New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-12
Mcintyre Had Expected to Call
Morris Luban to Prove Pris-
oner Was Victim of Frame
Up-Fails to Show Aid
Was Promised.
BALD JACK" TAKES STAND
Excused, However, Until To-day,
Which Will Be Entirely Devoted
to His Examination-Stan
Identifies Whitley" as
One of Real Slayers.

The prosecution forged the first link
yesterday In the chain Of evidence by
which 1t expects to implicate Lieu
tenant Charles Becker with the murder
OF Herman Rosenthal, for which he is
on trial before Justice Goff in the
extraordinary term of the Supreme
Court The testimony of a new and
unexpected witness purporting to con-
meet the accused police lieutenant di-
rectly with the instigation of the crime
fairly startled the defence.
Morris Luban, one Of two brothers
brought over from Newark, where they
have been in custody on a charge Of
forgery, testified that he overheard a
conversation between Becker and
Bald Jack" Rose, few days before
Rosenthal was shot, in which the for
mer said: "If that - - Rosenthal
is not croaked / will do it myself"
Luban was in the steam room at the
Lafayette Baths, at No. 400 Lafayette
street, and Becker and r occupied
chairs near him, when he overheard the
conversation, he testified. The time. as
near as the witness could fix II. was in
the latter part of June or early in July.
He had known Rose for several years,
Luban said, and had known Becker by
sight for several months prior to that
| time
Luban also was an eyewitness to the
shooting, and there was a dramatic
pause in the proceedings when he iden-
titled three of the gunmen, "Dago''
Frank Cirofci, "Gyp" the Blood Harry
Horowitz) and Lefty Louie Rosen-
berg, IS we'll as William Shapiro, the
chauffeur of the gray car in which the
gunmen escaped. He had known
Rosenthal for twelve years, the witness
said, and had known the gunmen and
Shapiro by sight for some time.
Luban testified there was a girl with
him in the door Of the Metropole who
witnessed the shooting. but he posi-
lively refused to give her name or ad-
dress to John F. Mcintyre. counsel for
| the defence, who put him through a
gruelling cross-examination. Mr.. Me-
Intyre referred to letters which he con-
tended the Luban brothers had written
to Becker and to him (McIntyre) from
the Essex County Jail, offering to tes-
tify that they had heard Rose and
others talking about the frame-up" on
Becker II Becker would see that they
were bailed out
The gunmen were brought into court
three different times yesterday for
Identification by witnesses. They
showed their teeth at their third ap-
pearance-a Lefty" Louie raised his
voice in a loud complaint. which was
audibly seconded by ''Dago" Frank.
1--WE are willing to be identified prop
ely II lined up with other men," said
Lefty" "but we are always brought
in together with no one else, and 1t
isn't square"
Giovanni Stanish, an Austrian and
another eyewitness to the shooting,
identified Whitley" Lewis in court as
one of the men he saw fire a bullet at
Rosenthal. He thought "Gyp" the
Blood was another of the men he had
seen shooting, but was somewhat
doubtful in his identification of Horo-
witz
Thomas Ryan, also an eyewitness,
taxicab driver stationed in front OF the
Metropole on the night Of the shooting,
! apparently lost his nerve on the wit
ness stand and failed to identify any OF
the gunner. although District At
| torney Whitman had expected him to
do so from what the witness had previ-
ously told him.
To-day will be field day for Bald
Jack" Rose, the principal witness
against Becker. Rose was called to
the witness stand at the close OF
Yesterdays session, but was excused
until to-day. Justice Goff announced
that he would open court at 10 o'clock
to-day and sit until the direct and
cross examination of Rose was COM
/ pleted. 1t is expected it will take all
day, and perhaps mean another night