Norwich bulletin., 1912-10-18
Justice Golf Does Not Permit Prosecution to Show
 the. Extent of Becker's Bank Deposits
THIRTEEN BANK MEN ON HAND TO TESTIFY
Becker Juban Over Victory of His Counsel and Expresse
 Confidence of Acqutal-State Rests Its Case and De- fence Will Begin Today-Jerome and Sam Paul to be Witnesses For Defence-"Lefty" Loues Wife on Stand

dence is introduced solely for fse pur- pose of inflaming the minds of fbs jury and prejudicing them against ths defendant"
 Moss Claims Testimony Material Jack Rose has testified" argued Mir. MOSS, that he was collector for ths defendant and we hold that the de- fendant had, in instigating the murder or Herman Rosenthal, the motive that tne source of the large amounts of money ne has in banks in this city would be disclosed. We therefors hold that this testimony Is uaferfafss
 MT. Mcintyre rejoined that the dis- trlct attorney was trying 10 put Into .ne minds of the jury the impression mat Becker was guilty of extorfi0n through the instrumentality of Rose. Evidence of Another Crime, Says ns-
 Intyrs. | That is a separate crime" Mir Mo- lntyre continued Becker Ia uof lr- dicted for bribery. extortion or opprss- sion He is here simply on an indict- ment for murder
 The effort made by the district sf- torney" MT. Mcintyre continued. @td inquire into the bank accounfe of ,a~ | that he Is charged with murder. bue that he unlawfully took sums of rnor~v to which he was not entitled. fl hs was taking money from aambleru. can ! It Dc said that the money came fror9 Rosenthal7 If 1t came from garnbierw other than Rosenthal, can h be saf1 that tho taking of money from fhsnT was a motive for killing RossnthaIg
 Quotes from Molinsux cass.
 The prosecution must show thafahls money came from Rosenthal. that po- seminal knew that Becker had aurh. sums of money in the banks and tias Becker knew he knew ft, bsfors ne evidence becomes competent in this case"
 Mir Mcintyre quoted from ghe nou- neux murder case.
 The state has got to show fhaf Becker feared an expose of these ear. accounts from RosenfhaI," hs oonffr- ued. The introduction of this fnnfi- mony may so prejudice the jury fhas the defendant may not bs granted a fair trial. When q man is arrnlxre9 at the bar under our Anglo-Saxon f,- risprudence, he can be tried for bus one crime, tho crime for which he is charged in the indictment If tbsrs is doubt in your honors mind on the question, your honor ought to deciSS in favor of the defendant, for your honor must realize that this testimony might condemn him in the eyes Of ne jury.
 Court sustsins Objection.
 Mir. Moss pointed out. in reply, mas the case was dependent on circum- stantial evidence. and claimed that lg was not necessary 10 prove the motives suggested by MT. Mcintyre.
 The court however, sustained 1fF. McIntyres objection.
 Tt Is always competent 10 prove . motive," said Justice Con, Fin a cass of circumstantlal evidence. The eruN of the question is as 10 whether Ho- seminal had knowledge of the defsn6- ants bank account No evidence has been introduced to prove that such was the case.
 Jack Rose Called But Not Examined.
 Jack Rose was then recalled to the stand
 Mir Moss explained to the court ffas the witness had testified on his prevf- ous examination that he was a coIlec- tor for Becker and that be now wfah- ed to ask Rose what he collected for Becker"
 By oversight" Mir. Moss explained. "the question was not asked when Ross was on the stand before. Mir. McIn- tyre entered another bjection. and the court sustained him, but instructed Mr. Moss that he could ask the witness as to his ''business relations with the de- fendant." This did not satisfy Mr. Moss and Rose was excused.
 A short recess was taken at the nd of which Justice Golf, without mofion from counsel, ordered stricken from the record the testimony relating f0 BsS<- CTS salary.
 State Rests lts Case.
 The state here rested its case and Mr. Mcintyre said that since the trial i had started new evidence had been ot.- | tained by the defense. He asked to 1 have Morris Luban recalled.
 T want To show that he is a conv7ct.~ he said.
 Mir. Moss objected to recalling T.u- ban. The defense has closed its cr0ss- examination" he said.
 You can prove In your defense ths court directed, what you wish 10 pross about Luban."
 Defense to Open Today. l MT. Mcintyre made the usual formal motion to have the case dismissed, on | the ground that 1t Wss not proven and that only alleged accomplicss Of the | defendant had given their testimony. with slight corroboration, and fasf such evidence was not cOmpsteut ts secure a conviction. This motion was denied. | Mir. Mcintyre then asked the court i to adjourn tho case till tomorrow aff- ernoon in order tO give additional tins | to the defense.
 Justice Golf replied that he would adjourn court at once. but only till the usual morning hour.
 There is no need to arE1le.- he said. as Mir. Mcintyre arOse. T have nads up my mind"
 It was 4.30 o'clock when court was | declared adjourned.