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4 THE SUN, FRIDAY, OCTOBER 11, 1912. Man Who Identified Gunmen, and Whitman Aid EI S.Alt mau !v:(lln. SUBMARINE MINE MAKES Continual mm I'lrtt Vaie. Hot into the. newspaper. Anil onn of these new points nnnirml. Heckor Is the allegation tlint li) tallied in lib house with Ham .Sohcpiw about the innrdor, asked which ninn hnd shot- Rosenthal nd Inquired If nil of them had been paid for the job. Tim Jurotn spent List night nnd will spend many. more nlnlils at lh .Murray Hill Hotel. Justice (!olT ordered that they be locked' ti, as the phrase noes, for thn rest of thn trial. And ho for possl bly nix weeks their services to the Stato will keep them away from their families, 8 well ax from their business, The t wolve took thn order in good part. They weni disappointed, hut they appreciated the foroe of Justice Golf's comment that It would ho Ih.hI for them personally as well as for th public interest that they be kept together. Filled Jury How llnlclily. The first business of tho fourth day of the trial was getting a twelfth juror. Under orders from Justice (lofT a now panel of 100 had been drawn and a good percentage of tho p.mel were in court nt 1)1:30 A. M. 'the examination of tho talesmen proceeded briskly. .Mr. Mc lntyre hnd four ih-romptory challenges left. Tho District Attorney had one. These were used up rapidly. One of the talesmen challenged by Mr .Mclntyro watt Otto T. H.iiinnnl, banker and llepnb lican candidate for Mayor in I'.ci'.i. S.unuel II. Unas, ,1 man of middle ag nd of (ierman descent, was the sixth talesman. He was acceptable, to both idea. Mr. Haas, liko nearly all of the rest of tho jurors, is substantially built. He has thn strong jaw and thn blue eyes favored by Becker. Ten of the jurors are blue eyed. Nearly all are heavily t huilt. All but two are married. Hecker profe-s(M to be exceedingly pleased with the jury and does not fores.ee any verdict save acquittal. Many Women In ('riiirriril Court. The crowd was increased in size over tho previous day More women were among the listeners. Several of these worn literary specialists with iUer hats and untidy hair They cast scornful glancerf nt each other and imiuircd if ono had read "the awful stuff that woman has been writing " Dark faced gang sters of tin; Kast Side were bore nnd there in court, but subdued and cautious in their movements. Uiwyers drifted in to study "Brother Mclntyre's or "Brother Whitman's" handling of the case Mrs. Helen Becker, wife of tho man on trial, hnd ehmged her seat to a chair at the left of the court room and well in front, where at. all times she could watch her husband And, liko her husband, she was poor material for the "sob squad " Very intent of course on all of the pro ceedings, she exhibited no apparent ner vousness. Shi smiled fiequently. The lieutenant was quite at ease. He turned often to smile nt acquaintance He was interested In the inning by inning scoro of the Giants-Ked So game. Whitman Open III Tune. The business of filling the jury box was over at 11:110 A. M. District Attorney WlUtmanaror-e at once to make his open ing address. Hm manner is easy. He Uses few gestures and speaks in a well modulated voice. Going back lo midnight of .Inly 1.1, IM2, Mr Whitman took up the stoiy of tin; crime with tlie entrance ot Herman 1oh-u-hal, already an infoimer against Lieut. Decker, into tho restaurant of the Hotel Metropole. He described the murder and the escape f the murderers. He paid that not one of these men had a personal interest in the death of the gambler. Taking up I.ieut. Pecker's career the District Attoney pictured luio as a black mailer and a grafter, a partner ef lioM-n-thal's until treachery to Rosenthal earned thegambler'shaued. Ilnokoof Ikvker's employment of Jack liose as a giaft collector and said that the Stale would prove the facts of (o'Jection and of the meetings between I'col.er and liose when graft money was paid over. Ho dwelt on HeoUerV growing greed. He said that Becker was ordered lo raid Itoseiithal and that when Itovenlhal wouldn't tonseut to a fako raid Becker acted anyway mid gained Rosenthal's everlasting hate by attesting one of Rosenthal's voutig nephews and having the youth indicted. Mr. Whitman noiuted out that Rosenthal was not attested although he was standing across rhe street when I lie raid was made. Describe I'lnn for the .Murder, For a