New-York tribune. [volume], October 24, 1912, Page 6, Image 6

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SAY PERKINS SEN1
PgOOO TD BEVHBDGE
Three Witnesses Testify Ind
iana Senator Returned That
Amount to Financier.
DID NOT NEED THE MONEY
Contributions Made by Edward
McLean and Gifford Pinchot
Also Sent Back After
the Eleetion.
[From The Tribune Bureati 1
Waahlngton, Oct. 2."..-The Senatorlal
campalgn of Albert J. Beveridge. of In?
dlana. oecupied the attentlon of the Sen?
ate campalgn Investlgatlng committee to
day and prevented an adjournment until
aftr r eleetion, as had been planned. Three
witnesses fmm Indlana testifled that Sen?
ator Beveridge, after hls eleetlon, had
returned 157,500 ti> three donors to hls
campuign. Of thls amount. |M,000 came
from Qeorgfl W. Perklns, $_?'??? from Ed*
ward MC?eaa, a cousin of Senator Bev
rom Gifford rinchot.
The wrltnaasaa Inslatad that three cheeks
of tUkMb each were returned to Mr. Per?
klns, who had prevlously testifled that he
had eontrtbutsd only |
Mr. Perklns, aXter Bearchtng his fiies,
sent to Senator < lapp to-day a lett.""
from Senator Beveridge beglnnlng, "Dear
Old Maa." whlch aceompanied the re
1 checks, asking him not to be of
f ended.
To-day's witnesses were I_rz A. Whlt
eomb, John T. ilayes and Leopold G.
Rothachlld, a!l of whom were apparently
Trir ndly to S.-nator Beveridge. Other wlt?
s from Indiana will be examined on
tl asma questlon to-morrow. Senator
Beveridge has lnformed the committee
that he wlll be unable to appear before
day,
Not Ready to Adjourn.
Hof committee will sit before
arijoiirning to give its members an oppor
tunity t" take up the campalgn in their
statea aeen.s to bt- a matter of
doubt. lt is not probable that hearlngs
continue beyond this week. and lt i-*
? nat any v?.ry importaM
wltnesses wlll be s-uir.?.oned. The pn
tlon has been made, however. that the
tlnua ttfl work for a
;.e after the eleetlon.
Mi. Whltcomb wss on the stand
Oge asked me to look
at some letters on his desk. I saw one
Orga W. I'erkirus and to lt
..ttaohed three checks or drafts,
8. Another letter was ad
ird McLean and attached
? k i t $:?".,o0i>. The third letter,
tu Qlfford Pincbot, was atcompaiiicd by a
? k. '
Mr. Whltcomb said Mr. Beveridge held
y until after eleetion-before te
? in oider to prevent its use in
thr- He thought the money
.-ent to Indlana fur general campalgn
ses.
"My information is," said Senator Pom
at thls money was to be used
in the event that the fund to be sent to
Indiana by the national committee dld not
b $100,000. If the fund fell short of
that sum. I understood these drafts were
ti be used ln making up that amount.
otl know that is so?"
"No, I do not belleve that it ia so,"
n-plied Mr. Whitcomb.
Mr. Whltcomb e\plalned that Perklns
:.dge had worked together when
i idge was a book agent and Perkins
br. InBUl : in Indiana. This
friendship, he aald, was the cause of the
.tion.
Persuaded Beveridge to Wait.
Mr. Kothschild, surveyur of eustoms at
? ,s, who was a member of the
executlve committee of the Indlana Re?
publican State Committee ln the 1901
campalgn, saul he belleved the state com?
mittee reoalVBd $75,000 from the natlonal
tcrnmittee. He said "Mr. Beveridge ap
?." when he showed him the
l and drafts early ln October.
"Ha BSid he thought he'd send the
B4 y rlght back," Rothschild contlnued.
' J thought it would be a bud thlng to a&nd
it back, because lt might injure the friend
fhip of the men who sent lt. So he de
termined to hold lt until after the elee?
tion. I remember he put the drafts and
checks in an envelope and put lt ln his
vault to be returned after eiectlon."
The committee adjourned until to-mor
row, after a letter from Judge R, S.
Lovett, of the Harriman railroads, had
been placed ln the record. relatlng to the
dlsmlssal of the government land suits
BgataWt the Harriman llnes. The letter
lncluded court records to corroborate
Judge Lovett's testlmony that the sulus
were dlsmissed ln 1895, about ten years
before the date of the collectlon of the
Harriman $240,000 fund. Joseph H Mo*
4'all, formerly a government attorney,
had testifled they were dismlssed ln 1&05.
Judge Lovett contended McCall had eon
fuged separate Buits.
Mr. Beveridge's Latter.
The letter from Mr. Beveridge returnlng
the Perklns checks was glven out late
to-day by a representatlve of the Pro?
gressive party. It read as follows:
L>ear Old Man:
Herewlth 1 return you untouched the
splendid sum you so generouMy Ht-nt mo
to help me ln the battle just won lt
was nohle of you, Oeorge?characteristic
of your great btg noble heart; and J.
am grateful and appreclative beyond
da to exprt-s*. I could not use a cent
of the maamlflcent amount you placed at
my clisposal, and so return it to you ln
tact.
Do not feel off ended at thls; my cousin
me a draft for $2.".fO0 and I re?
turned the draft to him Just as I am
sei.ding the enclosed back to you.
Your beautlttit fr'endship, steadily
? d as the years pass, ls very sweet
and dear to me
Glve my re^rards to our mutual frlend,
my love to the folks at home, and be?
lleve me always, wlth tendercst affec
llon, as ever.
ALBERT.
CONDUCTORS WIDOW SUES
Asks $25,000 for Loss of Husband's
Life in Smash.
The suit of Mrs. Christlne W. Sidel
aKalnst Mauti ? BOd the Renard
Company for 0MH damages for the death
of her husband. George Sidel, a street
BSJ cor.ductor, came to trlal yesterday
before JOStlOfl CehslSH,
Tlie clreumt-tances under whlch Sidel
lost hls lif-.- were peculiar. Glasser was
driving a wagon ln Central Park West.
lJ.-hlnd li ui: was a motor ilelivery wanon
Iglag to the Renard Company. The
motor wagon ran into the other wagon.
