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New-York tribune. (New York [N.Y.]) 1866-1924, October 23, 1912, Image 2

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getaway." Thnt was prlor to the
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.
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?
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
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
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 ?
<^ 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
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
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
" '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.
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 *?;>.
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? " \
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
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
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
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.
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
'.' 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.
Q ? What wai that r-onversatlon?
Mr. Mclntyre scdjeated and waa a.is
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.''
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
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.
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.
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
"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."
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?
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.
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.
Union Also Organizing Elevator
Men in Business and Apart
ment Houses.
Effort Also Will Be Made to
Close Restaurants?Ap.
peal Made in All
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
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;
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.
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
One can't afford to take chances. Give your eyea
the best to be had?and they will reciprocate with
equally good aervice.
Our eatabliahmenta are monumenta to careful,
painataking, aclentific and aucceaaful handling of the
moat ditfficult eyeglasa problema.
The eyeglaaa wearera' Mecca: Fifth Ave.-27th St.
j9 t^ ? , 2.17 FIFTH AVENUE (-27th St.)
a^/_^_t^A^_n^_r4 ,25 WEST 42nd ST' (Nr' B'wa-/)
iXTf *^^\M^l/tn^^ca% 65<) MADISON AVE. (Cr. ?0th St.)
AWl 9ar*w -T? 104 EAST 23rd .ST. (4th Avenue)
OPT1C1AN 255 LIVINGSTON ST. (Brooklyn)
l.onrliMi Parla M.?_* V/vvIr
la Old Bond Bt. B n?e M.-rlhe 1VCW I OTK
A Woman's Suede
Walking Boot with a
smart appearance but
thoroughly comfortable
WE strongly recommend this shoe to women
of refinement and discrimination as being
the perfect type of street shoe. Medium
toe, Cuban heel and Pearl Buttons.
You can have your choice of Cammeyer Black,
Nut Brown or the popular Dark Gray Suede.
Stamped on a

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