variety of reasons Rosenthal decided to expose Becker He made public charges that Heokor wax a gralter. Becker then arranged for his minder. Becker hud seen to it that Big .lack Keljg was arrested for carrying a concealed weapon. Becker put 'Mi in the Tombs. He wan willing to get Zelig out if Zelig would find men for the killiugwf Rosenthal Zellg refused to treat unless ho was let nut on bail. That was attended to, Rose and Roho's friends (hiding the security, ami they gave Zelig money with which to get out of town. This part of the District Attorney's address was especially Interesting I'm cause, it showed what JCellg might have testified to if he had not U-eii murdered. Mr. Whitman went on to say thut ltos having obtaiii"d the names of four gunmen bargained with them, but timorously delayed the killing although linker was demanding nearly every day that Rosen thal bu murdered. Becker was giving tiimilar orders to Bridgie Webber. asara.'.v hi & t - 7. TI i ..J Explodes Pi'omatiircly in Tests Conducted Off Fort Wndsworth. HAVE ARRANGED FOR THIS DAY INTERESTING SALE OF (FRIDAY), AN m U.ol.' r' .... S.'.V-aA:..': i'.l V m 1 BOATS A UK ITT TX 1'KRIL Lmnitli Towing Targets Nearly Swnniiied b.v tho Hesulting Maelstrom. LOUIS KRAUSE. FRANK MOSS, Assistant District Attorney. what his condition wan nt the very time minutes before the shooting. H wt ' home. 4.3 West 15Sth street; married. the Police Oeo.irtlllent nf ftlts eltv U'ms ll lllall come not of thw hnll nlu ItlaUi fi I u w . , , . .... : i-- . i , . I , 1 wetn-u i, v itivy, niecnHiiicai en- conducting a diligent search for Rose; . KriiUM stmKl up mid reproduced Knot.r- home 4") West Klftv-seventh that Becher told I'ollok that Rose would ;! "Riml for the jury-right arm up. ' JarXj " Wl "ntn be all rlchi- ilni f.itli.tt's hn wn n ' forefinger laterally across the fotehea!. .... ... .i , . , I hen he said auotlier man cume out and ' '! T. Kammerer. retired cloth- s. .. ..,.,,- tr i... n, .um nun ne wuum was shot lown hy four men. HW manuracturcr; home. 1S7 call him up. , IU- was positive tliat all tho men had Kortv-slxth streot: unm:irrleil. ..... . ... iiisiois, i .in ne saw only inree lire shots. "hrnii. nt lleeker , lloii.r. . Ufl coul(, ,(1,.Ility t,R; iret. ,k ,,,, "We shall prove that Ros-e, at about tllH" ffeing Bridgie Webber running T o'clock on Wednesday night, beco.n- I'1,, ' fr,'?,1ir"y "",l,r fUfi , HCtl ,,.., .. , ,, , - ., .. , iSillnvan liending over Rosenthal bodv Ing susp clous of Iteclter for the llrsl all(1 . ,uniillJ! to 111HI witu time, told Sain Schepps, who was w ith a laugh and some remark. him, the tru story of Keeker's rela- , lirause had suddenly identified Webber Hons with the murder, nnd urged i and Sullivan weeks ago at a Coroner's Schepps to go to Meeker's house from ! wrj"K and his identification was tho Rose. tel. , aout Rose's condition , WW!!-, MCZZr," and satisfy himself. If he could, as to, a, l)oi.,, .)t,u. (;orr .., tlll. ,i,H 11. Alfred Kellhelmer, architect; home. CTC Riverside Drive; married. 12. Samuel II. Ilaa.s, accountant; home. 27tf Kast 2(Ut .street; married. ZELIG S SLAYER BREAKS DOWN I'umplrlr ('nrrlon i;iirvteil 'on I'roni "HrU I'hll" llnvlilaan The expected physical breakdown of Wei gunmen and Sullivan. Webl-er was not the man characterised bv (iyp tho Blood Just what I'.ecker Intemled to do. shall prove that Sam Scheptis did go to brought m leeaue he is not chargtsl . .... , .' ' , .. ".i. u,i,,i' Hecker's house. ii,,,t he .11.1 nn.l 1 with crime, (iu.mled by dei-utv sheriffs Ioui" anJ the o her Rosenthal i,,... .. ...11. ...1.1. .1.... the prisoners came un the ais lel bv Kmiinen as a (lersou of little nerve came d!d k ir , . : : ' ' !: " ' "' Th.r took posltions.at yesterday Without counsel, without aid . , , ,, " , . "" ,M,r wln 1,I' on the extreme right, irotnauv one who might have been behind tnni ne urgeii him to comrurt Rose, that , Dago I-Vank next, then ltosenlwrir mid M. ;.. .i.. . wi :. . . ... .. ... " . " 'o niuiiier ui oig uacK f.vns. he should tell him not to worry, hut to i Whitey lwisaud finally Sullivan on the trust nim. n-clt'T, that he would pro- ien. tret them all. that If the gang hndn't I Krnuse n frnHtx Wilnra. killed Rosenthal that night he would ! Krmi.. .iiinv...i .... ..t have done It himself: that all Itoe had I iiim or fear asj direclisl by th.j .Iu-tic Red I'hil" Davidson fell to weeping in his cell in the Tombs and was a nervous wreck before, night. Assistant District Attorney Minton, to do was to act as he. Meeker, dlrect.sl. . to noint out Whltev !.ewls. lit. I..fi ilm.WMo 1H handling tlie case against David and that they would all get otT. j witness cli.nr and faced tho five prisoners. , "on, is hoeful that out of tho fear that "He asked Schepps If those fellows, W,! " n'l."1 Re-ture he llicked Whitey caused the breakdown a complete coll- meanlng th money all was all right. Me further said to eves off ICr.n.