A* that moment an open street car was
naflfllng with Sidel on the running board.
Glasser'a wagon fell agalnxt tlu- car,
king tbe conductor off. Sid* 1 fell
under tho whi.els of*the car and was
ciushed to denth
The v'id.ct of tbe coroner'. Jury was
that Sidel's death was due to the neg
llf-ence of Frederick Klipfer, drlver of
the Renard wagon.
BECKER LISTENS
TO FINAL PLEAS
ronllnneil from flrat pa*r.
nesses who teatlfled against Becker and
a severe attack on the District Attor?
ney for the "methods" employcl in
buildlng up the case against the de?
fendant. Bockor'a eounsel worked hlm
self into a verltflble rage at times, and
eeraanad his deflance at th" Dlatrlct
Attorney. 11?- characterlaed the four
princlpal witnesses in the state's case?
Rose, Weber, Vallon and Schepps?aa
cold blooded murderers, the vilest of
degenerates and law breakers, and un
Worthy nf a nioment's belief. Mr. Mc
Intyre waa completely exhausted at the
close of his address. and almost Btag
gered from weakness as he walkod
from thc courtroom.
Mclntyre Interrupta Prosecutor.
Becker frequently called the atten?
tion of his counsel to polnts ln Mr.
Moss'a flnal plea where the DToaeCUtor
appeared to drift a littlo away from
the evidence before the Jury. Mr. Mc- j
Intyre made one or two sensational ln
tarrnptlona on the strength of Becker's
suggestions. At one point he shouted ,
at Mr. Moss that he knew tho BtBtO>
ments he made were not the truth.
Mr. Moss had characterlzed some of
the statements ln which Becker's coun- j
sel Indulged in his attack upon thc j
methods of the Dlstrl. t Attorney as
little short of pubornation cf perjury,
He accused the lawyer for the defence
of wilfully splltting eentences in read
Ing certain evid.-i.ee to the jury, and
thereby Intentionally trying to mlslead
them.
Mr. Mclntyre finished hls aumming
up at 2 p. m.. and court adjourned un?
til .'130, when Mr. Moss, Assistant Dls?
trlct Attorney, immediately started
upon another four hours of summlng
up for the people. The court attend*
ants and the pollcemen BBBlgSed to
g.iard the doors of the courtroom had
dUBculty in eontrolllflg the crowd anx
lous to get in nt the openlng Of the
afternoon session. A large number Of
men and women were turned aw.iv,
after every BVallable seat hn?l l.een
taken. No one was allowed to enter
ur leave the courtroom duflng the final
argument of the state's case.
Mr. Moss ht-gan hy warmly denounc?
ing the tactics of COUliael for the de?
fence ln attacklng the Dlstrlct Attor- I
ney. He declared thnt BUCh methods
clearly ahowed the deeperatlon of the
defence. He added:
?\Yhen cjiapes are hard for the defe- danta
lawyera who practlee al the crlmlnal har
often resort to an attack on thi
cutinn offlcera lt has been my experl*
ence that when that particular sltuation
?well upon it ir.dicates
weakness in the case of the defendant,
and is an effort to point a wai
from the Kuilt of tbe d.-fendant. Not
once, but Beveral times, the Dlstrlct At?
torney has heen chaiR.d with conduet, by
the eenlor counsel for the defence, such
as, if it were true. he would not be worthy
to hold hi? offlce. I merely refer to lt be?
cause lt indicatre the consclous state of
minrt of the defence and shows the des
petate poaltlon in whioh they are
It was charped thal Mr. VVhltman'a
ludgm.-nt may havo heen elouded by his
politlcal anihiticn. While others have
been Wi rkinK wlth thelr eyefl on the
prlzes of publlr life. the Dlstrlct Attor?
ney and hls slaff have been here working
on thla case. It was also said that Mr
Whltman wanted the "blg flsh" and not
tha "amall fry.' The only flsh in thls
case rmpears to be those that came from
the mouth of senior coutiBel for the de
f,r. ? Mr Mclntyre aeka if we i-ring
gor>d men here to testify for the people.
Can wa chooaa eur witnesses? *^an W|
make our witnesses*' tan we hrlng good
wltneaaea here from the, cesspool of llfe
in whleh TT.:!' defendant lived? We are
standlng on our own feet here, trylng
a hard case, a case that had trled our
own hearts. All these charges Indirjate
tbi deaperatlOB of the defence.
Accuaea Mclntyre of Bad Taate.
Mr. Moss read at lrngth from the
testlmony of "Jack" Rose, which Mr.
Mclntyre had quoted to the Jury. and
acoiic,-,] the lawyer of will'fully leav?
ing ( ut parts of aentenoea ln order to
mlslead the Jury. He said that sort of
thing went 4,n through the whole ad
dreea of Bockor'a counsel.
"84 nlor counsel for the defence re
?orted to these tactlca and left out thia
teatimooy by unconpleted sentences to
mlslead the Jury," said Mr. Moss, whlle
aurrounded by hls coterie of assist
ants.
Mr. Mclntyre arose and ahouted*
"That Is not true. and you kn4,w it ls
nol true. Be falr, he fair."
"I don't Intend to have thls defendant
acqultted by any auch methods," re
torted Mr. Moss, "and I do not Intend
tn be afrald to BXpOBB them."
Mr. Moaa went on.
??] has said the mm ln the West
14th street prison have every luxury
and .ii'" not under lock and key There
is nol a bit of evidence to that effect, and
I sav that it is not true. I say that
counsel has been guilty of mlsrepresen
tat on.
I.et us look at thls matter ln the reg
nd natural way. The prosecution
tak.-s up the witnesses. Before we take
p w.- mual look at the seven BMB
. hargeo with the murder. There are the
men 1 ehlnd the guns -"l.efty" Loule.
"O-p" the Blood, "Whltry" I.ewls and
"Dago Frank."
?he bralna behind the guns
Vallon snd Weber, nnd then
there |a the will behind the stuns.
Of courae, the important man
behind the run la the wlll, bul when the
men flred tnoae guna it waa thc
,.; ,1 the wlll e ho flred them. Itos,-. Val?
lon and Weber, the bralna, ined the
guna al the order of tbe wlll Me. ker.
