. ii fltaa the eorroborattng affl
d ivlt ln tha Rosenthal warrant? A. -I
dld
Mr Moaa then read the wltneas's affl
davlt to the Jury, tn whlch Hull was de
b< rtbed as "John Wheelman No. 2." Mr
Moaa asked the wltneaa to deacrlbe "John
Wheelman No. 2." The wltness dld and
It tallied wlth Hull. Mr. Moss then asked
hlm If he had any deacrlptlon ln hls affl
davlt that WOUld fit Hull, and the wltness
replled he thought "John Wheelman No
1" would flt the nephew of Mrs. Rosen?
thal.
When aaked lf Bhephard told hlm there
was a clerlcal error there eonccrnlng
john Trheelman Mr. Mclntyre was on
his feet protcsiing agal ist the questlon.
saylug lt was mlsleadlng and not based
on facts
The court ruled Mr. Moss might ask
the questlon. Without waltlng for the
wltnesa to answer Mr. Mosa fired this
questlon at hlm:
"Dld you hear what Mr Mclntyre aald
Ji'st riow?"
"No, I pald no attentlon to him," Bnld
Btetnert
"Nobody paya any attentlon to me."
?ald Mr Mclatyre aorrowruUy, aaaetag a
rlppla of laughter threugboui the court.
Tbe altiaaaa. Who had been calm In his
repUee up to thlH point, grew savage and
Bnapped oul lus anawera when questioned
about the arrcrft of Zcilg. He denlcd any
framlng up
Mr. Moss strengthened the case for the
pro?ecution when he had the wltneaa
contradlct the lmpreaalon created by
Whlte. who gave the Jury to underatand
that Becker knew nothlng o* the arreat of
Zellg before lt was made. Stelnert aald
he bad been asslgned to asslst Whlte ln
the arrest by Becker.
An effort to prove hy the recorda of the
County I'ourt of Brooklyn that Morrla
I.uban, a wltneaa of tre murder, was con
vlrtid of a felony was frustrated by
tho ol Jectlona of Mr. Moas
Disappointment to Defence.
Patrolman John D. 0'(-'onnor, a huge
policeman with a atentorlan voice. was
the next wltness. Ho was a member of
Becker s squad and testllUd regardlng the
raid. Hls testlmony was so unlmportant
that Mr Moaa dld not cross-examlne.
Batrolman Arthur Carmack, alao a
former member of the "atrong arm"
squad, testlfled. He alao proved a dlsap
potntaaeart to Ihe defence, aaylna he dld
not see Heeker and Mra. Rosenthal .n
conversatlon.
Grant Crahtree, a clerk at Police Head
quartera, waa called to prove the actlvl
tlea of Recker'a squa.i by recorda of tho
Police Department Ho was excused after
Mr Moaa blocked every effort to get aa
much as a word oiit of hlm, cxcept hls
name and place.
C. Wllllam Jones, one of the managers
of Hammersteln's Ylctoria Theatre, was
called to dlsprove Luban's aesertlon that
the Victorla was open on the nlatht of the
Rosenthal murder. Mr. Jones said the
theatre waa closed, but the roof garden
waa open. Luban testlfled he spent the
early part of the evening at the Vic-.orla
Theatre.
Lieutenanl Ernest L Vba OiezelJ-ki. of
the West 47th street statlon, the laJt wlt?
ness of the morning, proved a boomerbng
for the defence before five qu.stlois had
btaa aaked him by Mr. Mclntyre. Krcd
erlck H. Hawley, who swore that h ? waa
with Becker almost contlnuously fn m
3:30 to 8:00 a. m. the morning of tha mur?
der, and sald Becker dld not talk with
Baoa or vYeber, teetHted he reached the
Weat 47th street statlon with I.leutmant
Becker about ten mlnutea to 1. He was
examln.-d, wlth the followlng result.
Q -Do you remember the night Rosen?
thal was killed? A. Ves ">r , .
q._You were on statlon house < totj
that night? A.-Yes. Blrj from mldnight
"ti-bitrot. see Becker m the statlon
hou.se? A.-Yes. slr. ,.
Q.-When dld he reacb there' A--4.-?
a m. (after con.sultlng an entry theiWU
nesa made In the statlon house blotter
on the oecaalonV _ .,
Q.-What time dld he leave? A.-l can t
exactly tell. , ... _??,,,,?
Q-Was he on the BtePB of the sta bn
house before thal hour. iMI A.-He was
not ln the statlon.
Mr. Mclntyre was plalnly surprlsed.
He was pulled by the coat by one of hla
asslstanta and. after a talk wlth the lat
ter, asked:
Q Do you know what time 'he auto?
moblle was eiamlned outalde tiie statlon
house? A.?About I O'cloek.
y.-what tinu- did Coroner Pvltiberg
reach the statlon houae? A - l'<''.lr;;ir'>
a rn. (again after oonaultlng hls blotter).
u what tlm* did Diatrlct Attornej
Whitman arrlvr?? A. Tl r.-, -twenty (once
more consulting the blotter).
The proeeeutlon wa* aatlalled with the
wltness, and after a perfunctory cross
cxamlnatlon he waa ea< ueetl
- i *
LETTER CRANKS IMPARTIAL
One Attacks Whitman and An?
other Abuses Mclntyre.
John F. Mclntyre yesterday made pub?
llc aome of the anonymous lettera he has
been reeelving slnc the trlal of Lleuten
,int B.-cker began. The followlng postal
card was mail-d frorn the Tlm'-.- Bq lar*
staiion on October 80.