-.. Zellc. Schepps; 'Who of the four really shot' "N your name Frank Muller?" Justice 'l'his morning Da vidon will be arraigned Itoseiithal?' or words to that effect i iofl asl.isl the man identified. before Judge Swann in (ieueral .Sessions Schepps nald he did not knuw. Meeker' .X" h"ul Muller shortly. 'Jo plead to the murder indictment re- .il,l "V,. m.,ii,.r i.i,.. .ii.i it o i...i.,.il .you soinei ones canco nuner .u.uv.i (;uiiisi nun viieroay unless ; . " ... .. "i i-wis-' one an lour iii uein snot nun, nut tney :e,l Schepps If thoe fellows. ,'"! " n'' ."" ,-,l'r" '" '"c,Kl,,l niley caused the breakdown a complete con- the gunmen had g, the'fe "I'.'ieu," tek'e Ch t u.ls'T W,f" fl"d 'J " wi right, nnd schepps said that ti, couiwel table, never took his ' ' known dany one urged him on to murder White turned against him vi-lerdnv some lawver amv.nrs for him tliAii miinuil him, hut they ' -o. I'm not " s.llfl the hrionnur vlnrin tw , will be assiirntsi hv flit, rniipf have got to prove conclusively whlcti i at Kr.m-e ' Assistant District Attornev Minton was i "Which is RoenlHrg? asked the court 'o nusy with the Becker case to mako i muse isiuiKsi oi l l.eitv ixjille with- nmtii prouress as to U.1 Vinson. iivn out u visjond's hesitation. he was asked whether or not he liad nuiiei allien i ne man n.Toro they can conlct nnvbody." .More of the con versation between Schepps and Deckel will be glen In detail. Three submarine miues conlaiiilng trotol, a new and powetful ozploaive, wore net orr yesterday morning from Fort Wads wort h . One of t hem ex pkxled prematurely and nearly caught the launch that was lowing the target and it sloop that hovered about for tho fish that the explosions would fun or kill. Is is thought that thin mine was struck by a submerged log. The occasion for tho exnlodinr of th mines, tho other two of which went offj properly and smashed their targets, was the annual practice of the Marrows mine command of Fort Wadsworth. Trotol, per haps tho most powerful explosive known. was used for the first time in these waters. Trotol was the invention of a German chemist about twenty-live or thirty years ago. It is now one-third as cheap as gun cotton. In the discharges yesterday 100 pounds of the explosive was used for each mine. The mine command was the Fifty-fourth ComKiny, Coast Artillery Corps, In com mand of Capt. Harrison S. Kerrick. while Major Robert Abernothy kept score. As the other two mine were exploded suc cessfully and smashed their targets, the one that was accidentally discharged wasn't counted and the score was called inn )ht cent. The mine were planted by the steamer John M. Schofield. a Government boat ilesigmsl and equipped for the purpose. The llrsl mine was fired at 11:45 o'clock yesterday morning. The mines were submerged to a depth of ten feet below the surface and had electrical communi cation with thf firing station hidden behind the laudworks on Staten Island Before the firing, vessels showing any signs of hearing the danger zone were warms! away by a red flag shown from the fort. When tho mine was in place its position was marked with n buoy and then the targets, rafts atiout six feet square with upright shields, were towed over the mines. After a raft had been towed to a position approximately above the mine Major I.amlon. at the electric key ashore to touch off the mine, was notified and he exploded the mine. As tho water spouted heavenward the target split into driftwood and the sloops rushed in to set their nets. The second mine was the refractor one. While the flshermen wero still drag- the s.Tond target and with over 1.000 feet of towline made for buoy two. The buov was left about l.Vl feet' astern and the target wasn't anywhere near over tho mine when without warning the seconu mine went on and doused the towing launch nnd a nearby fishing craft with an avalanche of water. It seemed from the shore that the boats had lieen swamped, lo keep the launch on an even keel Capt.VKerrick slipped the luwnuu oi ine rail. WINTER BLANKETS, BEDSPREADS, COM. F0RTABLES, SHEETS AND PILLOW CASES AT EXCEPTIONALLY LOW PRICES. AS FOLLOWS: WHITE BLANKETS . ; COMFORTABLES . ; ; BEDSPREADS . MUSLIN SHEETS. PLAIN . . MUSLIN SHEETS, HEMSTITCHED MUSLIN PILLOW CASES, PLAIN PER PAIR. $3.75 . EACH. 1.25 I EACH, 1.20 EACH. 68c. TO .05 EACH. $1.05 & 1.20 EACH, I8c. TO 26c. MUSLIN PILLOW CASES. HEMSTITCHED EACH. 25c, 28c. & 32c. A SALE OF BOYS' FURNISHINGS , WILL BE HELD THIS DAY. 