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getaway." Thnt was prlor to the shooting. The chauffeur further stated in his affidavit that since he had been in th< Tombs "Jaek" Sullivan had beggei him to testify that Vallon and Schepps were in the car and ordered him to drlve away from the Metropole with a plstol at his head after Rosenthal had been shot. The answer* to questlons suggestinE* these statements were not allowed hy the court when Shapiro testllied, on tho ground that lt was not propor re biiltnl testimony. Shapiro cocroborated the story of, "Hald Ja< k ' Rose ln regard to the trlp uptown on the night of the murder: to th" home of "Dago" Frank Clroflcl. wlth Rose, Vallon and Soh*pps as hla passengern. when thoy wore roun.lini* up the gunmen. Though it is undcr atood the chauffeur could identifv the four gunmen, he was not aaked to do BO in o<>tirt. Fear for his llfe has led him to deny persistently thelr identity. it is said. lh- Bttpulkted that ho should not be confronted by the gun? men in court when he testltted. No Immunity Offered. No immunity was offered lo Shapiro if bs testllied, the DlBtrlct Attornev said. Mr. I.? vy deelared hlfl cUBBt had teatlfled without hope of reward. He said he had not gone over any of the teettanouy in the case wlth Bhspfro, but aimply urged him to tell the truth aftor he had expressod a wi'lingness to testify for the stuie. Shapiro made onr- reOjueat nf tho Dis? trict Attorney whlch was graated. He asked that he bs trnnsferred from the Tombs to tho West Blde court prison i he had testlfied. That hns been the home of Rose. Weber, Vallon and Schepps Rince thoy turned witnesses for the stato. Thr- chauffeur told tho District Attorney he feared tho close proximity of the gunmen in the Tombs. lt ls understood the cgSS agalnst Shapiro on the murder lndictment ls t.ot eonsidered a strong one In the Dis? trict Attomey's offlce. It ls thought probable that he will never be brought to trial. Justlce Ooff had "Jnck" 8uUlvan and Louis Plitt, both witnesses for the de? fence, recalled yesterday to answer eer? taln questlons which had bSSfl excluded by the court when they testifled. The purpose of recalling these two wlt? nesses was to obvlate any possible grounds for an appeal on the strength of the questions which had been prevl ously excluded, it was said. There ap pearerl to be some reason for the eon I tention of "implled blas" by the de? fence in the rulings of the court ln ex cluding eertaln questlons. When the defence dccllned the op portunity to examlne Sullivan further Justlce Ooff lnstructed Assistant Dis? trict Attorney Mos*. not as a prosecu tor, but as an offlcer of the court, to put the questlon* to the witness. Dnder a strict admonltlon by the court that he should conduct himself in an orderly manner Sullivan dld not dia play the exploslve attltude which char jacterlzed his first appearance on the ' witness stand. The defenco called several witnesses < for Becker during the morning session [nnd then suddenly rested th.-ir case. 1 Shapiro was the only witness called In rebuttal by the prosecutlon. and Cor ! oner Foinberg w?s the lone witness | called by the defence. BELLIGERENT NEWSBOY KING REPEATS "FRAME-UP" CHARGE iftVr another dleaatrous aeaaloB to its in whlch little of beneflt to Be k r araa adduced, tho defer.cc re?ted Just be? fore tl.e mldday receaa ?as ordered yes terday by Justlce c>>Tf. Its last witnes" waa Jaoob A. Relch, hetter known uncer hla a'.la*-- Of "Jaek" . nn, who was recallcd by orde: of luJJtlce c.off so the defence mlchl ask ? i thal had bj en ruied >ut ".c court when Relch was te.-tlfylng Dn tho ajrecl foi* ttie defence. Thesi rciatfd te s'lr-ged Bonveraatlonathe wltneaa had with "Bridgte" Weh ? ".lack" Rose nn*! Marry Vallon dorlng the twelve days he was cnnfli.ed in the \\ r ?t Blde coi.rt prison. John W. Hart, of counsel for Becker, bbM he would ask tbe questlons if th" court would permll him to pursue fhe llne oper.fr] up by the testlmony. J Ooff decllned, and Mr. Harl obje l whsreupoji the court dln Dlstrlei Attorney Mosa to pul tha ? ttOM le the witness on belialf of the de? fence. Before Relch waa settled In his chalr Justlce Goff remlnded him that ho waa in a court of Justlce, and not to repe.it his boisterous behavtor of last Friday, and to answer questlons pul to him nnd not to volunteer. Rj li h hunched up In his chair. thruM hla big Ja* forward, showed his teeth, and, his nat noae broadenlnp so that lt ihieaicmd to apread all over hls fac"*.