They would never have heen directed
agalnal Herman Roeanthal had lt not
been for tha wlll behind the bralna. it
. n 1 aid thal we 1 ntei ed Into an
agreement f"i -i bargaln and aale with
theae men, and that after this iH*e la
over these men will bc B4 ? n on Broad?
wav. If we hadn'l taken them the
whole ten WOUld 80 *''"- If WC hadn t
takei. thes.- three in-i; aa witnesses we
would never hava had , i ?
if the- had atood pat we w-ouid never
i the gunmen to ano** to stanisn
and Krauae and II would have be^n n
tha death would
en .-alled the reaull of a sjam
? ,u and the defendant WOUld hava
- e on hia wa?? wlth Roaa
NOW, t OUI luty tO K'et these
thiee men when We found a chance to
get them? \\> gi ?? 'hem rlghts.
Bul wli.it did we give them? N'othlnie.
Thfv Ka\e ua eomethins ir we iiu'l
taken them before the grand Jury they
would have been lmmune
"They would not It Is not the law,"
shouted Mr. Mclntyre.
"I let you have your way thls morn?
ing." said Mr Moaa, l>on't let ua
flght."
SAYS MdNTYRE TRIED TO
THROW DUST IN JURY'S EYES
Mr. Moss then contlnued, saying that
lf the men had been subpoenaed before
the grand jury it would have made
them lmmune, while the stipulations
were that they must tell the truth. He
added:
Do you think those men had any In
centiva to tell the truth? i>id you hear
them sav that? l aay u la a ahama to
throw inud at the Dlatrlct Attorni
dust in thfl eyefl of the Jury. if it hadn t
been for those three men we would not
have had a case. aml lf lt had been found
that those men weren t tellmg the truth
or that Vallon had flred tha shots tha)
would be prosecuted And as to Mr. MC
lntyre's statement that these men would
be walklna on Broadway, how- rWcujou*
The frlends of the gunmen would see to
that. rest assured. . _,
As to the dead man. nothlng need be
said. He ls not here to say a word ta*
himself. He mlght have been a bad char
acter tho fact that he was a gambler
po nt. out that. Why. wa oUJmmje*r
reputable ger.t emen who sometimes go
to the ganftling house and play a game.
htit thev ar* h*lied if they testllied. The
t$t\ha\ Rosenthal was a gambler shows
tbe attltude of Becker t0.*'\ar'"} ?mofflcer
The flrst wltness called was """?[
Pradv. who heaid the shots and ?aw th
bo-i ? ar.d who waa later L'u? ?V??a *e of
the body. Thnt 1- th- flrst rteplB es
UblllhlnS what we cal the co rPUB de
tie'l Then came Ofllcer Willlam nn,
who was off duty, dlning ir. tha rSS*
raurant snd who heard the shots and
r-im* outside too late to see anythlng
?tass e *&&&&
ffl_ S?o ~r*c<?."i m. ??<?*??Jl
fmbttotai 'mv of the murderers or ln
heard the ^hots and saw a man flr-h*
one shot Counsel crltlcised Kraus and
Sutiishand others who saw four m?.
bec-.use Hecht only saw one. But vou
muat "member that Hecht aUrtsd baek
?_<*? iv. dnorwav Now about Kraus,
Mr Mc?ntvre Tpo'ke about the testimonv
nf Kraw and confused his testtmony
it*-T thit of Hecht. As a matter of
2$ Hecht said he saw four men, but
?n(lounn4ltS& his own worda when hi
said ?\Tack" Bulllvan leanedover Rosen?
thal with a "dlabollcal grln
c'ontlniiing, Mr. Mosr said:
You remember Kraus was cross-exam
ined and asked if he had told any one of
the shooting. He said he had told the
t mekeeroei and a prlvate detective. mak
ng U ohvl.lus that lt was Intendsd tO
show that he had not told any MM that
But when they had roadi b ra stand
th? tesT why dldn't COUnsel bring those
e>p . lier,- when they lald the ounda
iton? If thev did see th.-m and didnt
cnl" them. it is for US to belleve that hls
?torv was true. Now, g.-ntlem.-n, did
vou see him go over and phk out theaa
l ?n fa? to faceT Did ba resUy >;'
Heve those to bs tbe gunmen who dld
thi shooting? Do you belleve, a poor
waiter would do that lf be WSS not car*
r?tn of bla men? Hl stched out "Jaek*
?-iiiilivan ln that COUttrOOm.
lio vou think if he waa ln wlth those
m.-n ha would plck OUt Btb man who was
Beckers companion on tliat nlght?
Then comes Stanlsh. yhe man who coun?
sel savs hai. weak e/es, and that it ls
lmposslble for hlin t/. see 125 feet at 1
o'ctoek ln the mornigg* offlcer Flle said
that lt was as llght *s day ln front of the
Metropole when Rosenthal was killed.
Tha same pollcy of turning the point
away from the defendant appears when
counsel savs that Stanlsh was dlckerlng
with a proaUtUta Counsel used the word
"iKckerlng" in his questlons, b^t Stanlsh.
speaklng through an lnterpreter, dld not
use lt- But counsel tenda to east hls tes
tlmony as auapicloua by aaying he araa
dickering with a proatltute.
? lentli men, you i-.m see why gr.od people
c.o not feel lik?- comlng Into a (ase llke
this, for fear of what may be on the
inslde as well ,'is on the outside He said
thera waa nn automatlc gun, but counsel
eald he couldn't tell a gun at the d!?
tanci if U'o f.-et. That man la an In
nd the g in mi_ht have been held
so ha could dlstlngulan at thal dlatanca
Takes Up Conapiracy Theory.