'AT UNUSUALLY LOW PRICES. BOYS' NEGLIGEE SHIRTS . . EACH BOYS' PAJAMAS OF OUTING FLANNEL PER SUIT BOYS' GRAY COAT SWEATERS BOYS' SILK FOUR-IN-HAND SCARFS BOYS' BATHROBES OF TOWELING EACH EACH EACH 75c. 65c. $1.50 25c $1.75 AIJSO A SALE OF BOYS' BALBRIGGAN SHIRTS & DRAWERS SUITABLE FOR AUTUMN WEAR. AT THE SPECIAL PRICE OF 45c. PER GARMENT Jtfty Atwnur, 34tlj mi2 351 Stietts, JXtm $ork. Sp M ill I'rntf t'hnriti'., "Are you sometimes called "Lefty followed n lead pointing out tliat one nuie'"? wa.s the question. of those who might profit bv the killing "N'ot to my knowledge. the prisoner of Zelig was a man who moved from Loiiit "NV said an I lent v "And von are sometimes called fivn tli in 10- .. .I....I ..... J 1 ..i.M.iir iisH.il lit t-llliri Formal Clmrcrs Attains! Hecker. Here are tho District Attorney's formal charged against Hecker and the matters he expects to prove: "We shall show you how Insistent BecKer was that Hosenth.il should Ui Wiled before Tuesday morning, tho Ifith, Vt'a shall show you how Itose and Web ber secured the presence of the gunmen at W'eblier's place on the night of July 15 and the early morning of July , Wt'e shall show you Becker's presence near by, and hfcr communication with ."Webber'H place after 1 o'clock on tho morning of tho 16th. We shall show you how tho men were taken to the scene of the murder, under Jack Hose's direction, Hosenthal having been located immediately before by Webber, who re ported back to the murderers. We shall ahow you how Hosenthal was killed. Mr. Whitman closed his. iddre-s with the "And Horowitz, which Is he?" pursued assertion that the State could prove all JuMje,. Ho(f those charges and bv telling the turv "This man," said Krause, touching Gyp mai iiecKer, wnue no may not nave isn iwsm. present at the- crime, was the real murderer Throughout the address Mr Mclntvrel "They call me "Uyp,"" answered the gun interrupted coiistantlv with objection- or : man. sarcastic comment His associate, John' "Which is Jack Sullivan?" V Hart, was up in-tantlv when Mr ' "This one." said Krause, and Sullivan Whitman sat down with the request , flinched that he lie allowed to explain his visit "What is your name?" asked Justice to Jack Ho-e in Harry Pollok's hoti-e t.on. Justice (iotT would not allow tho luwver "Jacob Heidi, known as Jack Sullivan," to explain. He made him sit down Then said the prisoner, the Justice informed tlie itirvmen that i ,. .. .. they would have to be kept together and 1 " Hrru 'I tirrnir nnl. ordered a recess for luncheon. I Mr. Melntvro then began the Cross lin; jurors lunched at tho Hroadwav examination of the witness, lie brought (entral Hotel. Going and coming they out that Kiaiwo worked at lieiscnweber's were observed by large curious crowds, at l onev Island; employed at the time of It came out nt lunch time that the fore- the murder. Krause shid he was living man. Mr Skinner, had been put in an at Kith iieach because he was afraid or einbarrasHiiig iHjsitKin ,v the assunip- his lifo from the threatening letters ho tion of court officers that he was a married had recei v.sl. man. His tlance- read in the news- ' Krause d-scribed four or five groups papers that Mr Skinner had a wife and that attracted his attention as heentered the foreman had to do somo explain- I'oity-third street on the wav to the l!e- "'K- tiev.i ( lull on the night of 'the murder. I'.illeruiHn I'lr.t Wllue.. i lb idgio Weliher was in the first group he I nil. euian I lr-1 w line.. H.