The Birmingham age-herald., 1912-10-19

the world. and that they planned 10 ge rid of the other man they hated-Lieu- tenant Becker-by false evidence conspir- acy and perjured testimony"
 Jerome Is Called
 John F. Mcintyre, Beeker's chief coun sel, called former District Attorne, Jerome as his first witness. Jerome sait he saw Hart at the formers office or the day after the murder. In the evening he said they went to the Bar association where he and Hart engaged priyat, room.
 Becker came in about o'clock, Jerome said
 the initials J. H. to anybody over tht wire?' asked Hart.
 Question was not allowed nor was tn, former district attorney permitted to testify that he had heard Becker hol6 telephone conversation with any one oi call Jack Rose on the reiephone.
 Did you hear him say NO, you stay right where you are until you hear iron me?' ' inquired Hart.
 Justice Goff sustained MT. Moss objec ton for the commonwealth instructins Hart to discontinue this line of examina tion. Jerome was then dismissed
 Police Commissioner Waldo was ther sworn.
 Did you tell Becker to raid Herman Rosenthal's gambling place in April?"
 "Yes. l directed him to get evidence against Rosenthal and others, and he raided the place." said Waldo.
 Ut is said that after the raid~ a pos liceman was stationed at Rosenthafs place." Mcintyre said.
 Yes, 1 directed a man be stationed, " said witness. T gave the directions te order Inspector Hayes. He placed a man there until the time of the death oi Rosenthal."
 Luban's Brother Testifies
 Witness Alexander Luban. brother Of Morris Luban, an alleged witness of the murder, who testified for the common wealth, took the stand then.
 Did you speak to your brother Morris or July 16, the day of the murder?" asked Hart.
 ''Yes," witness answered
 Did 'he say anything as to where he was the night before?"
 Objection raised and sustained.
 Would you believe your brother upon oath?" Hart inquired.
 "I would not
 On cross examination witness ad- mitted he had been convicted of snug gling The defense continued it's ef- fort to discredit Luban by calling Jacob Goodman, an artificial flower merchant who told of having been in the company of Luban in Brooklyn until l o'clock on the morning of the attack. The murder occurred about o'clock Luban had said on the stand that he had spent the evening at a New York theatre and had not gone to Brooklyn until 6 o'clock in the morning.
 Moss on cross examination handed Goodman an affidavit made by him in the district attorneys office
 Did you say In this affidavit that you remembered going to the theatre with Luban in July, but that you could not remember whether it was July 22 or 15?" asked MT Moss.
 Witness replied that he had refreshed his memory since and was positive that Luban was with him in Brooklyn on July 15 Goodman added that when the affidavit was made he had been threat ened with Imprisonment by AsslstantDls- trict Attorney Minturn.
 Minturn Threatened Luban
 He called me a rotten Jew" said the witness, and said. He'd keep me locked up if I did not give the right tes- timony.' '
 Frederick H. Hawley. a reporter, tes- tfied that on the night of the murder he went to the Hotel Metropole. He said he telephoned to Beckers apartments.
 
 the news? " said witness. "and Becker asked what news. I replied Rosenthal was shot. What are you trying to do, kid meP Becker asked. I said. They've shot him in the Metropole.
 q want to get a statement from you. Becker said I'm sorry for I wanted to show that fellow up.'"
 Witness told of meeting Becker at 3:45 o'clock in the morning at the x1Ilo Cto ton, txhar hnd dx, was lying. Becker was there until 4:30 a. m. Hawley testified and then he and Becker had breakfast together and re- turned to the station house. They re- mained there until o'clock. Hawley testified the reporter saying he was with him all the time. He said he then went out with Becker at o'clock and saw Becker board a southbound sur face car.
 Becker did he go near Forty second street and Sixth avenue?" Mcintyre in- quired.
 No"
 At any time did you see 'Bridgie' Web ber or Jack Rose talk with the defend- ant at or near 'Bridgies' poker rooms?" 'I did not was the reply.
 was Becker at any time out of sight?" At periods of not more than five min
  side of the station house." witness said You were with Becker until a. m. ?' "Yes."
 Did you know Jack Rose. webber or Vallon?"
 "I did not" witness said
 Jack Rose and Webber have testified they met Becker in town about dawn MT. Whitman on cross-examination asked the witness why he had never printed the story he had just told.
 'I did not think it had a bearing on the case,' Hawley said
 Story Was Important
 Didn't you know shouted Whitman, that it was one of the most important stories that could be had?"
 'I realized it.
 You did not publish it?" was insisted No"
 Why not?". was suggested.
 'I was expected to be called down, and l did not like to give the district at torney information said Hawley.
 Witness then admitted Becker might have been out of his sight a quarter of an hour. Hawley replying to ques- tions said that he had reached the po- lice station about 3:30 or possibly 20 later.
 You were not in the captains room while Becker was in conference with the district attorney?" was inquired
 No"
 How long before you saw Becker inside the station?" asked Whitman.
 "Only two or three minutes"
 And you say Becker was there all