The Birmingham age-herald., 1912-10-19
SULLIVAN ALLEGES . GUNNEN AGREED ID !. FRAME UP BECKER Much of His Story Is Un- told-Appeals to Court
 Repeatedly HART OUTLINES
 CASE OF DEFENSE Will Attempt to Prove That Gam blers Conspired to Kill Rosenthal and at the Same Time
 Get Rid of Becker 

livan, king of the newsboys, indicted with the four gunmen for the murder of Herman Rosenthal, tried to unfold on the witness stand at todays ses- sion of Police Lieutenant Becker's trial, his version of an alleged conspiracy by gamblers to kill Rosenthal and frame up" Becker for the murder. Through him the defense planned to go far in proving it's contention that Becker had nothing to do with the murder but was himself the victim of conspiracy But much of Sullivans story was un- told. That part which Justice Golf ad- ready given by Rose, Webber vallon and schepps. Sullivan not only denied portions of their testimony but de- lclared that after the murder Webber and Rose told him they were going to frame Becker and turn him over to the district attorney"
 They told Sullivan, according to his testimony, that they would frame Becker, Waldo or the mayor" if nec- essary to save their own lives.
 Sullivan Becomes Petulant
 Sullivan became petulant when Jus tice Goff narrowed his testimony to contradictions of previous witnesses. to give me 10 minutes to explain this thing" Once he asked for a chance. mot only for my sake. but for Gods sake"
 When John F. Mcintyre. chief of Becker's counsel, turned him over to the state for examination Sulli- van became belligerent.
 Did you ever collect money from disorderly houses?" asked MT. Moss. van retorted. If I ever collected money from Standard oil or Archbold.' District Attorney Whitman, Becker s prosecutor, virtually was forced on the , stand asa witness for the defense. iIn-
 mediately before Sullivan had testified. MT. Whitman said he had made stipuia-
 tions with Rose, Webber. Valon and Schepps. the states chief witnesses against Becker, before they agreed to turn states evidence.
 These stipuations were not disclosed.
 but MT. Whitman, agreeing to produce them in court, swore that he had not promised the four immunity. Former District Attorney Jerome and Police Commissioner Waldo preceded Mir. Whitman, but MT. Jerome was allowed to answer only one question. MT. Waldo testified that he and not Becker had ordered a policeman stationed In Rosenthals gambling place after Beck CT had raided 1t.
 xI1 4t.. stigating the murder of Herman Rosen- thai, the gambler. is that Rosenthal was murdered at the behest of other gamblers who hated him as a menace to their af- fairs and informer to the police John Hart Becker's lawyer. In presenting his case to the jury, so declared. adding that he would prove Becker not only was not guilty but absolutely innocent
 Hart Opens for Defense Mir. Hart addressing the jury said in part:
 "The defendant does not intend to let the case rest where if is. He in tends to convince the jury that not only he Is not guilty but that he is an innocent man We contend that the defendant is in no way connect cd with the 'gunmen' who committed this murder The chief witness aside from alleged accomplices are Luban, he convict; Ha1len. the self-confessed forger, and Margolis, the self-confessed perjurer.
 "The defendant denies any partici- patton In the death of Herman Roser- thai and will prove that the evidence adduced against him Is absolutely false. As to Luban, who elaine to have witnessed this murder. We will prove that Luban never saw the mur- der; that he was in Brooklyn at the time. We will prove this by Luban's own brother. We will prove that Webber, yallon and schepps conspired to kill Rosenthal independently of Becker each with his own independent motive for so doing"
 Hart reviewed Becker's life. saying that he entered the police department at 22 years of age and was trusted by his superiors because of record of which any policeman might justly be proud
 Has Made 5000 Arrests
 We will show that he has made more than 5000 arrests and secured more than 1000 convictions We will show that Becker knew for months that the gamblers had 1t in for him and that he asked many times to be transferred from the strong arm squad" he said
 Among those bringing information was Rose. he said. There were others too, he added Rose. he said was the chief informer. He was the most thoroughly detested gambler. in the clty. he said.
 We shall show the raid was made Lpon evidence actually acquired by the police department" Hart continued We shall show the raid was long before plotted" He said as to the time when Becker was working every min utes would be given in proof to dis credit the commonwealths witnesses who have testified as to his movements. Hart said that while the Dora Gilbert affidavit was being obtained Becker was at a prize fight After the prize fight he said Becker drove downtown and then took Jack Sullivan home. He said after ward Becker went home without going near, as the prosecution alleges the scene of the Rosenthal tragedy. He said he would show that he went to the Bar association with former District Attorney Jerome and discussed the case there with Becker.
 "We talked of Rcse,' counsel said. Becker went to the telephone and called up Rose, and 1t was at that conversation that Becker gave Rose the initials U. H. as the password to admit me to Rose at the home of Harry Pollock Hart said his side would prove that Rose