*Hi' erowled at the couvtl "i ll aofwer the ij n my os n way " And those ii, tbe court couM nol -. Ing lhal Ri I aa i a aal ln the - aa chalr, h r i ina ? the 'tant Diatrlcl Att< me). who stood ready to pot thi to him, ! e?p'ike K?ngland> deflane.- ol law an.l order tn Iy to tho court. Excited, Tells Morbid Story. i:> h, who araa deecrlbed by Mr Hart m the defenee'a opening addreaa to the |ury as "one who waa practloally brought Up ln tlu- RUtter," told a morbtd Story tliat reeked wlth tha allme of that part 7>f tlu- high wa] end buafana Relch grea excited In hli hla faoa loat the prison pallor ll has takon mi in the last w?ek. and assumed an U? : :-,y glow. fo that tho i.an- ] atches on hla head. oxtrndm? frnm elther temple almost half wm Bcroea hla sk ni it. par* i.iui llnes, lookisfi lik. little red horna, Tho examinatlon condui ted by Mr. Mnsf, who n ad questlona from tho mln? ute* of the trlal. was: Q.?What dld Weber say? A.?"You knoW Rose would fraine up Waldo and (Jaynor to get out himself." Q.?Did you have any oonvorsatlon with Weber? A No Q.?Was anytning said about the mur? der of Rosenthal? A. Rose told me hls lawyer had made a stlpulatlon wlth the District Attornev for him. Webar and Vallon to get out lf they turned up Fecker. I said: "Why, you bald hesded ? -, is that what you'te doing, framlng up on peopleT' He said' "lf I Itav here another thirty days, I'll die. fi*!f-preser\ation is tho first law of na luio. Q -Did Weber. RoaS and Vallon ask vou tO tostifv against Becker"* A -They asked m< to Bay '< saw him at 42d atreet ind Blxth avenue. I ssld 1 wouldn't frame any body up. Q.- Old Weber say nn* thlng about Ro irrithal's fl?ath? A. -Weber aald: "I'm the happlest man in thr- worid. My wlfe ?Aill be the happlest woman in th" worid. 1 don't need to be afraid of that . more. He hroke my jrw." !'.. said to me: "What do you care for that Duieh- Becker?" y what dld Roaa aay? a He aald: *'l hate that 's arave." Q.-What dld Vallon say" A-Ue said he was drurk and dldn't know anythlng. Q._riid you take any part, dlreetly or Inolrectly iti the aaaaaalnatlon of Rosen? thal? A.-No. Q ?Did vou entet into any eoriBplraey, dlreetly or lndlreetly, wlth Robo, Weber ..- Vallon? A.- No ______ Q.-What did Weber say about !?-">.rno? A He 8Sld to me: "The District Attor I tiey knows you're iBnoeent. But vou must corroboratc ua. if you don't you'U ba [ lnrllcterl and probablv stav In lail for [alx montha." i aald l dirin't care if I atayed rix montha or six years ln Jall, 1 wouldn't franie up anv one Weber Bald to me: i 11 Inveal ?-'..OOO ln a hotel aiul 111 Bjlra you DO per cent of the protlts. I'.. vou want any money now? Do >'ou w.int tl.000? Nama your prlce." Weber '.-aid: "W'.'i.- nii Jewa What <io you care [for th?t IMitclurian lltecken'' Ilea like _ii th>- reat, Jew haters. uvv,. ^ot to Btlck together." Q.?Have you stated everythinc that was said? A -No. y.-What else waa said? A. (ln Frl ., y, iugUSl **. a messenger came fiotn tl.e Dlatrlct Attorney wlth s letter. Half an hour later Weber *nd hls wife called nto a cell, and Roaa aald: "Tou'll be Indlcted if you don't corrobarat* ua." I aald: i wouldn't lle for you nor nobody ela*. for aii the money In thc world, ' The readtna of thr- queatlona over, Mr. j Moaa obtatned permtaaloa t>> cro amlne Ihe aitnea* on the teetli brought out Ha rontented hlmseU wlth gettini th* wttnen to aay thal all tha tlme Roae, Weber and valion were try? lng to parsuade hlm to Joln them in fram lng-up Becker, b* was rafualng and tell? ing them what he thought of them. Mr. Mclntyre examlned Sulllvan then on the redlrect: ,t converaatloB dld you have wm, Rose beyond whal ??? alfen the ? day aiul to-day? a Rob* said to me he aaya: "1 aever tbougbt lt would com< to thla for the things iie aald aboul ; my wife and chlldren i hate hlm ln ht? 1 . the court: Whal dld Weber say" A '.'