(W wjt, j.. colpeSlo1(Hl f(1iow 'who Tlie first witness at tie- afternoon 'warms! Krause to go on and mind his own session wa.s Policeman John J Uradv ! business if he didn't want to get into He teslilled that he heard several shots trouble. Hut the groups interested him. and that when h" ran to tho .ktropol J'M suspected something was going to from his fixed post in Broadwav at Fort v- happen. third stris-t he saw a dead iii.ut on tlie I be gunmen, he said, wpro in the second sidewalk who was identified lo htm a Kroup He suv them clem ly Mr. Mc HeriiBin Hon'iithal Mr Mt Intvre pressed "'"to pointed out that the gunmen were, him as to whether or not he saw an auto- "''cording to his story, across tho street mobile headed West in Kortv-tliird street i a,' " -' o'clock in th" morning, but 'llm defence will in tempt, "lo show thai the testhnoliy had already develoixil that tho real murdeivis escaped in a dirk I ortv-tlurd street in that section was coloted car that tied westward ll.-atlv as luht as day from big electrics, saw no car headed west, save the taxi Finally Mr Mclntyre, irritated, qties tliat uus used in the eastward pursuit ,1"'"l! tho witness but facing the jury, ofthegravcar said: I'olicem.iu I'ilo lold his story about " Don't vou know you are committing seeiugUosenth.il in thn.MoliuKilu rostan-1 deliberate perjury?" rant twenty minutes U.fore tho shooting; ' sr ,,.. v.. ....i of seeing Hosenllul stei out briefly to "e " ,Nu ,'"""'r- got uuwspusirs; of seeing llridgie Wetils-r "N'o. sir. I do not " step twenty feet Inside the restaurant, I "Weren't you in Powllng's saloon whero he could gel a good look at Itosen- drinking and didn't you run out when vou thai; of seeing Ko.sent hal lo.ivt; again heard the shots?" and of hearing four shots fired. " I hey "Sn, ir. I never drink " went bing! biiig-biuir-biui;!" said l ite '" Didn't vou tell James M Sullivan that The only automobile ho saw was the vo'i wanted money to get out of town and gray car miming east, but ho didn't get 'i'1" you'd bo a 1ad witness against his closoenough to Identify any ot tho passed- t'lient. Jack Hose?" gers. He had seen two men get In it and I " ' hat's a lie." said Krause instantly, then) were, three in it previously. Mr. "Do you mean to call me a liar'' Mclntyre wanted to know if ho had seeti "So! but whoever lold you that la a Harry Valloii at the time. File said he li-ir." hadn't. File was excused after ho do-' Dther questions develoied that Krnilso scrilied the fruitless police chao of thui'""' n to Uiwyer James M. Sullivan murderers. lits'iuise he was afraid he would lie called Dr. Dennis T.ivlor. an ambul.itie.. Kiim. 1 as a witness and thought he miitht need eon of Flower Hospital whoso routino advice. Ho had heard Sullivan s name took him to Hie Motropolo on the police mentioned while working us a waiter, alarm after thn Hhootiug, was on tho ''"h'n Ir- Mclntyre took up Krause's stand a few minutes. Ho said merely testimony at the I'oroncr's hearing and tliat the victim was dead when ho arrived; 'iisl " 'atch him in contradictions. 'I he dead from bullet wounds in tho head. 'Tort was a failure. Mr. Hart then asked I permission to eioss-quesi mil. ine court lr. Rehultre llrserllim WouiiiIk. ' rilksl that the witness had been thoroughly f. , ,. i,;.... u.i.i, , ., , I cross-quest iomsl and that he would not Coroner s Fhysician Sc h illzo described .s-nnit another lawyer to get at him. these wounds, ono of which was In the ....... ?.. .i... .i.. top of the head, rangmg downward fenco had entered numerous exceptions through the brain, tho other of which 1 to Justice GofT's rulings. iiruiei iiw ugui uptier juwiMJiio, a wound lietween the eyes was tho lesult of a 'Vhr Jury. UTXaZl waiter, said I ...I"'! I'"' - he was standing at tho restaurant dm,,- ' . ,, Wlien Itosetitnal was shot. He pulled ' "" "'"i '. nitinner, in, but he had seen at least one man shoot, electrical englnerr; home, KOI West ing and three men stuudiug behind that in.'.th street; unmarried. ,-.,. ",, . , ing aim inree men siunuing tieiiiud t .. n......e...,n , i,,,,, ,,rr miimi man. Ho couldn't ideal ify any of these, , . Hubert i". Itircell, dealer In chem- ne sa il. .Mr. .Mc uiyre wanteii t,, know tails; home, f.S'j West ITSth street; II 111' IIUU nt i n thiiiii in Ulf HUM-, Jlt'CIll (lit) tTltMl, T irt iunitiiu iitiii vi null mil. an arrangement whereby Hose was to jiay ?l,uoo to the murderers tho next day to get them out of town, as he ex pressed 1t, 'For a little while." W'e shall flhow that Hose found a hiding place In the homo of Harry I'ollok In the HlvJera apartments, at 156th street and Hlvcr 3. John T. Hardy, retired manufac turer; homi 2S4 West Ninety. fourth Waller l( ratine 'IVnlHIm, I'liero was a stir In