Mr. Moaa revlewed the testlmony of
other Wltneaaea called by the state, and
flnally came to the theory of the con
Bptracy of Rose. Weber and Vallon to
klll Itosenth'il as advanced by tho de?
fence. He said that from the speclflc
questlon put to Rose and Weber and
Vallon on cross-examlnatlon hy th? de?
fence the Jury must have expected to
hear a lot about the "great conspir?
acy." He read a page of nnmea of
men who were referred to In these
questlons, hut who had not heen called
as witnesses hy the defence. The the?
ory of a conspiracy on the part of
these men 10 klil Rosenthal for thelr
own personal hatTBda had fallen down
lamentably, he said, and added:
What does lt mean" Is counsel play
ing with the COUrt? Ia he BUttlflg up a
false defence hy heaplng all these hor
rlble things on Roae, Weber and Vallon
bv Inaliiuation in his queatlona, and then I
falling tr, call any of Ihe witnesses |
I mentloned to substantiate the accu- |
satlons'' Are we to be Mamed for
not brlnging genteel folks bere when
UlB defendant has not been genteel? Tb
he the one to complaln? Ib Becker the
one to attack the chars.cter of "Jack"
Rose wlth whom he frequenfly broke
breHfJ and took hls own wife to call and
dlne wlth the Rosea?
Referrlng to the testimonv of "Jack"
Sulllvan. Mr Moss said that the wit?
ness had used outrageoua langnago and
said some very lmprohable things. He
said he couldn't imagine Rose puttlng
hlmself in Rulllvan's hamls day after
day, wh'-n Sulllvan testifled that Rose
was telling hlm of the "frame-up" on
I'..-, ker and laylng hlmself open to per?
jury, whlle at the aame tlme Sulllvan
was holding to hls posltlon and calling
Rose all klnds of names. Tho testl?
mony of Sulllvan's brother, Charles.
had ln no way corroborated ihe testi?
mony of the former "King of the
Newsboys," Mr, Moss said.
The testlmony of Louls Plitt, Robert
Fmlth and many of the policemen who
testifled In Becker's favor was hlassed
and as lmprohable as the testlmony of
Sulllvan and other witnesses, the pros
ecutor declared. He revlewed much of
the testlmony in detail to support hls
contention.
"Val" 0'F*arrell. a former detectlve at
Headquarters, hut now a movlng aplrlt
In roundlng up witnesses for the de?
fence, waa ln evidence everywhere ln
the testlmony of witnesses, Mr. Moss
said. Many of the witnesses had gone
for a long time wlth Imp4>rtant Infor?
mation ln regard to Rose's and Webefs
part in the murder locked up In thelr
hreasts without communlcating wlth
the police or the Dlstrlct Attorney, and
the information had been forthcomlng
only when OTarrell applled "tho brass
key" and opened its eourceg, to be used
In the case. Several of the poll:emen
had not recalled conversatlons they
had with Rose and Weber or threatB
that those two had made against
Rosenthal untll O'Farre',1 had remlnd
ed them of lt, Mr. Moss said.
The Asslstant District Attorney said
that the testlmony of the reporter.
Frederlrk Hawley, who testifled that
he had not lost slght of Becker for
more than flve minutes at a time after
he came down to the Wrst 47th street
statlon house on the morning of the
murder was entirely false. Hawley,
however, on cross-examlnatlon, had
turned out to be a good wltnes-s for the
prosecutlon, he said.
Hawley had testilied that Becker toid
hlm that iilght that he, Becker, "dldn't
know anything about the nvurder." That
showed ln Itaelf a guUty knowb-dge in
Becker's mind. said Moaa, "Why should
he have toid Hawi.-y that'.' Why was
Becker at the police statlon at all tbat
morning? It was not hia precinct and
he had not been atsigned to the case.
He, ker hnd seen Weber and Rose, and
congratulated Ihein on the murder
when he flrst came downtown, Mr. Moss
aaid. Hawley testiflerl that Becker
reached the statlon at about 3:30 a. nv.
but the blotter showed he got there at
4:25. That gave him tlme to go over
to 4L'd street and see Rose and Weber."
Mr. Moss called attention to the fact
that the defence dld not have to call
any character witnesses for Becker. but
they had elected tO do so. It seemed
rather ludicrous on Ita face to hear
character witness.s swearlng that
Becker had a flne reputatlon for peaee
and quietness when he was the head
of the "strong arm'" squad.
Referrlng to ".Kam" Schepps, Mr.
Moss contlntied:
I do not sav that Bcheppa had no con
nectlon wlth any psrt of thls sltuation.
Schepps knew after the murder that
Rosenthal had been murdered in a I on*
splracy organlz-d by Bose at the utatl
gatlon of Becker. Bose toid Schepps
winn he deemed the tlme rlght Bcheppa
was an accompllce aft-r th.- .-rlme Thls
is a eeparat- (Time lt is not murder
and ls punlshable as a aeparatc .rlme.
Murder In the flrst degree requirea prc
monltlon Bcheppa never thought of the
murder ->f Herman Rosenthal; nev.-r de
Blred the murder of Herman Rosenthal.
Bcheppa -iid not know th.it thc murder
was to be commltt.d He knew it aft.-r
ward and this ls whei- hc beoomea a
rrtmlnal. He hld Rose after the murder
Thls Ib proved concluslvely by the letters
between Rose and Schepps while the lat?
ter was ln Hot Sprlngs.
Now the btters show that the flrst man
to trv to get from unuer was oecKer,
Rose dld not try to make a ^nfession
untll he found thev were golng to throw
him to the wolvee. I aald the -*?wliorae
tlon r.-sts on Schepps up to the part
where hC be.ame an aoressory aftef.the
fact. on Luban and ofl the clrcumstantlai
evidence of the case.
Becker'B Tremendoua Motive.
There ls motlve on hls part. TrejBen
dous motlve on the part ei Becker to put
i.thal out of the way.
There were plans to d scredlt hlm and
when he dled Becker rejoksed Add tBBl
i elemenl wlth the living wltneea and you
have the -orroboratlon -ou are 001
. asked to eonvlcl thls defendant n tfla
sutementa of Luban and at^ehwae^am
,,n thc testimonv pf the other w"3f?"*J
and the tOOM Ot* rir.umstantl.il evld.-n"
Mr. Moss crltlclsed the vislt of Mr.
i Hart. of counsel for the defence. to the
! home of Harry Pollok to get an affi?
davit from Rse whlle the latter was ln
Ihldlng there. and ualng B eoU ^i*nal
i "J. H." In order to galn entrance to the
; h4)UFe. He said:
Kven after Rosenthal was dend. Becker.