.ber aaid be COUld aleep wlth h!m aii night alongstde l li i "ftin. Weber said: i wi ild llke nothing better than to crawl down Into his grave and aay: 'Now, vou i trled to have rn?- killed! You -, jaw: Now, b*< what haa bap* ? jrou! I'm the happleat man ln the world My wife la the happlest wom? an in tha world." Witness Glories ln Story. iieich leaned forward, hla head aunk m hla ahouldera, hia handa opened wide. palms downward. llke the talons of B Mrd ,,f pr. v. Ho aeemed ta ?b>at over the aiorbld phraees hc rredlted to Weber. He HBumed his normal appearance when Mr. Mclntyre reaamed thc examlnatlon: W.?\\ us he referrlng to Itosenthal? A. V, | ii I>id vou hnv anv cotiv. rs-.tlon wlth Bkmeppa? A, No; only Roae aali Scbeppa I w ould eorroboi at* an) thing Q. l'.i Vallon aay anythlns elae'1 A.? ? Vallon said: "I trled to brarn hlm once at the Heaper Club witt, u botUe.' H? *ald: "Wgft tlll vou aee what Bchenpa says." I saiil- "Sure, Schepps is u lobby gOW. Re would say anythlw*." Oa re-cross-examinatioii Mr. Mosb aaked: Q?And notwlthstandlng that you re tomefi to joln them thej toM you these things every day.' A-Sure, every day When one atepp*d the other started 1<* I toid them I wouldn't have It on irfy COB* sclence for anythlng. Q. -Dld you know "Jack" /.elig? A ? Sure. <^ lid you pav |2T?0 to net hlm ou,t on ball*' A.-If you'U let me tell all that story, you will know something. Justlce Ooff, without permltting the wit? ness to tell it, ordered hlm from trV Btand i in 4inv opened with u raverss for the Mi. Mrlnlyre a? soon as court opened offered the mlnutea ef tha trlal ( Morris Luban. showlng the witness for the pi use-ution bad been oonvtated ot a fel? ony before Judge like, ln BrOOBlyn. Jub ti.e Qoff WBBted to ahow what more weight the mlnutes had than the certl fied 4-opy of the convlctlon whlch he ruled out on Mendsy. Mr. .Moss splkei the guns of the defence by concedlng that I.uhmi was convlcted, end nfter th>- pitpers wen, Hdmltted In BVtdene* brought out thal tha convlctlon was set sslie on the snme day by .TuBtlea Dlke. Th<- flrst witness of the day wns Pa trolmsn John J. Dougherty, formerly a member of the "strong nrm" srpiad. He teatlfled to what other "strong nrm" men dld about the rald- that Mra. Bojjenthal FOUNDED 1856! BROMWBROTHERS MENlS & BQYS'CLOTHINaHATS&FURNISHINGS Our unusually large and pleasing assort ment of Men's and Young Men's Fall Suits and Overcoats is equally consistent as to wearing qualities and careful work manship, but sufficiently varied in style and materials to completely satisfy the differing tastes of all our customers. Fall Suits, $18 to $50 Fall Overcoats, $16 to $42 Astor Place &i Fourth Avenue SUBWAY AT THE DOOR-ONE BLOCK FROM BROADWAY "BECKER HAS COPS FIXED," SHAPIRO SWEARS MAN SAID William Shapiro. being duly sworn, deposes and says: "On the evening of July 15. 1912, I was the chauffeur on automobile No. 41,313. I drove the said car up to 145th street. The passengers whom I took up to 145th street were 'Jaek' Rose, Harry Vallon and 'Sam' Schepps. Another man was taken on at about 145th street, and we returned to 42d street and Sixth avenue, where my passengers alighted. Soon afterward four men. only one of whom I had brought down in the car, entered my car, and ordered me to go over into 43d street. I went up Sixth avenue to 43d street, across 43d street to Broadway, in order to turn the car around. As we reaehed Broadway I heard one of my passengers say: " 'Becker has the cops fixed. It is a clean getaway. Every thing is all right. Becker has told them.' I turned around at Broadway and 43d street, as they told me, and stopped in front of George Cohan's Theatre, my car facing the east. They got out of the car. I remained in my seat, stood there about fifteen minutes, when I heard a shot. I looked around. I saw the four men whom I had brought over in my car from 42d street running from in front of the Metropole Hotel toward my