I he court room when 1 Mlr,''J. mi,rrl(''1' mis Krause was called. This impor-1 1 ''W'rl l - Smile, auditor; I Louis aid. flrlv nn Tii..,l, v ,.f.L. , . V. . laiil Wllliess lor the prosecution is tallfe-' csi i mill sireei; mnrrieu. v s7,.i ...la ti ,Vnn ; """" "' anil lanu, witn n narrow nead. sharp eves. ItMllt..... ttn...l t . U...1 . - la . unn a . . UIIU lillll,, tIUI II IHlllini lil'mi, SIIUI J l.'VCS, , ". T IIIHIIII 1 . ...tlll, I nil he had paid $1,000 of Hcclor's money prominent nose and thin l!. His Ungl i,nme. 1S"J Wist Seventy-thlrd to I.efty I.ouis to be given to the mur- lish was spoken with n pronounced accent mairled ,Un H' l,,.ll ..u 'll. l..... ,..! '.. ,1... I. lllillUl'li home, estate; stl-ret; derers. We shall show you that nmTlvw had been stories Hint Knuiso was ' ' , ii..kpr wholes ile luml.er. " w" "l ",a t uecKer sj nlM",j-:' Vi " I , i- a..i.. .7. t'harles .1. Peatt. event: home. .101 St. Nicholas avenue; married, a. Charles Itauobfuss, real eatate; tic i iiin- U..J-...I ... : under qui"tlontng Dy Ass slant Dbi ST told Beehei whVr. nna'. 'fc'04 Attorney Frank Mosa he w,id that 101a Becker where Rose was ndb ww in front of tho Metrowlo few i being bouncer in a Tenderloin dive to the iiito lurcn aim mat uavidsori. naving Imsii a waller in several diven, might have known this man. Mr Minton said he had learned nothing definite. "All 1 can say at this time." he said, "is tliat Davidson's ixwsible Tenderloin associates will be looked up. If tho result of this breakdown is a complete confession, we mav be led anywhere." No one visited tlie nrisoner vestrd.ii? except Mm. Davidson, who left the Tombs crying. Davidson hardlv touched his meals, his nerves were so shattered. NEW MURDER WITNESSES. Two r.ul.iin Brother, Jallrrf In tt urU. Are Hronnht to r Vork. Jacob I.uban, m years of age, of 351 Forty-sixth street. Brooklyn, and Morris I.uban, 35 years of age, his brother, of jo; Gates avenue, Urooklyn. were taken from the county jail in Newark yester day afternoon to Manhattan as important witnesses in the Hosenthal murder case. 'Iho couple were arrested earlv in August in connection with Uank swindles. It was alleged thev stole checks trom street letter boxes, forged tho Indorse ments on them and in several instances negotiated pavment. Arrested with them at thu time wus .Samuel Friedman of IU Second avenue. New Vork. who was bUbseqiientlv released Since (he two brothers have been in foil in Newark they have Imeu visittsj regularly bv two women believed to be their wives, ll was through these women that District Attoruuv Whitman learned that the two men knew somo thing of the murder of Hosenthal. As sistant District Attornev Minton went thero yesterday and after a conference with thu prisoners had talk with Pros ecutor Mot t and then brought the two men ' with him to Now iork. It is said hero the two broth'"-- suw the shooting and can identify lm men who sJiot Itoseiithal. John F. Mclntyre said last night that lie wus the one who tirst heard of the litlbans in the 1'i.sex. county iail, Mr. Mclntyre made public letters In proof of his statement. In one sem tiy Jacob I.uban from the New Jersey Jail to Decker In care of Mr, Mclntyre on September 18 the writer said: I wa.s In .Sam Paul's club at Seventh street between Second and Third avenue wheie I heaid a conversation between Sam I'aul, Nathan Paul, and a couple of moie fellows, ami ufler a while Jack Itose, Sam Scliepps. and another fellow, who I think was Vallou come In and JoIiksI Into Hm conversation ito.se uiHdt! Heme leiiuik aliout Hosenthal and said that he ouuht to be croaked bsfoie he opened up. One of the Pauls advised that they bet tor manags to keep til m quiet without mukltig loo much of a fuss about It, and If Im don't keep hush, then they would take proper action to do away with him. One of them remarked that they were afraid of Decker, as he would understand who done the Job and would make a whole lot of trouble for us. J-'o another one leniarkeil that they rould get Hecker dropped as easv as they could any one else, as he Is after lliein loo much, One or them again siiKgesied thut If Hecker would make any tumble they would do nwiy with him, one way or the other, as It was about lime thut he wus away from there. The writer says that he exnecta to get out of Jail soon and that his caso lias been "framed against him.' SHE ASKS $150,000 FOR JILT. i;-Shnnl