The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-10-24
Took Up Four Hours.

1t was p. M. when Mr.. Mcintyre,
exhausted by his vehemence, took his
seat. He had used up his four hours.
Recess was taken until $3.50 p. NJ. and
at that time Mr.. Moss began his closing
address. District Attorney whitman
and Assistant District Attorney Rubin
sat near Mr.. Moss. although 1t was sell
dom necessary for them to assist or to
correct the rapid flow Of his argument.
He began by saying that where cases
are hard the defence frequently resorts
to villifcation Of the prosecutor 30 as to
point away from the defendant. Tho
attack on Mr.. Whitman, ne said quietly,
was proof in itself Of the desperate
straits Of the defence. He said:
Not once. but many times. the District
Attorney has been charged with miscon-
duct which. II true. would render him unit
for his once, These statements are false.
OF course. and am sorry to be obliged even
to refer to them. l am proud to stand with
my chief in the prosecution Of this case.
Counsel has seen At to speak Of the Dis
trict Attorneys ambition" There have
been occasions recently in this State when
ambitious men were gathered together.
But the District Attorney remained here
| attending to this case and threw ambition
to the winds.
MIR. Mcintyre spoke Of the District At
| torncy. debauching his ONCE. and yet had
| the temerity to extend the hand Of friend
ship after making that charge. Gentlemen,
we are standing by our oath Of Office in
trying this case. We stand to be judged by
there and hereafter.
Faces Rival Attorney.
| Mr.. Moss turned to Mr.. Mcintyre and
faced counsel for the defence sternly.
You must not" he said. 'be guilty Of
double dealing"
| He pointed out instances where Mr..
Mcintyre in reading from the record
had twisted or omitted parts Of the
testimony. thereby clouding or invertlng
the meaning. as when Mr.. Mcintyre
stopped short after reading Becker's re-
mark to Rose: II don't want him
threatened" The rest Of Becker's re-
mark was that ne wanted Rosenthal
murdered. "a
Mr.. Moss charged Mcintyre with
making a misleading statement about
Zelig, and Mcintyre. purple with rage
jumped to his feet. The court sup
ported Mr.. Moss.
Taking up the points Of the case
against Becker. Mr. Moss said that the
murder was divided into three parts
the gunmen. the brains that directed
them and the will behind tho brains
and the gunmen. Tho directing will
was Becker. he argued: the most I'M
portant force in the murder was
Beckers will. The gunmen would not
have acted had It not been Becker's will
Mr.. Moss then discussed the bargain
and sale" charge of Mcintyre.
Gentlemen" he said. you win never
TO-
matter what happens to Becker. You
need not worry about knocking elbows
with them. II we had not accepted
them as witnesses we would have had
nobody. All ten would have escaped
and would have been walking the street:
day.
WAS It our duty to take these mer
or to turn them down? We gave them
nothing. They gave us something. Sc
far as immunity was concerned the fact
that they appeared before the Crane
Jury would have given them that"
Mcintyre Interrapts Again.
Mcintyre was up with another ex.
plosive interruption that Moss was moi
truthful, but the prosecutor continued
calmly.
II object to misstatements." shouted
Mcintyre.
-It's rather late for you to wake W
to misstatements." said Mr.. Moss.
'These men Rose and the othersl
knew they had to tell the truth and it s
a shame to befog the issues in this case
and dust in the eyes Of the jury. We have
these men bound up. They have to tell
J the truth. As to their walking Broadway,
l guess the friends Of the gunner will
take care Of that"
MIR. Moss said that tho character oi
in the case and then began to analyzs
the testimony. He described how the
CORPUS delicti had been proved by the
testimony OF policemen and doctors and
then pointed out that four Witnesses
hecht, a Metropole waiter; hrsuse E
gunmen.
He commended Krause's courage and
said it took nerve to do what Krause die
in laying his hand on the shoulders OF the
gunmen. He oontended that there could
not be a doubt OF the truth OF the identified,
tiOns.
Mr. Moss said that attempts OF oounse
: to discredit Morris Luban as a witness had
failed and that It was possible for Lubar
to have been at Hammersteins roof gar
den the night OF the murder. even though
the downstairs theatre was closed.
Must we bring genteel Witnesses when
, the associations OF the defendant have
; not been genteel7' he said.
: GunmeA Not Free.
} He emphasized the testimony given by
: Shapiro. the chauffeur. In corroboratior
: Of Rose.
sOh, gentlemen. what's the use In sayin &
, we haven't got the gunmen'. said the
prosecutor. What a Quibblel We
haven't been exposing all Of our case
against the gunmen to their counsel"
He took up the testimony OF Mrs. Lilliar
Rosenberg, the wife OF Lefty Louie. ano
said that here was more confederation
. of Rose and Webber Andl Vallon and
Schepps. as was the testimony Of William
Reilly. superintendent Of the house where
the gunmen lived.
Coming to the conspiracy assertions
of the defence. Mr.. Moss said that the
State had produced forty -four witnesses
while the defence had put on ffty-four.
-Of these fifty four said MIR. Moss
fourteen were policemen. seven attaoke &c
Luban and Hallen and the rest were
character witnesses.
He called attention to the failure o
the defence to prove the statement tina
many had heard Rose and Webber max,
murderous threats against Rosenthal.
He pointed to discrepancies between
the testimony Of Jack Sullivan and hi
brother about the same conversations
Reich had denied that Webber had ad
mitted a frameup and had admittet