car. One had a pistol in his hand. When these four men got into the car I began to hesitate and raced my engine, but made no speed, in the hope that some one would overtake us. My car moved very slowly. Then I was told by one of them, 'You boob, hurry along!' and with that the barrcl of a pistol grazed my forehead, causing it to bleed. Then I started al6ng, and I was cut off by a trolley car on Sixth avenue. I slowed down to a mile an hour until the car passed me. Then one of them said, 'Don't threaten him so much. Nobody will come after us.' While I was going up Lexington avenue I heard one of my passengers say to the other, 'We knew we had a clear getaway. Nothing could happen.' "Since I have been in the Tombs prison 'Jaek' Sullivan has urged and begged me to say that Harry Valion and 'Sam' Schepps ordered me away from the Metropole with a pistol in Harry Vallon's hand to my head. Neither 'Sam' Schepps or Harry Vallon were in my car, nor did I see them on the night after I left 42d street and Sixth avenue to go to 43d street. "(Signed) WILLIE SHAPIRO." Sworn to before me this 22d day of October. 1912. Joseph T. Regan. Notary Public. asked Beekei to arreel b wniter inHte.wi ot thelr nepheVJ Herbert Hull, BOd thal Becker decllncd. John D, Mahc:. 1 prooeoa aerver in tha Dlatrlct Attorney'a efflca ten vara ng". when Becker ~aa a member of Diatrlcl Attorney Jerotne'a raldlng *?;>. called, ln refutatioi - ' Roos'a story th?t he had . ?!, I:. bt r mi tl ? 'i | ' ? ' nnd discussj?d the detalla of tha murdi r. Maher aald he dtned with Beckei In i thal Maglatrata M w.is witii them Beheppa al teatlfled t- iieins: with Bei Ker and R ha had nol overheard I i i atlon. Patrolman Charlea ? ? one "f Becker'a "atrong Him" men, araa tha neal wltneea. H.? told of beaiing ' en to klll Roaenthal, ?-id on laatlon admltted he never told tl to |tu ona bul i ? Mr ifclntyre f1r*>t asked him if he w-.-i. scqualrited with Herman Roaenthal Foye hftld he waa The examlnatlon pn i.v i ild \" ? i. ,ii lln laal Pebruar; n d<i '-' ' ?' and Vallon sway from In from er her h vihi hear hei >* s Bhe bls n? ?! thi plan to klll her husband ? Mr Mon* objei ted and ira ? l I >id \ u'.l i.rnt Ml*! Ri ? ' that ' Mii'i.-1' " Webei chan ? hal wlth breaklng hls J.i? " \ dld 11 i ijd i, ?? ? ? i i ? - ? ? before Roaenthal wsa killed? A Ves, i nn ' Rosi and t and 8lxth avenue, aboul three r,r four dayi I ' the murdi i Rosi said to n ? "You kimw Herman Roaenthal pretty well, "fou're a good filend of hla. fou tell him to ki ep hi* mouth ihut aboul mo, or rn keep II shut forevei ' Didn't Like Whitman's Attitude. Mi- Mosa ari nt afti r tha wltl ? sparlngly. Hi aaked him if h- told Com ,. r W aldo oi n ?? of hla i.i- any poli thlng al out the allegi -i threal Foye edmltt< d ha had told ne "i.v- * i'* i--1 utepanl Bj ? er, ? \ plalning hia bj Uon .ih fottowe: Q Whv dldn't vou t.ll thr- l>i*tr|ct At torney? A.-l dldn't llke tha attltude ol tiu- Dlstrlei Attorm y q -\\),v dldi ' vr, r* \ Because he gave the publlc the Impre fiori thal all polla men wi re In wlth ll e murdi <j?Were you In Koson'hal'K l>.B pollee business? A No, ->n j.rlviit'- buMl neaa I Q 11...I -on heard lt was a reputed gambllng house? A - No; not at that ? ? r? Ihen a member of thr ? i .ni" A Tea H> ? ,ii ha kr.-'w Mra lloBenthal thri . ??.!( a cuatomer of hi* wife, v.., - th< ii ln tiie tinlr il.-.- --inn ? ? "Ben" Moara who aella ihlrta ra Park w.ia called bb s eharacter witnea for Becker. ll*- said Becker'a reput f.,r pi.. ? ? ii good, but he ad* ? asamlnatlon timt be n. rei heard Mliiaei N DeUgt, N l4.?eph Hll'klen .4vti.i i/,u:a Abrama who defended Charlea pi. -a agi nt fur i:<-. ker, when I ? in irder growltic 0 it ,<t a Mecker rald, were rallt tlfy th*t Ui Becker hnd nol givn them any Delagi kh-i Mr. Abrama aaid they wera paid by tti* atate Mr. ftiuk l4jn ri'-v cr i <. ? Irad 4,n> money, ChBI brother ,,f Jacoh Reich, allaa "Jack" Buttlvan, testiled to .. :. ? ?? .,: u '?'