Inot knowiiur bow rtlM- ^ go nu to
'turn out, ha.l ^ent hieMUneel to IW-e
to get an allldavlt whlch eloeed }>'''*
; .noiith against hlm lf Bose ^OUld^eVW
ward. when he saw that Becker dld not
Intend to help hlm.
Mr. Moss declared that an inveatlga?
tlon Of gambllng and graft was ahout
! to hegin hy the Dlstrlct Attorney's of
! flce when Rosenthal was kllled and
j blncked the mnchinery that had start
i ed Bubpcenaa had gone out to many
i men, Who aft.-rward wer? siared off by
J the fate of the ",Sq,iealer" Rosenthal,
i he aald. "Wbataver yvi may say of
i Rooenthal, you may aay that he was a
| brave man-that he showed unusual
! couraga?for he gave his life because of
| hls lack of fear of consequences to hlm
; self," said Mr. Moss.
The proaectttor revlewed the connec
ti..n, step by step, of Becker with the
murder plot as the proaeCUtlOB had
1 formulated Ita eaaa. He said thal
B>-< kor had been BOCUSed flrst and
! brought* to trlal Brst because he was
; t!ie -.rlme ftgurc ln the whole plot. In
: closing. h<- urged the jury not to flinch
I ln dolng Its duty and to bring In a ver
| dlct of gullty againat i'" k> r.
BECKER MUCH AFFECTED
BY LAWYER'S STRONG PLEA
Seidom In a court of law wa* a more I
able defence made of B man than that
ma.ie hv John f. Melntyrs, chief ooun
sei (or Ue<ker. ln the four houra* sum
nilr.g up to the jurv yesterday. There
waa n?. w<.rd of prals* ot Becker B.ther
ns n roHceman or a prlvate < IMeen ln
all Mr Melntyrs said And several
Umefl during hls long addrSSB he re?
nnnded the Jurors that Beck.-r was not
belng trled for graftln* or bla<kmall,
but murder
Heavy black puff" under the eyes bore
UUtS tSStltnony to the straln under
which the chlef counsel (or the defence
had laWeil during the last three
weeks aa he erose at I'i oVlnck ye?
terday morning to speak the last wr.rd
ln favor of Becker thnt the Jury mleht
llster. tn So when the n-Med crlmlnal
Inwver stn^'gr-red In the mldst of hls
ud.lrrs.-. a senten-e half flt !shed on
his llps. 'rnd covered hls face wlth
trembllng handa a murmur ran
through th** court.
Thls rumble of the crowd save.l tha
lawyer from complete rollarse. Hs
Steeled lilmself to the orde.il bSfOTS
him, atnl taking water from ft glass
offered him by one of hls BSSlStanti
contlnued wlth hls address.
Hls voice was weaker as he resumed.
but here nnd ther.-* ln the two hours
Btll] remalnlng. when carrled away by
the ardor of hls catise, It was the Mc?
lntyre of old who spoke. Impassloned
and flery.
The accused police llr-utenanf was
much affected by the magnlfleent plea
made In hls behalf. and teare started
ln hla eyes on .everul ot caslons. In
atrlklng contrait to Becker was tho
woman who aat hldd<?n in a corner.
her head bowed. her face wr-aring an
attempt at a rheerful smile. And
those who knew her dellcato condi?
tion. whlch would mean a nurse and a
physlclan to the average woman, m.ir
velled nt the courage bt BedWt'i Srtfs.
Mr. Mclntyre". addresa mlght be
dlvlded Into three parts. Two parts
wer<* plain to the most cosual ob
Hervers. They wrre the bltter attack on
the .harartera of the chlef wltnesses
of the Mate, notably. "BridKio'* Weber.
Harry Vallon, "Sam" Schepps and
"Bald Jaek" Rose. and the Impas?
sloned plea for the llfe bt Becker
The thlrd was Intenvoven wlth these
two. It waa an an?lyel? of the strong
est parts of the prosorut1on> case.
And here the long years of prnctlce
came to the lawyer'a ald. He read td
the Jury sectlona of the most damnlng
portlOJIS "f the state.'s testlmony wlth
such artfulness aa to <reate a feellng
Bf sympathy for the defendant.
Every turn that hls legal mlnd could
suggest aa helpful to hls case Mr.
MoIntyTS made us* of. In the readlng
Of the testlmony glven by men at Hot
BprlngB to whom Schepps talked after
hls nrrest Mr. Mclntyre emphaslzed
Schepps's talk about Rosenthal's al
l. ged "whlto slave" connectlona, ex
ciaimlng dramatlcally:
If Rosenthal waa ln the "whlte alave"
trafflc, then the hand thal Blew him was
i . thi Almlght). And lf Hai -
man Roaenthal ?n ln the unholy frafflc
of the virtue of our young womanhood
ii *.ii no loaa to oui
now mui' I, a s :t
li a v, arnlng to othera a bo would ?
in that unholy trafRc.
Mr. Mcfntyre's flrst worda were to
? the cl ira*s <m whlch the de
(ea a waa predlcated that Becker wsa
the "ictim of a conspiracy?and
throughout hls sddress Rose was pairit
ed as the arch consplrator. Contlau
ing ho said:
I am defendlng'an Amerh an-not a mur
derer Hli accuaera are vlla?not lovora
oi the fiag or i
whlch we llve, but i lawlea. and
e:atr* ?.-t reeklng In filth and Infamy:
they hava tarnlaned tha fslr nam*? of a
r? ? at Ity, i cltj i lore phllanthroi l ? and
- than any ln tn.? worid Per
lia^u when 1 s.iy thls you may think I
mean thr* nn ,-.-, blood. 1
losesi frh'i
that kind?closest to me ln a profes
?lon il .ii l a* lai sa).
Th.- Diatrlet Attorney has been mls
led?| api de< elved, maybe a
: ibltlon often I ?
good ludgment, t.. tha and that ha has
rathered a prosecutlon "framed up" by
r rooka .
