The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-10-18

Becker deposited. was the next witness.
Here began the fight of the District At
Becker. Mr.. Mcintyre promptly objected
to a question as to whether or not Becker
opened an account with the bank. As
sistant District Attorney Moss argued
that he purposed to question witnesses
about Beckers bank accounts so as to
establish that Becker was obtaining large
sums of money and that Becker there
of an informer. The jurors were excused
while Moss and Mcintyre fought out the
question.
Mr.. Mcintyre made a skilful argument
against the admission Of any evidence
tending to show that Becker was a CRATER.
He had prepared his law points carefully.
He argued that there was no evidence
that Becker was piling up money in the
banks. The defence would be ready to
meet extortion charges when the Dis
trict Attorney indicted Becker for ex-
tortion. said Mr. Mcintyre. Becker was
not on trial for extortion. but for murder.
and it was improper to admit extortion
evidence
Judge Parker. in the Peaches Stephen
son case (the case OF a policeman who
was convicted after the Lexow investi-
CATION Of extorting a few baskets of
peaches) had written an opinion that the
prosecution had no right to introduce
evidence concerning the defendants
prosperity. MIR. Mcintyre argued. also.
that Judge Werner in the .Molineux
the prosecution had direct evidence
connecting a defendant with crime
the introduction of circumstantial evil
dence (such IA the bank accounts would
have been in the present case) was wholly
improper.
Bank Accounts Arc Excluded.
Mr.. Moss replied briefly that the Becker
case Ia a case OF circumstantial evidence
and IL important circumstantial evidence
were excluded it WAS difficult to connect
Becker with the commission OF the crime.
Justice Goff decided tha the bank
accounts must be excluded because there
was no evidence to show that Rosenthal
was aware Of Becker's deposits.
The jury was recalled and Jack Rose
took the stand. Mr.. Whitman explained
that he wanted Mr.. Mcintyre to have the
opportunity Of cross-examining the wit
ness further. Mr. Mcintyre had taken
his seat in a rage last Saturday night
when Justice Gof told him that the nature
of his questions for several hours had
not indicated that more time was necess-
ary for Roses cross-examination. Mr.
Whitman saw chance for a good jury
stroke and so recalled Rose.
MS VI Ine DlbVT1Ct
Attorney at this time has certainly taken
counsel for the defence by very great
surprise said Mr. Mcintyre.
He consulted with Hart and then said
he was not prepared to quest ion Rose
further Mr.. Moss was allowed to ask
the witness what he had collected for
Becker.
Money" said Rose.
The State then rested its case, and Mr.
Mcintyre announced that Mr.. Hart would
make the opening address for the defence
at 1890 O'Clock this morning.
Lieut.. Becker was ask ed as he left
court IL he wanted to make a statement
about the nature Of the testimony thus
far.
Il will tell my story on the stand.
he replied.
District Attorney Whitman was in q
happy mood when he got to shis Office
after the closing Of yesterday afternoon'f
session of the Becker trial. He declined
to make any comment other than to say
that he was pleased with the evidence
which the prosecution had put before the
jury.
Hope Becker VIII Testify.
There is no doubt that the District At.
torney and his assistant hope that Becker
is there a chance to1get the bank accounts
Assistant District Attorney De Ford
who is coming across the ocean with
Thomas c. Coupe, the employee Of the
Elks Club who saw something OF the
Rosenthal murder. yesterday sent q wire-
less from Halifax to his chief. The mes
sage to Mr.. Whitman stated that he and
Coupe werewolf They are on the Maure.
tania, due here to-day. Coupe will prob
ably be used as a witness for the State
for rebuttal
The first witness for the defence will
very likely be former District Attorney
Jerome. who ia prepared to testify that
he was present in room at the Bar As.
sociation when Lieut.. Becker called Rose
on the phone and told Rose that he wal
sending Lawyer Hart up to see him.