Trsrkrr Hum Brooklyn Man WIioup Children Objected. Miss Mary I. Mclntyre. until recently n public school teacher, filed suit In the Supreme Court yesterday to recover lir.0,000 damages from William Hughes, n Urooklyn paper dealer, for breach of promise. Ml.s Mclntyre Is nhout 30 years old. The-defendnnt Is twice her age, with grown up children nnd grandchildren. He has an olllce at 90 Metropolitan avenue, Williamsburg, and lives at 173 Lincoln road, FkUhush. The complaint says that on April 2t last Hughes promised to marry Miss Mclntyte nnd In consideration of his promise she gavo up teaching and also her ambition for a college education for which she was studying. The marriage was set for October 2, Miss Mclntyre said, but on September 24 Hughes notl fled her that he couldn't marry her be cause his children didn't approve. Counsel for Miss Mclntyre got an order to serve Hughes by posting the paers on his door on the ground that three process servers have been unable to And htm. SHAKESPEARE CHAIR IN SUIT. Action Dismissed! When Plaintiff (els Anthiar In Coart. A carved wooden chair with a high back which once stood in the home of William Shakespeare nnd Is supposed to huve been used by him was exhibited In the City Court yesterday before Jus tice Green In a suit of Walter Aldrlch iixatnst the executors of the estate of .1. W. rtiuiton, an antique dealer, to re cover H..r00 because tho executors had refused to deliver the chair to him, although he had bought It for $300. Hy consent of Justice Green the chair was offered to the plaintiff In court and he accepted It and consented to have the suit dismissed. SENTENCE CUT SIX YEARS. nix Orders Itrlraae Noon of nook keeper With ai7,OOU Shortage. Aijiant, Oct. 10. Gov. Dix to-day announced that he had commuted the sentence of Andrew W. Smith of New Vork city, who Is serving a sentence for grand larceny, first degree, bo that he will bo released on October 24. Smith was sentenced to serve 9 years and 8 months and his sentence has been commuted by tho Uovernor to 3 years and 8 months. Smith was arrested January 20, 1909, churned with embezzlement. He was ronlldentlal bookkeeper for the Warner Chemical Company of 141 Broadway and was said to bo $17,000 short. SI'AMiS FltOM Til K TRhEOttA PH. QUOTES AND INVOKES L Lawyer Exhausts Every Argu ment But Legal One to Have $500 Fine Remitted. babe in sunny Pulermo far bennd the high seas. Wuir petitioner, a true oMlter of th court, will eaiu a lee and your llonor'F heart will warm while it exemplifies Hint too err Is human, to forgive divine," JIER0ICS ABOUT A BKAWJ, Siifrprests "Memorial" to Judge Hosnlsky and Possibility of His Own Fee. Mr Hvll riiamberj McCann of I.oi An. ci'lrs tuoU llie onth of ofilen yeaterduy u 4 me in ! r of the t'lvll Hrrvlv Commllou ot that city anil breams the tlrt woiimii In the United Mluti'H tu occupy audi a puilttun, I'enillnB an tnu-tlta!lon the Inlrr'tatr CouiiiiiTre ('ommlloii H'atrnlay .Iwllnnl lo pnrnill Miilne nillrnlH u, Incrrniir thrir 1 hutii'i for "liralrr" earn for moving the blie i.out croji. Ilalpb ilr I'ahna, who nrarly Ion Ilia Urn In taut S.ituribiy'a (Jrunrt I'rtar inninr rare at Mllwitiikrr. wna robbed nf n tmr.H ............ ti .1.1. h. i,.n.K.. i.i ...r'..,v",",' I ill. he says, has promised to provide! ir. Klhihnh Vounc. itr of . f4rm,r ball, so he asks that the teller not bo nsr Newnoiilr, l'a . klllml y a imp made public. Me said that he had 14 f",ur' "n hrr hban.r farm yratcrday "hutlness" In the club looms tho night. The 'llru llghllng plnnl at lllinham'a he heard the plot. Mr. Mclntyre saa ?ii". 'nV'orV.'r tf.r,l. ' that Via rtVArriaapri mah 11 a I 1L.1 . v l ln.i4 ku ..l- u . . -1 n . 1 i 1 took place Ust May, tht ho overheard a conversation thati v.. ciof Kn by cHs which r drawn rVm 1 m mill pvnn uj miMD pipft ana pumtiid I lata U aaaar kiU ataxir avtry mlfhu Judge Otto A. Rosalsky yesterday re fused to "raise a memorial" to himself by remitting a io00 fine imposed with a year's sentence twelve months ago on Sicilian despite the fact that the prisoner's attorney, O. Arnold Moses, presented one of tho most remarkable documents that has ever appeared on the records of the courts of General Sessions. The attorney compares the Italian street brawl to Alexander Hamilton's duel, and in place of the affidavits usually attached to motions of this kind heap fiends the trial scene from Shakespeare's "Merchant of Venice" and what appears to be an original poem entitled "My Soul Mate." The motion for a remission of the fine begins: The motion Is made upon the record of the court. Ctidsepn Uonaro.afed 2, was born in Palermo, Hlclly, came to aw ork three years ago, has a youna wife and baby In Palermo to support, which ht did for three years, working continuously for Toledo l.sii, contractor. On October 9, lll, Giuseppe and his brother Annelo met (ieorglo Hctalro, another Italian, and some quarrel ensued, on the inipulas of the hour, Schlro had been drinking heavily and all three had their ready little bludes, after the mannsr of I be true-Blciliun. Officer McNulty of the Twenty-ninth precinct knows how the tight progressed. and says that Hignor Oluseppe knocked down Hignor Schlro, while Hignor Angelo pricked him, Angelo was discharged, Giuseppe pleaded guilty to third degree assault (with kulfe) and was ou November 20, 1111, sentenced to one year and lined IM), which Jatlsenfence, counting six weeks imprisonment from October , has been practically aerved. Ills Innocent wife and bambino have re tained me to request this court to remit the balance of his Imprisonment and Que. "All three slgnorl contestants were cut with knives, aud Hlguor Hchlro, complaining witness, probably more than the other slgnorl, which Is natural, as the oppoiltig forces outnumbered their enemy. The ChluaniHii flghla with his teeth am! nails. The Scotch Dune wassel or High- lander with bla atene dhii or short dag- ger. (Hee Mir waiter Hcotfs Tale or Two Drovers.) The Kngllahmun flvhta with his flats or rough and tumble. The German Is a natural wrestler, but the German student fights with short duelling swords and bares his scars with pride, Andrew Jackson, President of the I'nlted States, killed hli opponent with duelling pistols. Aaron liurr fouglit Alexander Hamilton with the same weapons. None of these gentlemen were ever fined or im prisoned. If the brother Nlannri had llinclicd from the fray they Mould have lieen dishonored among their associates even as Andrew Jackson and Alexander Hamilton would have been sconied if they had shirked their combat In the face of a compelling public sentiment. This court haa been assailed by the de generate press and hns felt injustloeaud the clamor of mlsunderstabding, yet has been vindicated by the highest court of the State, and a fellow feellmt makes one wondrous kind. Let this application lis a memorial to your Honor's vindication whereof couusel has always felt confident and tenders re spectful congratulations. Itesteia my hot blooded brava Sicilian client to his dtar faithful brother and to hit work so that he can fad hi yauia (Mult mU tad asubfcr BEATTY IN AEROPLANE SMASH. Thrown From Ilia Krai, bnl Jampi lo Untrtr. Georse W. Ileatty narrowly escaped death yesterday when his aeiuplane be came unmanageable over Uo rough Park and plunucd to tho sround. Beatty leaped from the aeroplane when It was about twenty feet up and escaped with a few cuts. The machine was wrecked. Accompanied hy his wife ileatty set out from Mlneola, yesterday for Staten Island to participate In the flights there. As they were flylnjt over Prospect Tark the engine benaii to miss fire, neatty came down on the park Parade Ground and told his wife to ko on to Staten Island by trolley while he kept In the air. All went well until he was passing over Borough Tark, a thousand feet up. The engine bean to miss again and a rusty wind rolled the aeroplane dan gerously. Beatty decided to volplane to earth. A hundred feet above ground he was cauRht In cross currents and was almost thrown from the machine. He landed In a spinach Held uncon scious. A mounted patrolman picked Beatty up and turned him over to a doctor. After a while Beatty want a to Stntan Island by trolley. Victor Victrola XI, $100 Mahogany or oak. Victor Victrolas, $15 to $200 Victor Hachines, $10 to $100 THE MOST WONDERFUL or MUSICAL INSTRUMENTS EASY TERMS MAY BB AlillANUED, New October Records Include numbers by I he 'nllowtnr celebrated iwimvii M 4UM AIM!.- rarfif At,uAl'i;K'.ll'X9.!;M'VLUAi!''l'.NT: McCUKMACK, HAMLIN ulirt ZIMBAUSt! Titta Ruffo We have 10 Solos by this famous Italian Baritone. We aro civine Rneoial Bvinderlnnw oi i no aoovo on tno Victor Victrola Ceme and Hear Thtra CaUloguM Orattl. CHAS. H. DITSON & CO.. a-KMI last Mth Sk (sear Its. Ao. trofoli 2 0f i ,.&7Tif:522'qflWW