.... i irgtng hi brother n> j>-ln them ln awearlng against ;.. ard Asslal tnt i da ? :: hl-. brother th "men upstalra," m< Dlatrlct At ff nll knew hls b| other was ' bul m Rtl -I h m t.rrobornte Weber and Ro In theli Btorj thal Beck er wa. wlth li W , b*l I ,. roum tbe n."' nlna ol th* murdi i. Mr Moaa dul not ? roaa axamlne tha arlt AarOfl J Levy was called t.y the de ind in reply to queatlona aaid Becker dld not aend for blm to defemi rhen t i ohauffi ui of tiie "mur* was, irr> Ht.-I. He wus ti"t cross ?al ii,. laat eharactei witneai for Backei man named ' harlea Lachuaaea, iBoclated wlth - mr. Ha Becker ba.i b k"".i reputatlofl f". ' ! pllet. When the defence reated the] asked permlaston to csii liiar'..-- pjltt, who , ouid not be foutii when ? court offle,.r went to look for hlm. Juatice <;,,fr sall th* defene* ro-il<1 cail hlm 4,r any other wltneaa who ha<i not reepondod to hia i.i,ii,. an> tlme ilurlng tbe ti 1?1. SHAPIRO, AT OWN REQUEST, GIVES DETAILS OF MURDER Bspectlng that there would he aeveral witni Baa called ln rebuttal hy both ld< and further aensatlonal teetlmony Broughl out, the i ourti iii'in was r-rowded at thr openinf" nf thr- Hfternonn M Hisi'rn. The unexpeeted aipearatn--' of Willlam Hha jiiii. i hauffeui of tiu- "murder eor/' m a wltneaa f"r th.- proaeoutlon, n i however, for tie- laek of 4,th.-r wltneaaea, ind furnlahed one of the moel exettt?| Tirilf.il* Ol thr- whole trial Unbeknowfi to the defenea nr any one outeirte of the Dtatrlct Attornay'a atiiff. the dark Bkinned. atooky, little chauffeur vhs araltlng In an adjolnlng room for tne ?ord from Mi Whitman to take the wltneea atand An unndtural pallor over Bprsad h..? face nn he nervouely took the rmlh and Beeted hlniaelf in the ehftlr. justlce'I'.nff eautloned thr- aitneaa that as hu waa under indletnieni for murder he cmiid deellne to anawei any questlons ?ithiiiit kIvIhk hi* rwaeona Bhaplro ?mlved thoprtvtleffe Becker stralBhtened hiinsi'.f ln hli chalr and jrlu-d hia eyes on the witneHa The ilefenihmt'a counsel leam-d over the tahl.- aa lf iI.-Imjus of cati'hin? every word the wltneea aadd ta gnswer lo Ur Whltman'a ctueatlona ?h< witmtiB aald i"' i"'1'1 been tha ehauffeur of the _ray car uaed on tha nlght nf the murder. H? daocrlbed tlu automobile, and the IMstrict Attorney went oa: Cj. Were von in Ihe ofBce r,f the I)|r trict Attorney to-day? A. Tea. tj i in July i.'r wi r. you parl 'iwner nf an autotnoblie So. IIS11T a. i waa ij -How waa > out car eiiKHxed that nlKht'-' A.-l received a telephone ? all .it ii:. Cott Boulevard to come to Bharksya on uth atreet Objections Overruled. Mr. Mrli.tvii- ObJOOtOd ta thia llne of t.Btimonv on the gTQMd that lt was not in rebuttal. He was ovei ruh-d and thS eiamlnatton proceedw. ? q?You drova uptOwn thal nlKht nfter gettinK y..nr paaaiwgera ut utu atreet, dld )'OU not? A 1 en, tir lJ.it h Hlrer-t and <? \ ? nth avenue. q?Who were tbe paasenfera ln your i,,i- on that trlp? A -' Jaek" Roae, Bchepps aud Harry Vallon. Q.?What happened their* \ Bcheppa ?rit not of the CMI anrl 1 n tl V a bell Srnur DI,,- lOOked OU1 nf th- WlndoW ail-1 tlull ?H?ne downstalra U.-What diu you do then'.' a. We went down to Slxth avenue and ci street, to "HrldgiW Weber'a." i) Whal happened then" A The men g4>t out and went upetatr* Kour tnen s,.on ?ni.' down and g.'t In Ih.. car nnd I was lold to drlve around i" t-*.i atreet *.) ? Was miy one <>f the m.-n who k'"? Into Ihe ? ar at Slxth avenu.. and 12?I street Roae, Vallon, Weber or Schepps'.' \ No Shapiro lold r,f drlvlng hla car Into i?.<i street nnd comlng to n stop Just eaet ,,f the Itotel Mett..polo on the aouth aii "f thi Btreel Ha was taid to face hia ear *_a1 ll?- said the itimii he brought down from Mlth str>-. t ("Dago" I'r.mk ClrofiH) v-.as ln ihe ,ar at tho tlme. Mr Whltman ask.-d Q Was nnytldng said to vnu as the car Htoori on ISd Btreetr A. Yes, sir. y Whai wa* swld" a Mr, Mclntyre i .? ?: was auatalned <i Dld rou -4- the four men ln your car do anythlngT A. No. sir 't i>i.i they get out of lha car? a.? V--. sir <i Dld von si e Ihe four men affer th4jjjr gOl oul of the oar? A -Yen. Mir. 'V What happened then? A -They wera out of the car about twenty mln? utes, and th*n I h.-ard shots and the men ran back to the 'ar, one ,,f th^m with n revolver ln his h4ind. II.