Is there anything a yank wlll not do
for money? You miaerabla cringlng aor
dld defamed creature to defend the Jn
famous thlng Becker. f bave read ln the
papers >ou hava already been threati
' wlth Death and whlle as a forelgner ]
do not advocate murder (U. 8. A. civUla*. '
; tion belng unknown where I eame frnrB
Thank Ood) i eannot say you do not de.
aarve it for defemiing the rottenest and
most deapicable i riminal the world haa
ever produiced 4?r ever win produce.
I iSlgneili ORDINARY DBCENCT BTJT
WOT U. 8. A. BRAND.
Another writer would have Dlstrlct At?
torney Whltrnan's record looked up. Ha
i wrote as followa:
D. ar Bnr: Klndly aak the Diatrict At
torney why he dld not proaocute tha
bankrupt foreign hanker, l-'rank Zottl.
Zotti is in bankruptcy over three J a
he Robet four grcenliorn for a half a
rnlllion dollar ami whltman nevei
cuaed hlm. Whltman la Zottl's frtend ai.d.
lawver and he proteoted hlm Zottl ls al
three years ut.der 1-i.uO) hall but
under Whitman's protection he aill BOVer
ba tr
If you take np thls matter ln the rlgi-.t
urky J/ou will dlscover a great W!iltrn:<n
. drel. If Whltman Is a real proae
i utor 4>f Grafters how he will bt in tba
People'a Byea, lt will he no nvre than hls
duty to follow up thls matter. If yoj
i sk the Auatrian consul you will laoawa.
tnore details.
A complaint agalnst Zotti was hrougrjt
to the District Attoir.oy's BbbVm IB IMb,
WBOB Wllliam T. Jerome was DtattrtOt At
torm y. Z4>tti was arreated and y."i out
Ofl a writ of habeas corpus. The writ
? i and an appeal '**? -i
through the Appellate Dlvlsion of the
Bupreme Court to the Court ot Appeaki,
where it waa tlnaiiy dlamlased ilr.
VThitman before his election h* Dlatrl t
Attorney was Zottl's personal attorttef,
M ban he found the case Bgaiaal Baa
formi r cHenl ;n hls offlce. owing to t ?>
eaiiler relatfoneatp between them he r
terred it to Attorney i>neral <'<>r-nody.
Ji, jjho a letter was raeelved from the At
torney General to the effect thal ia
fis one of his deputlee flnlahed aome b'isl
aeaa then under way ln yueens County he
WOUld tak? up the case. BJiflCe then noth
ing has been heard from tha Attorney
General. Zottl was never Indlcted.
a
SUSPENDED FOR FORCED TIP
Clerk Punished for Letting Fee Be
Pressed on Him.
Surrogate Cohalan rendered a decislort
yaatarday, ln which tiurrogate Fowler
concurnd, th.it Loul- J. Flanders, a re
cording clerk ln the gurrogatea' offlce,
should ba auapondod for a month wltho-.t
pay.
Elaadera w-aa tried by the Surrogatea on
(he Charga that he had acceptcd a fee of
J.i f' r procuring lettera of admlnlatra
t:on, th" ucceptance of any fee by an em
4,f the Surrogatea' offlco, except fo?
tranaotlpta of japers belng agalnst tne
law.
Flanders has already been under eue
Boaaioa for about two montha awaltlng
t ..? dispositlon of the charge agalnst hlra.
The peraon who pald the 810 to Flajidera
tCOtliVd at tha lu-arlng that he gave the
clerk tho money agalnst the latter's pro
test.
Strong Fiction
Brilliant Articles
Advertised Politics
Are some of the features that will make our next
SUNDAY MAGAZINE
Well Worth Reading
The fiction is by S. Ten Eyck Bourke, Charles Francis
Bourke, John Kendrick Bangs, Ann Mazzanovich, Grace Dufhe
Boylan and Gordon Holmes.
The articles are by "A Famous Lawyer" and others.
The advertised politics is contrihuted by Chairman Hilles,
of the Republican National Committee, and by Woodrow
Wiison, whom the Democratic party wants to make President
The
Great
Court
By
A Famous Lawyer
N'ot fiction, but more interesting in itl way. How man*
thrilling caaes never reach a public tr:al, being settlcd by the
right kiiid ol lawyer* in their private offices.
Advertised Politics
We don't usually gdaartiac oar adYertiaeraenta, but the contnbu
tions by Chairman Hilles and I>r. VVUlOfl are io unusual ind so
inttrtlting thal many people in both paitiea will be glad to kr.cw
of tlicm in advance. Eacn p.irty tosti an entire page of our next
number, tt regdlar fcdvertisiqg ratea, to udvocatc its politics.
Read both ajdea
The Law of the Beach
By S. TEN EYCK BOURKE and
CHARLES FRANCIS BOURKE
is l rattling tale of lifesaving by the aid of an aeroplar.e at
Tlarneg.it Heach. One of the beel ever.
The Road to Albuquerque
By ANN MAZZANOVICH and GRACE DUFFIE BOYLAN
A tale of a wlnte school teachcr's cxperience with an insane
telegraph optrator in thc land of the red men.
Love Letters of A. Noodle, Esq.
By JOHN KENDRICK BANGS
narrates in Mr. Rangs's most hamOTOOl vein how a clever lawyer
saved a'client in | cksperate brcach of pronme case.
No Other Way By gordon holmes
Another fine instalnient of this great mystery story.
The Cover Design By frances rogers
is an unusually clever and arlistic conception.
ALL IN THE NEXT
Magazine Section
of the
SUNDAY TRIBUNE

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