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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* plaaBSBSI of water baek. natnrm1 ii..!*.. ete.l ?j_HOH to tmmrABB r?B b*-1*" /..\KI> WKATHKK. H_*,V\TKH-TU.HT OA1 TIPK.S A\V IBV-QI WATEK-TIOHT rirKs* O?THK COCKR0ACH LAM>l*OBJ>. ? 10--HK 4.HKASK TRAP HOTSE DB.*? AM) < KSSPOOK. II?THK SKKVWTS* BATHBOOM. li?THK PRODICT8 OF INCOMFI**" ( OMBVSTIOX.