- plaof-d it Mt my ? id and ordered me to drlve away, i dldn't want to dliV* away. They forosd me tn rlrlve nn Q How l"iiK illd It titkc ,4ft<r the men got into the car untll your ear waa la motlon? A?About thlrty or thlrty-flve aeoonda '.' I ui vou Ii4.ar tho riaine of Bochpf nu-ntioii.d hv aay of those four men In your prescne- that night'.' Thc witness answeietl In the afflrmatlve before Mr, Mclntyre'a objection was ?u? t ilned by tlu- court. 4^ Did you h.ive a conversatlon wlth "Jack" BuUlvaa ln the Tomba prlson? A. V.-s Q ? What wai that r-onversatlon? Mr. Mclntyre scdjeated and waa a.is talned. Shapiro was turned over to the defence for cross-exatnlnatlon Mr. Mclntyre Bsk.-d only two .piestlons: (J.?Shapiio. after your car stopped on lld street, nearly opposite the Metropola, or When you started. dl.l you see Rose, Schepps or Vallon'- A. No Q?luii't It n fact that Hcheppe and V'al lnti ?.,t liitn your car nnd were drlven BWB) by "iiii? A - ll ls not. ShdDlro was exciiBed, and Louia I'litt, a former witness for the defence, was called. I'lltt went over tne story in sub atanca whlcb ha toid on the wttaaaa stand when he flrst testlfled. He related the conversations wlth Hosc, ln whlcU be said Rose toid him B.-eker had nothing to do with the killlng of Rosenthal and thev were golng to liame It up on Br-cker. lerael L Keinherg, the coroner before whom the prisonei-s ln the Rosenthal case a*er* flrst arralgned. was the only wit? ness called ln n-huttal by the defence. ln answer to Mr. Mi Intyre's ijuestions, the coroner said he was near the Metro pole on th.- night of the shootlng and went to the West 17th street police sta? tlon soon afterwatd. He went to the Btatlon when the body of Rosenthal was removed there, he said. The witness was then asked If he saw Becker at the statlon about .1.15 or 3:2?l a.m. The questlon was ruled out and Coroner Felnherg waa excuaed. That ended the taklng of testlmony at the trlal. Mr. Mclntyre toid the court he had been busy preparlrig testlmony and had not had a ehano* i4> prepare for summlng up of hls caae. Hc said he was all worn out, and could not go on. VI ask your honor to give me untll to morrow morning so I can prest-nt the facts ln a chronological order," he said. "1 throw myself on the mercy of the court. I must say. ln all slncerlty. that I am physl-ally and mentally unable to sum uP now." Justlce f'off wanted to know how long lt would take counsel for the d'-fence to sum up, and Mr. Mclntyre de. lared b* expected to occupy at l<-ant BV* hours. AeaUrtant Dlstrlct Attorney Moas saiil it would take hlm about three hours, but It depended somewhat on the argument r,f Mi Mclntyre. Justlce Ooff asked the dr fenr-o to make whatSVer motions they had ln mind, and Mr. Stryker mov.-d for tho dlsintssal r,f the lndictment on th<> ground that th.' prlndpal wttneaaes for the state had all beefl accompllces and thelr testl? mony had not been legaiiy ?orroboratod. The motlon was denied. Justlce Qoff flnally ruled that he would gtVo each slde four hours in whtch to sum up, beglnnlng at 10 a. m. to-day. He would charge the Jury ami give thi' caso to them th>- foUowtng morning, he said Ask-d after court why he dld not put Becker on the witness stand Mr. Ifcln tvre said: "! dldn't put hlm on the stand becau-e the people dlil not make out a case. Tb, f only preaentsd tha testimony of aecom plleea aud two convlcta.'' "CHAOS IN POLICE FORCE" Vachris, Retired, Says Mayor Is the Real Boss. Anti.on.v F. VaehliS, who waa retlred "ii Monday from the pnllro force as lleu? tenant. OB half pay. by Commlssioner Waldo, OB a coUfl order after cont4rmpl proceedlnga were -hnatene.i becausa tiie ('ominlasloner had IgllOTOd the order, feit BunVtently fraa "f Wai.ios power yee to expi ? aa hlmself Bomi i freel) on tha pollc* fore* and its admln-i "The men of the force ara good men, and compare favorably aith thc poltc* ln the worM." hS said. "bol thev ar* not Willlng t-> wrk l.ause the department is not la ??""i banda Waldo la as much PoUca CammlsslOBOT "f New York to-day ns bo la KlnK <>f Abysslnla. Thr man nt the fjlty Hull ls boss ,,f the f,,r,,. ; ? tl ' Wltb the police force ? .vry little whlle BOBT1 Clvlltan Ul pul ln charge 4,f It, and there I Put ;l shoemaker in chat*-.