Thls trlal had Its blrth In the heurts
of four murdsrers?Ross, W*?ber, Val
li.n nr. t Sche| pa aelf-confeaaad sssas
elns, all of whom, when lt ls over. wlll
bil free men agaln In thls city to agaln
murder lf they please,
Ross, as the evtdancs Bhowa, rherl-hod
hla anlmo.lty agalnat Roaenthal, as t
wlll ahow: i toward h;m was
bltterer tnan aall. He deapleed the
ground upon which be walked He eon*
nived al his murder, and when d<
a iink had to be forged connectlns aoma
one hiKher up The p ibUc mlnd had been
Inflamed -hyaterla pravalled 1'ubiii* clam*
oi waa rampant Th*' evidence shows
that the Dlatrlct Attorney dldn't want
small fry, but I ttr flsh. Rose saw hls op
portunlty atid thfl "framlng up" on Beck?
er then starts.
Then turntng from the Jury, whom
he had been addreasing at times ln a
conversational tone and ngnln wlth
all the volce and gesture at hls com
mand. Mr. Mclntyre rushed toward
Becker. and, wlth hls hands out
stretched, crled out:
You have Chartea Becker here thls day.
on trlal for hls llfe. nnd the four gunmen
atlll ur.tried. flsa the anomalous sltua
tlon that arlses lf Becker la convlcted of
murder and th? csss agalnat tba gunmen
fall Yo-: have Becker up ln the \, ,.i
h'liiio swaitlng executlon. and the fo'ir
gunmen ac uaad of thn murder walking
th** strerts of New York, as free aa you
or 1
Why la lt that none of these gunmen
have reen put on trlal flrst? Is lt because
there Is nothlng SgSlnSl theflfl men and
they could not bfl con*.Icted'.'
ls there not a little hlt of legal Jugglerv
ln thla eaae? Isn't there a little (ockey
ing ln this eaae*. Take that, too. into con
M'leratlon wlth you into the Jutyrnom.
If these (our men, "Oyp," ? I.efty"
Loula, "Dago" Frank and "Whltey"
Lewls, rii.i not commlt the murder and
aontel od] alsfl dld, Backer ln nol gullty
There ls not a alngla bit of evldem
Becker ever saw any of th--se gunmen ln
all hla llfe
Mr Mclntyre then turne.l to rMdllng
tho testlmony of those who Identlfled
the gunmen, notably the waiter Krese
and the Atistrlan, John Stanlch.
Krene aald he naw "Jaek" Sullivan.
rimlllng, as lt wera. arlth a diabollcal glee.
bendlng over the Hfeless hodv of Ressn*
thal Krese lled when he tnld thal to
you, and h*i knew he was giving perjured
testlmony.
And the most extraordlnary SondUCl
ii"t.-.l in ICreflfl Is hls hlrlng a lawver,
James Marka Sullivan, who has lleen
gullty of taa most gross unprofesstonal
conduct ln thls eaae. Why should a wlt?
ness want B lawy.-r? Sullivan. "Jaek"
Kose's lawyer and lawver to ' Sam''
Schepps, the murderer. who told Schepps
to esc-ipe the Jiirlsdlction of the court
DESCRIBES BECKER AS HERO
IN THE SHADOW OF DEATH
As Mr. Mclntvre trled to bellttle
Stanich's story of who identlfled
"Whitey" Lewis as one of the men who
flred the ahotB. he leaned on the rall
of the Jury box, and, wlth hls face
wlthin clx Inches of the foreman, asked
the Jury if lt believed Btanlch when he
said he aaw one gunman wlth an auto
matlc revolver and the other wlth an
ordlnary gun.
Then, walklng to the other end of the
box, Mr. Mclntyre addressed hlmself
to Dow J, Becker, one of the Jurora,
saylng:
Now, Mr. Becker. could you detect a
magazine revolver from an ordlnary re?
volver at the back of thla court?
Besumlng, the lawyer said:
You can recognlze what self-confessed
murderers and perjurors wlll do when
they reallze that their necks are about to
go ln tho halters. No Jury wlll dare con
vlct on the testlmony of accompllces un
corroborated.
Now, Rose, Vallon, 8oheppB and Weber,
I sey to you, are murderere ln thlB case?
cold blooded aasasslns?and lf thelr testl
mony in this case stands alone there
would be no guestton of fact for you to
pass upon. What 4loes the Dlstrlct At
tornev do ln order to fasten the crlme
on Charles Becker. Does he bring pTsons
here of good repute?men whose records
have !een pur-? Who ls the tlrst one he
brin-s?
[Ie nrlngs MorriB Luban. and I want to
characterlze him as a murderer at heart,
a .-rlmlnal by Instlnct and a crook of the
eiglitet-n karat kind.
Mr. Mclntyre said Luban licd through
out. particularly when he said he over
heard Weher in a Turkish bath tell
Rose Rosenthal had to bo "croaked."
Raecal, felqn, perjurer, were a few of
the terms applied to Luban. and Mr.
Mclntyre continued wlth all the feellng
he could muster:
Ah. Ood forbid that such testimony
should ever he heard ln a court of law, OT
such a proeeedlng as this be d'-grad.d
by auch p.-r|unous testimony! And that
is thc corroooratlve evidence in this caae
thal thev use 10 send Becker to the
electric chalr! Whv, y.u wouldn't hang
a dog on that low down dog's testimony!
et thal la thc aori of putrld materlal
with "which the DlBtrlct <ittorney la trying
to send Becker to hls death!
Mr. Mclntyre aald that the reason
Luban had b. en taken Into an Assist
ant Dlatrlct Attorney- chamber along
with Kose, after he was brought o | r
here from Now Jeraey manacled, a I
so that there could be 8 full dress re
bearaaL
Thief, convlet, forger, fclon, w-re the
charactertsatlona of tho state's wit?
ness, Hallen, the convlct-lawyer, who
said he overheard B" lier admlt the
murder in a convertatlon with Patrol
man Whlt<\ l former "strr)ng arm"
aquad member, who was then in the
Tomhs BCCUaed of "framlng up" "Hig
Jack" Zellg. "Why, gentlemen, lf you
convicted Becker 4,n such testlmony as
HaUen'a you would be gullty of Judl
ciai murder!" exclalmed Mr. Mclntyre.
Referrlng to the testimony of the.
waiters at the T'nion Souare Hotel,
who testifled to .secing Becker dining
there regularly with Roae, and on one
occaaJOB aoelng money paaaed, Mr. Mc?
lntyre said thi- Jury must not convlet
Becker on auaptcloue clrcumstances.
