The Birmingham age-herald., 1912-10-20
TWO VITAL POINTS
 IN BECKER DEFENSE
 BROUGHT ID LIGHT
Witness Swears Raid on R0senthal's Place Was
 Made on Evidence
THREATS TO KILL
 GAMBLER MADE
Smith Claims Rose and Vallon Threat ened to Kill Rosenthal Before the Murder-Pltt Says Rose
 Exonerated Becker

Exonerated Becker New York October 19.-Nitnesses in the trial of Police Lieutenant Becker l testified today to two points which the defense considered vital to It's case. These were:
 First. that the raid on Herman Rosen- thals gambling house on April II was made after evidence against 1t had been obtained by the police The state charges that the raid was fake"
 Second. that Bald Jack" Rose and "Bridgie" webber two of the self-eon- fessed accomplIces to Rosenthars mur- der. who have turned states evidence. threatened to kill Rosenthal weeks be- | fore he was murdered.
 Another witness Louis Pitt, brother of Becker's so-caied press agent, swore that Jack Rose had gone down on his knees in the Tombs and said;
 "On the grave and the memory of my dead mother, l say that Becker had nothing to do with this affair" Other witnesses, police lieutenant and his wife. testified that they had visited
 
 IS hours after Rosenthal was shot. and that Becker was there from 10:40 until they left at ii:45 Jack Rose has testified that he was with Becker elsewhere dur ing those hours.
 Shephard Procured Evidence
 Joseph B. Shephard, one-tme member l of Becker's strong arm squad" testified l that he had obtained the evidence upon which Rosenthals place was raided. He | was taken to the establishment two days before the raid. he said, by ''steerer, who met him and two other policemen at the Hotel Cadillac. The policemen wore citizens clothes and the "steerer' did not know their identity. They were met at the basement door by a man to whom the "steerer" vouched for their good iii- | teniions. went upstairs and lost S50 play ing roulette.
 The next day. Shephard said, he met Becker. told him what had been done and at Becker's instructions drew up the necessary legal papers preparatory to making a raid. The day after this waf- rants were issued and that night Rosen- l thals place was raided. One of the men who had been at wheel arrested, Shephard said. and was identified by Mrs Rosenthal as her nephew. She asked Becker not 10 take the youth away. but Becker said he had a warrant for | him, and then, Shephard said, Mrs. Ros- enthal tried to draw Becker aside, say ing she had something to tell him. What did Becker say to herr" asked John r. Mcintyre, chief of Becker's half dozen lawyers. "He said. If you have anything to say to me, say 1t here and now Shephard was not cross examined, but District Attorney Whitman said he would be when court convenes Monday. Justice Golf held only forenoon session as to- day is registration day here, and the l jury wanted 10 register during the after noon.
 Threatened RosenthaPs Life | Robert A. Smith, contractor, who tes- | tined that Webber and Rose told him l they wanted Rosenthai out of the way, was assailed by the state on cross ex- animation. Smith has testified on direct i examination that Rose told him on June | 2s that if Jack Zeg had not got in trouble, he CRose) would have had Ros- enthal killed a month before Webber's alleged declaration, made to smith. that He could cut Rosenthal's throat and lie down and sleep all night with him."
 1 So far as the introduction of evidence | is concerned, the case Is considerably more than half finished Mir. Mcintyre l said this afternoon he expected to intro duce about 20 more witnesses and prob ably would rest his case Wednesday or Thursday He said he would ask for tan | entire day to sum up. | At the request of John Mcintyre Beck l CTS lawyer District Attorney Whitman produced when court convened stipula- | tions signed by the commonwealth with Jack Rose. "Bridgie' Webber, 'Dago Frank" Valon and Sam schepps. | These were placed in evidence. The | stipulations provide that if the four men mem toned would testify before the grand jury in the Rosenthal case they should net | be prosecuted for the crimes for gambling l extortion or for any misdemeanor diS- closed in their testimony, provided that l they had not fired a shot into the body of Rosenthal The stipulation provides for the telling of the truth. When Whitman handed Mcintyre the original draft of Roses confession. written in jail. it was read. It was then placed in evidence | Louis Pitt, brother Of Charles Pitt, Jr.. Becker's so called press agent. was the first witness. Pitt said he had visited Jack Rose in the Tombs at Roses re- quest
 Says Rose Exonerated Becker
 Did Rose get down on his knees Tn l the Tombs and say to you. On the graye ] and on the memory of my dead mother I say that Becker had nothing to do with this affair ?" Mcintyre inquired. "Yes. he did replied Pitt
 Did you have another conversation with Rose about month before the mur- | der?''
 "Yes," replied Pitt; "Rose told me he was going to have Roaenthal killed.' | Pitt was asked:
 "Did you tell Becker about this con ! yersation?"
 | NO, sir" replied the witness with some show of spirit and resentment
 What did Rose say2'
 He said Becker didnt have anything ] to do with that Sl50n"
 was that the mortgage with Rosen- thal?"
 Yes"
 He said Rosenthal owed me money as we'll as himself" replied witness.
 And you never told anybody about this?''
 Nobody"
 Not even your brother'''
 "Yes. him.
 "Wers you surprised when Mcintyre asked the questions?'
 Yes"
 | Robert smith. a contractor, testified
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