* of ,n llner, and see v. hal a :i. I " wlll mak- of lt. There Is ohaos ln the fon e now." Vachrta went on to ?ic thal italian Ib partli uisr was great!) on the - .. hut the public was i."t ailovved , ir.o-.v about lt. Kldoapplnga, murdera an.i bomb thp.winf: were rtfa in the Ital? ian r-uartere, he aald. attrlbutlng ihe fall* ... - ahe headwar agali at them to the ,1 Commlssioner Waldo hadbrohen np the Italtaa squad, "f whlch Vachrla araa formeri) bead. nnd dlspersed the ? nve Italian deie.-ti-.es on the fon ? ,t th* ? Ity, a here they co Id ? ? m u k as s unlt in handllng the problema they were partlcularly mted to , ? [.?? v. ith Tl.e resulf. he Bald, was that blft.'kmatl ? . ., . n levted exten-'vclv on tb* POOr er Itallana, who nren ln fear of thi coi - r-fu-e tn,- demanda ipon them ZELIG INDICTMENT DISMISSED Court Actions Over O-ang Leader Re? cently Murdered Come to End. The last court aetton over "Blg Jack" Zellg, the Kang lesder wh.. was recently shot to death by Phlllp Davldmui. WBS taken ln the Crtmlnal Braneh of tl.e gu preme Court yeaterday. Mr. Wosser V4,gel. Assistant Dlstrlet Attorney, moved before Justlce nianchard that the lndict? ment chsrglng Zellg, WhOBS rlght nam* waa WIMIihii Albert wltb carrylng con cealed weapona be dlstnlsscd. Tiie court dlamlaaed tbe lndictment. Zellg was aspected to testify for the stat,- in the proaecutlon "f Lieutenanl Becker and tell "f th.- alleged "frame up" by which th.. latter cauaed ht-i ar icvt f< r carrylng coneealed wespona, upon arhlch charg* b* a aa Indlcted. FAILS TO SAVE BABY Father Hurled from in Front of Car and Ohild Is Crushed. Seeing hls baby daughter ln danger. Samtiel (Joldfeder, u painter, of No. 310 East 108d street, flung i-imseif In front of a trolley car at Kt-lth street and lexlngton avenue la.?t nl*:ht li an attempt to aave her. The hi.by was killed lnstantly. while the father was struck and hurled to one slde. He was taken to the Harlem Hospltal with ln ternal Injuries. While a crowil was stlll gathrred around tho body of the <hild Mrs. Gold ' feder came up and learned of the deatli j of her baby and the lnjury ot her hus 1 band. The aceident happened near the bot tom of Duffy's Hlll. one that ls most ' dreaded by motormen. Once started down thls Incllne brakes an* of Mttle use. It was impossible to take the child's body from beneath trm who-Ms, although a large crowd of viilunt.-ers attempted to 11ft the car. It was ncc essarv to call a wrecklng i rew from the bar,ns at 100th street before the body could bo removed. 8 SCORNS ENGLISH TITLE President of Soo Lines Would Remain an American. Mlnneapolls, Oot. 22.?"Some. day I may lnherlt the estate and tltle of Lord Mnncaster, masler ot an English es? tate," said Edmiind FtBataftOff. preei? dent of the Soo llnes, to-day. Mr. Pennlngtrm added thnt he would not nttempt to obtaln the title, but would tvmnin nn Amerlcan. The story became known to-day on recelpt of a dlspatch stating that Lord MuntHhter wai searchlng for the de scendants of a brancli of the family whlch came to Ameriea many years ngo ur.d askiiig concernint* Mr. Pcnnington's anceetora. "I have known about thls for years," ?ald Mi. Pennlngton. "My ntoce hns vlsited the estate of Lord M'ir.caBter. unil members of my family tell me there is no doubt that I um the biaral helr to the tltli- and estate. I am oot, howc'or, Interested In investiga'mg the matter. nor :n eommunlcatlna* wlth Lord Mnncaster. I have received let ters from England about tiie mat'er, and so has my hrothor in Texas." 8 8E00ND SLEUTH ARRESTED Doyle Accused of Aiding Seleske in Alleged Extortlon. Kollowlng thr- arralKinnr-nt of DetecttVe S'-'.enke tn rourt y,st.rdav. I.h-utr-nant, Daalel Coatlgan made a seoond arrest in | the aiii-K-'d extortlon eaae. Th?- aecond ' man ??'