Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-10-18

nit the witness to jail on the ground
that he had admitted the commission
of perjury.
Mr.. Whitman is familiar with the
| case" replied the court. THE act of
perjury was not committed before me
and therefore : am unwilling to grant
your request
Margolis was then excused and Rich
ard G. Barter, a notary, was called.
The Rose Affidavit.
Mr. Barter said he met Becker and
| John H. Hart on the night of July Il.
| MIR. Hart asked him to take an affida-s
Wit and took him in a taxicab to Har
~ Pollok's home.
MIR. Hart asked for Rose" Barter
| said, .'ard Mrs. Pollok at first said
| Rose was sick AMI could not see any
| body. Mr.. Hart said something to her,
didn't hear. and she admitted us.
| We saw Rose and Mr.. Hart draw an
affidavit Rose got up and said: I'll
sign the affidavit Jacob Rose | read
1t to Rose and he signed it. / took his
oath and then went out"
Did you see Jack Roses name in
tie papers before that" Yes, that
morning. but / didn't know who he
was. l was startled when 1 came to
RosenthaPs name in the affidavit, ana
! / said: It's too bad that that man
was killed
What did Rose say to that?" He
said he didn't think the district attor-
ney wanted him for the murder"
Mr.. Hart himself cposs-examined the
witness.
Rose said that he was going down
town the next day. and you advised him
not to- said the witness.
Ibid Rose ask me if he needed law
yer?" Eyes. You told him it wouldn't
hurt him to. have one
The affidavit, which was to the effect
that Rose land not Becker) had loaned
Rosenthal the $500 to finance his gam
bling house. was introduced and read
abound to the jury by Mr.. Hart.
After the affidavit was read. luncheon
recess was taken.
Afternoon Session.
William Haupt, clerk at the county reg
istrars office, was the first witness OF
the afternoon session. Haupt produced
and read the chattel mortgage for $l5oo
drawn up by Herman Rosenthal in favor
of John j. Donahu,. Becker's alleged
dummy
Sam Schepps was recalled.
1--WE want to withdraw some objec-
lions we made to this witness testimony
on cross-examination and permit him to
be examined on the points involved"
Mr.. Moss said.
Justice Golf directed that the ques-
| tions be repeated by Mr.. Hart. They
had to do with statements Schepps is al
| legged to have made to Acting Mayor
Petit of Hot Springs, Ark, and other
residents of that city. Schepps had not
been permitted to say, on his previous
examination, that he had said to Petit
that che was very much devoted to Jack
Rose and would do anything he asked me
| to- Schepps today, answered in the af-
firmatve a question asking if such were
| the case. He was allowed to deny that
he had said "Rosenthal ought to have
been killed and that he had declared
| declared "Rosenthal ought to have been
| bumped off long ago.
did Mr.. Berghold say tG you why
did you kill Herman Rosenthal. he was
good fellow?'" asked Mr.. Hart reading
| the question from the record NO He
| said why did they kill Rosenthal% !"
corrected Schepps
Bank Accounts Ruled Out.
| Schepps was excused and Charles A.
Bentien, cashier of the franklin Savings
! Bank, was called. When he was asked
| by Mr.. Moss how much money Becker
had on deposit at the bank, Mr.. Mcln-
| tyre made vigorous objection to the tes-
| timony, declaring that such evidence was
! prevalent to the murder charge. While
| counsel argued the point at law, Judge
Goff excused the jury.
/ This. man is charged with murder
| only" said MIR. Mcintyre This evi-
dence Is introduced solely for the purpose
| of infiaming the minds of the jury and
| prejudicing them against the defendant :
Jack Rose has testified" argued Mr.
Moss. that he was collector for the de-
! PENDANT and we hold that the defendant
| had, In instigating the murder OF Her