Mr. Mclntyre referred to the meet
Ingl between Ros?' and Becker at the
home r.f the former, and trled t., pass
it ofl as the natural result of a pollec
man having Inthnatc relatlona wlth his
stool plgeon, B8 he trled to make out
Rose.
As to Rose hlrling in P4>!',ok's house,
Mr M'int'-re said thi re way no evi
dencc to ahow that Ba ker knew Roaa
wns concerned ln the murder. He
ad l< d.
Pollok went to Head luartera ldd ha
r Rose waa waated? So. H ? toid
waa at his house, Pol?
lok aald, "1 my h . -?'. he la
very sl< k." at.d Becker n I lt was
,-, good place to - >li | to
Lte hlm on that kind of a atate?
ment? Are you golng to kll! Bc
th.it staten;
Then descrfblng the murder ri"t, Mr.
re shouted:
Thlnk of a polli eman, akilled as Becker
Is, instlgatlng i cl l t! II
he was planning lt, with hls kno
aa a pol ?
otherwlse.
He scoffed ,-it ?):e |dee thal Becker
would hrlng about the mur
Rosenthal on the very night be waa ab
taining an affldavlt attacklng Rooen
thal from hls former wife, Dora Oll
hert. He added:
Rose and the real of th-^m were .;? '-: -
Ing at Dora Gllbert's hous?, and t
had many .Irinks nt Bharkeye, smi WBc
this murder a sudden ln: -
quence of the exceeaea to wl ! h tl ey liad
eubjeeted themaelvea that nlxht?
The lawyer then gave a burlesque
verslofl of tiie t.-xt of the stipulations
made by the District Attorney wirh
Weber, Vallon, Rose and Schepps. He
referred to th<- stipulations as a prom
ise on the part of the District Attorney
ro turn the four .- ? b on the
commupity to commlt murdera afreah
provided they swore I ? ato the
electric chalr. Mr. Mclntyre ,;
Becker as "a hero who stands in the
valley of the ahadOW of death upon the
testlmony of four self-confessed assas
slns." Hls laat word to the Jury was:
The day ls not far dlstant wh'.ch, lf
you siiy that he ls gullty, win m
treading the floor of thc ? n
an.l then enterlng that chamber
r.>rs where the ini if death wlll
bc placed upon hU hi - I i 111 take
hla llfe an.l wai make of hla living form
a llmp u".i uaeleaa thing.
Now, gentlemen, l aak you ln the ri ima
of Amerlcan manhood, In the name of
Amerlcan llberty, I ask you ln tha
of Justlce, I ask you ln the name Of
Ood, and these last words I will be
permltted to say ln thla case. that you
will say .through your lips or your fore
man's UpB that Charles Becker is not
gullty.
May God Aimlghty aid you gentlemen
ln your dellberationa, and may I bc per?
mltted bc-fore twenty-four houra mi ra
have passed over o-ir aceda to take him
from thls courtroom a free man. In the
tyaa of his feiiow men, and iinatalned by
the biot whlch convlctlon upon this charge
would ; ut upon hlm.
Do not, gentlemen, I beseech you, con?
vlet hlm of murder. I thank vou.
SCHEPPS AGAIN REMANDED.
Sam Schepps, who has been held as a
eagraat at the lnstance of the Dlstrlct
Attorney, pendlng the trlal of Lte
Chsries Becker, was arralgned yeeterday
afternoon ln the Wi Blds ''oun hef.
Ma^tstrate Herrman, ar.d then remanded
ba.k to the West Bldc court Jall untll
Frlday, when he wiii be produced ln
court a?aln.
a
INSANITY DAVIDSON'S DEFENCE.
??Red Phfl" Davldeeo pleaded not gullty
on tho ground of Insanity yesterday be?
fore justlce Ooff, in the extraordlnary
term of the Bupremc Court, t., thc lndict?
ment charirinir him with the murder of
??ntg Ja.-k1' Zellg At ti.,- rcquoot of
Dlatrlct Attorney Whltman thc >use waa
set down for next Wednesday, when a
.special panel of talcemea h.,s been notl*
fled to report.
c
ANNUAL FOOD SHOW OPENS
71st Reglment Arniory a Big Bower
of Autumn Leaves.
The third annual food show opened last
nlght ln the TlBt Reglment Armory. There
was a receptlou to visltlng club women
by the Assoclated Cluba of DomOBtk
Irjanoa. of which Mrs. Wlnlfred Harpc-r
Cooley ls president.
I'ost Commlssary Sergeant De Graff,
D. 8. A., presltli?s over ono of tho most
int- rcsting eahlMta? a reglmental BaM
bakary, whlch Includes a "kn.x k-.l.uMi"
oven, the inveiition of Captain HolDTOOk
and Sergeant Dunn. of Fort Ri'.ey, Kan
jas. Thls oven wlll bake 100 loav.-s at one
baklng.
Another practlcal exhlbjt is a fleld
kltchen wagon. used by tho commlssary
corpB of the 71st Reglment, and !nv,ntcd
by Captain ClcroflOa True, of that regl?
ment. a aaeal can be pregarad in tan
mlnutes, It is said. and four hUfldred B*OB
can "ne fed ln forty-rtve mlnut.s from thls
wagon.
Mrs. IJly Maxworth Wall.ice, said to be
the greatest food export ln Bniiand, wiil
give cooklng 4lemonstrations at 11 o'clock
every morning untll November ,, when
the show closes. All the latest cullnary
secrets for savlng tlme, labor and money
wlll be explained.
"It's All Rot," Talk of Such a
Thing, He Tells Committee.
TAPPAN CASE TAKEN UP
Deputy Commissioner Notei
Distinctions as to Falsehoods
Upheld in Court.
Deputv Police Commissioner nillon wu
a witness a,*aln festsrdsy Bt the aldtr.
manlc lnvestigatlon Into police condltlora
and told how cases of dlsmlssed police.
men were reheard. The case of <~"aimin
John F. Tappan was taken up by _r
Buekasr, ooansel for the c.mmittee, -ho
wanted tO know if Tappan had n?tfa
wrltten applhation to he rsiasMtSd,
"I never saw any applieation, ' replied
Dtlloa
Asked lf he had call?*d ''ommlssiomr
Waldo'a attentlon to this fact. Dillon satf
"1 have .state.i to you several times, a-jd
I make no further explanatlon now, tj^
I held that rehearlng after I had bten
diri eted to do fo."