?.ts arreated In Commissioner Waldo'a oirice at Poiice Hoadquartera He la Patrolman Jamea Doyle, at preaent act lflK rieteetlve ln the Stlla'aT Btreet Stuttiin ln BrOOkljm, ar.d la Charged with belng Itnpllcated wlth Baleeke ln thr- alleged ex? tortlon. After making the arrest of Doyle, Lieu? tenant Coatlgan t<mk the prlaoner to the staK** Btreet atatlon, where he was looked up. The cumplalnant againat Loyle is Vh-tor Kilmon. tie- same man WOO mada the inmplalnt agalnat taeleske. It was aaid last nlght that Lieutenant I'oHtig.in ronducted a aecrel ln* aft. r tha arreal of Beleake on Monday, as a result of which he placed Doyls under arreat. Nothlng was found on Doyle or a nature whlch would tead to al was Impllcated ln th?- alleged extortlon. Doyle would make no atatement. beyond aaylng thal he wruild he r- pri sented by counael In i ourt 8 was arralgn?d In police court yeaterday, and hoM In H,dN ball it is allaged bo fOt UM from Kllrnon to save him rrom arrest on a larceny charge. DRANK COFFEE, DIED AT 105. IR) Telesrsptl lo Th? Trlr.une.l Aahevir.e. n Ci Oet & -Henry r?un can. whi> had reaehed the age of Mi v, u -. dled here to-dav from hr>art dtaeaae, brought on, fhe doctors say. by hls ex cesslve uae <>f coffee. HOTEL WORKERS PtAN NAIN'LSTIEIV.1 Union Also Organizing Elevator Men in Business and Apart ment Houses. MASS MEETINGS CALLED Effort Also Will Be Made to Close Restaurants?Ap. peal Made in All Languages. As forernef In Th" Tribune sevarsl wi-eks ,'iko, preparatlons are belng ~.1(jt for a national strlke of hotel *-mplojft Including cooks. wnltera. chamberrr. '< wnitressep nnrl othera, on or al.t \a. vemher l Repreoentatlvca of the unton s.-ihl yesterday that two mass mra|irf. have been called to orgnnizo the hotel help. The elevator employes are alse he!n| organfzed aa a branch of the Interna- ? ttonal Hotel W'orkers' Ctklon. under whose ? ;i'isp|i es tho movement has atarted. Th? flrst of the maas meetlngs will be held to-morrow eveorbg at Bryant Hall. N'0. 72> Sixth avenue. It wlll be addressed by Jacob Piiiiken, E. Itossonl, W. Efejfa, man, .1. fiNter, M Dumas and H. Mor? rls. The call to thls meeting, which la printed in English, Greek, Italian snd Fieii'-h, Kays: The h'ltel mr-n have thelr unlon. but they deny the rlght to their employes to belong to a union. lt showa that they want tn keep jrou ln slaverv v. ith low wagea, long houts and bad rood t'omi Joln our ranks. We are organizing all nver the country. Every worknr must I b.'long to an eeonomlc organization whlch * wlll protect hls Intercats. The pecajnd mass meetlng, whU-h wlll bt) > made up of the do.wntown i -airant werkere, wlll be held at the Mar.hara* ' I/veeum, No. t>> Kast 4th street, on Tuet day evenlng, <>c-t. ber 29. ll. Miriii who .- irgaidalng th.- elevator runnera, aald ' that the strlke would Involve the elevator nifn and the hotel and reataurant ern- ! ployea al the aama time. "The employes of the hotels," he aal*, j "are ready and eager to come out; and { while we would prefer that the eriks J would not take iil.nr. until after the cirtf*. j ing ball of the International fl itel W ,rk i-rs' Unl'tn, on October !'. tl ?.,- i r* ?o sager to strlke that lt wlll be i ard to hold tfanm back. In tlie nu-.-in tlm?. w$ are rapldly organlslng the elevator run ners ln b!1 hotels, restauranta, a;'aitnient houaaa and offlce bulldinga Theie a 11 be two branchaa of thia parl of the imlep? the colored and ths wblu i i ni'.re er,| ? men in thta The follou 1 e - 1 ti) runni is; Th the wrirklru' claSS, ie< thi ? sa aa to k?4 p ln - oppresi rkera li ' to the J ? Bchem , go up t-i tiu m ls, knowlna i grantmir of th . for the other f- >wa you are .-. . .. do the satlfe. Ifprrla said laat evenlng ' ln Rochesti tor runnera hat I In j those cltles. AVIATORS FALL INTO RiVER Army Men Hurled 100 Feet Into the Potomac. Waahlngton, Oet. M.? 1 Qelgeraad ""lirp""*! Ward Biee, army aviation whooL nurrowiy i deatb tr>-day. when their hy* dro-aeroplane foll into thr- Potomao Rlver from ? helght of one hundred f.-.-t. A Btldden tr? ist of wlnd d 1 ihe wlnga. The two avtaton r-s ued by n launch. Nelther was in lured ABOUT YOUR EYEGLASSES One can't afford to take chances. 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