The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-09-22
Opposing Becker Case Attorneys
in Lively Tilt In Hot
Springs.
no DELAY IN HEARING
Two Testify That Schcpps Did
Not Evculpatc Becker in
Any Way.

Sam Schepps made while under detention
in this city. the inquiry was finally started
this afternoon AT ; O'Clock.
Attorney L. T.. Sawycrs of this city
assist cd ATTORNEY John W. Hart of New
York in the cxamina, ions for the defence.
while District Attorney Whitman had
Assistant District Attorney Rubin at his
side.
Attorney Hart Immediately after Com
missioner Hun announced the hearing
would begin sought To obtain further de-
lay on the ground he had not been legally
notified of the fact that the hearing would
be held this afternoon, declaring he had
bccu informed by MIR Sawyer that Com
missioner Hun was busy in the (hsncery
Court and could not he excused until
Monday
He asked that he be given time to inter
view several of the witnesses and stated
as further ground for continuance that
there was at least one witness absent
whose testimony was very material to
the defence. The defence had a right to
have every opportunity to get evidence
before the commission that would in any
way help the cause. he argued
" IL lIDIpSSlbIe Ib IltllSn IIlS nearing
this afternoon and since | have heen in
the city hut a short time and have not
yet had time to talk with but few OF tho
witnesses think it is but fair and just
that this hearing no put of at least until
Monday morning, he said
Il was informed this morning that Com
missioner Hun would not be ahl. to take
up the hearing this aftcrnp non and received
u telephone message stating It had been
decided TO go on with th" h"arinC this
afternoon. That was not n usual sum
mons and think on that ground that the
hearing should he put on. My client Is
the ono most interested and think he has
the right to have every opportunity 20 get
evidence before this commission that Will
help him in the trial of the case. Besides,
there is very ma,crial witness who is
not presen, and whose testimony is very
important to tho defence. and wish to
have him presen: at tn" hearing"
DISTRICT Attorney Whitman promptly
objected TO any further delay.
This absent witness. continued MIR
Hart, "is a very material ono and IL not
in reach at this time. District Attorney
Whitman can authorize the examination
Of additional witnesses il he 40 desires
for | recognize thn fact the order Of the
| court to the commissioner docs not au-
thorize the addition Of the testimony of
new witnesses. IL will expedite matters
and possibly save me the trouble Of wait
| ing for another commission. which | shall
! certainly do If this testimony il not taken
at this time.
If it is neos ssary can draw up papers
so strong that no Judge can get around
/ them and will if necessary file a strong
, f'davit with the Commissioner giving
the name Of this new witness and the
character OF his testimony found"
Il have no doubt yo'i can draw up
strong aHidavits." retorted Dist riot At
| tofney Whitman. "We have already had
sufficient evidence of that fact"
| The District Attorney firGlly agreed to
permit this additional testimony pro-
| vitl"d Attorney Hart would file an a'fidavit
giving the name of the witness and what
! hc would tastlfy TO.
The defence has had ample time IN which
to secure this testimony and have the
witness present al this hearing" tho
| District Attorney said.
u have been in the city hut few days
and this new witness was located hut
Yesterday" Mr. Hart retorted Il am
| surprised that Mr. Whitman should make
such a statement. If 1t il not important,
I am also surprised that the publio's money
| in being so lavishly spent on this delight
ful little junkot 10 Hot Springs | ask
that the hearing be continued over until
Monday
Commissioner Hun was willing to con-
tinue the hearing unit i such time as a greed
by both sides, but MIR Whitman refused
to enter into stipulation with Hart
on the matter. demanding that the hear
ing proceed.
While Mr.. Whitman was addressing his
! remarks to the commissioner Attorney
Hart interrupted and Mr. Whitman turned
on him and In an angry tone asked;
"Will you wait unt ! get through"
Hart promptly replied he would make a
correct ion to an absolute falsehood at
any time.
The upshot Of the argument was that
Whitman finally agreed to permit the
testimony Of this additional witness il
he was produced in "court" and would
not delay the hearing.
Alderman Thomas J. Pettitt, who was
Acting Mayor at the time of Schepps'- =
arrest here, was the first witness called
to testify.
His testimony will be in effect as fol-
| lows;
Il first met Sam Schepps about 10
O'Clock that night, Saturday, August 10
was introduced to him the following
day after his arrest. This introduction
took place in the Office of the Marquette
Hotcl He was introduced to me as Sam
Schepps and was detained in the custody
of Police Captain George Howell and
| Patrolman Mosher. met him often after
that, but at no time did talk with him
regarding the ROsenthal murder. He
seemed reticent in regard TO the murder
and said he would make no statement
regarding IT, He mentioned Jack Rose
quite often. the first time at the breakfast
| tall WadnnuhaU fnnrpinp m