Mr. Buekasr then reai Into the record
the charges ssjalast Captaln Tappan, on
whlch he was dlsmlssed from the depart.
ment by Commissioner Cropssy.
"Did the charge agalnst Captain Tap
iiaii rxmstltuts -eonduct unbecoming gn
ofllcer'?" asked counsel.
Commissioner Dlllon replied that lt (Bd
not?that Tappan did not tell a deliber?u
or mallclous Ue. He said there were two
elements ln a falsehood, and that eon?
duct unbecoming an ofllcer was an
elastlc term. He quoted the courti u
upholding hls deflnltlon. Mr. Rucknw
was unsuccessfdl ln trylng to make Dt*.
lon admlt that he had reneard Tappan'i
easa upon tho recelpt of orderg fro_
Mayor Gaynor.
Commissioner Dlllon was next asked
about the case of Patroln an Rogers, who
obtalBSd a leave of absence to ' attead
the funeral of Peter." Peter was a dog.
' Is there any dlfference betwe'D tfc
case of Tappan, who was relnstated, aad
that of Rogers, who was dlsmlssed, for
naaklag ? '-i-ls*-' Btatstnsntr* dwaaadid
Mr. Buckner.
"Th. re was no 11a ln the Tappan car*,
while lie and falsehood existed ln tbe
Rogera r ase," tha witness anawered.
Mr. Buekasr thr-r, switched to the oaa*
of Lteutsnaat Stanton. who wai dls
r.-i antly. "Does the fact that
Blsssd for 'eonduct unbt
r-ornlng an offlci r' close the case foriTtr,
ln your oplnlon?" he asked.
"PleaSfl don't ask me to crl'.ictse my
superlor." snld Dlllon. 'I know nothlng
about the Stanton case, and I am at a
lOBfl to know why you rsfer to It now."
The record Of Dlllon'a rehearlng of thi
. whlch took place ln Janu
? :, was tln*n taken Bp by Mr.
At that time Commissioner
Dlllon recommended tha *ent ef
Tappan, on tha (--round that tba evidence
blm was "InsuActent" Mr.
wanted to know lf tha wttneai
. inat ? ths aystses" waa
aptala Tai
. . . iw anything
about tha lystsm," replied Dillon, "wai
in the newspapera. i hava Bsaa lawyers
stand by BSCh other, too."
"It is pretty hard for a patrolman to
testify against a captain, lsn't it?" asked
Mr. Buckner.
?Its hard for any man to testify
agalnst anothsr," anewarai DUle*
Alderman Estsrbrook took occaalon at
thls time to ask of Dillon:
"What ls the 'system'?"
ner Dlllon looked wearledand
bered as he ...
"I don t knu.v there ls such a thlng.
MaybS when a man gets into tr. -
mav get a coupla of frlends to set to*
gather In his behalf, but that'a all ln
:.. expi as trlal commlsaioner
U been no such thlng as a 'eyi
tem' tn the 'PoUcfl Dsi irtmant it'i ali
rot."
Mr. Buckner aroused the CommlsaJon
er's ire when he abrup:iy asked:
"What dld Captain Tappan do for the
?n who cluuigeJ. their worda In
hls behait?"
"Nothlng." replied the wlfnesa, and
- Mr, Buckner turned to some
thing ? . imlsslonsr DU.oa re
marked:
"Hold on there. Mr. Bickner. D n*t
ipln the air. Don't glve
(Bl 8 lUipiSSSlOIIS" He then said he
dldn't know what the three men bbb after
leevtng the department.
Throughout the testlmony the Corrxmla*
sioner kept repeatlng that he dld r.ot be*
lieve the evidence agalnst GsptSlB Tap?
pan was "on the level," and thaX Oom
?>r Cropaey had aent two polloe
men out to "look thlngs over" ln Tap
pan's prec.lnct.
1 belleve Mr. Cropsey ls an exrellant
lawyer, one of tho best cross-examlnira,
and probably one of the most technlOSBF
corrsct trlal commissioners the BSBSffr
ment ever had, but I do not say that b\t
Judgment of men ls good," aald Dlllon.
ln referrlng to tho case of Lieutenant
Foody. who obtalned a rehearlng. Mr.
Buckner said he would recail Commli-i
II : .-r Waldo and put him on the stand
The hearlng will be resumed at 3 o'clock
this afternoon, when the dlatnlaial of
,nt Stanton probably will ba
taken up.
WHAT EVERY WOMAN
SHOULD KNOW.
A lerlr*. of Intereatluir a-id in?truetlw
nrtlcle*. on the knowledje end rare ot
housebold pliimblng. ete.. by Dr. Ja4-oly?
Van \ Het Mannlng wlll i-ominewe <*
the WeeoaWb Vnge of THK THIHI NE oa
uer-t M.niiia.v, October '.'H, ami eontlnoi
every other Any until the ?e/ie? l? <'on>
pleted.
The artlcle* wlll be wrltten ln *dmpl?.
non-terbnlral langtiuge, so that every
readrr may underntand them. A proper
niulr-rManilliia of tanltar.v hBBBShflll
pliimbliur l? of areet THlue to haBBBWH*
It en?bli? them to iai* plumber*' ont
in-ggtoMr1 anit iBflflSBS* hlll-. an,i rtdoct
hsaaaksM eipenser. ln other waj?. Tbi
?erle-. wlll Iniluile:
1?THK < AKK OK HOI SKHOLD
i'itmbim;.
2?THK MINOK M RC.ICAI. WARO OT
TIIK HOrSKHOI.O ri.l.MBKR.
8?THK MONASTEKY HINK AND "W
TW KNTIKTH CKNTlKY COM*
rvruioT.
4?THK FIKMTXBK OF THK BATB
HOOM.
B?DOES A NEGLKCTKD I-ArNBBT
TI'RN OIT CL-AM CKOTHESf
S?BOMI1S IN THK KTTCBBB. <E*
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