The Birmingham age-herald., 1912-10-18
STATE RESTS CASE AGAINST BECKER
 AFTER SEVEN DAYS
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 ~-~~~~~~~~~~~~~-~-~ rear room and held conversation with her"
 On cross examination Mcintyre forced from witness a flat admission that he committed perjury when he swore in his affidavit that he made bets in this pool room. Mcintyre asked the court to com init Margolis to jail on the ground that he had admitted the commission of per- jury.
 "Mr. whitman is familiar with the case now" the court replied. ''The act of perjury was not committed before me and therefore 1 am not willing to grant your request" the justice said. Margolis was then excused. Schepps Recalled Schepps was recalled to the stand The questions had to do with state- ments Schepps is alleged to have made to Acting Mayor Petit of Hot Springs and other residents of that place. Schepps had not been permitted to say on his previous examination that he had said to Petit, that I was very much attached to Jack Rose and would do anything he asked me to do.' Schepps answered in the affirmative question If such were the case. He was allowed to withdraw his previous answer.
 Did Bergdoll say to you. Why did you Kill Herman Rosenthal?' and He was good fellow" MT. Hart asked, reading the questions from the record. NO, he said, Why did they kill Ros- enthalT" Schepps corrected. Justice Golf refused to permit the com n1onwealth to introduce evidence to show that Becker had large sums of honey on deposit in city and suburban banks. The commonwealth charged this money was graft collected from gamblers by Rose for Becker"
 Schepps was excused and Charles A. Bentien. cashier of the Franklin Say ings bank, was called. When he was asked how much money Becker had on deposit at the bank Mir. Mcintyre made a vigorous objection, declaring such evidence was irrevalent to the murder charge.
 Jury Is Retired While counsel argued the point at law Judge Golf excused the jury. This man is charged with murder only" said Mir Mcintyre. This evil dence is introduced solely for the pur- pose of inflaming the minds of the jury and pre1udicing them against the de- fendant"
 Jack Rose has testified" argued Mir. Moss, that he was collector for the defendant, and we hold that the de- ACAuuHt lidQ iiis16otAh6 eiC AhhA uSi of Herman Rosenthal the motive that | the source of the large amounts Of money he has in banks in this city would be disclosed. We therefore hold that this testimony is material" The state has got to show that Becker feared an expose of these bank l accounts from Rosenthal," he con tinued. "The introduction of this tes- timony may so prejudice the jury that the defendant may not be granted a | fair trial. If there Is doubt in your honor's mind on the question, your
 honor ought to decide in favor of the
 defendant. for your honor must realize that this testimony might condemn
 him in the eyes of the jury" 1 Mr. Moss retorted that the case was dependent on circumstantial evidence and claimed 1t was not necessary tc
 prove the motives suggested by MT
 Mcintyre.
 The court, however, sustained MT McIntyre's objection.
 1 It is always competent to prove q motive" said Justice Goff. fin a case ol
 circumstantinl evidence. The crux oi
 the question Is whether Rosenthal hac
 Knowledge of the defendants bank ac-
 counts. No evidence has been intro
 duced to prove that such was the case.
 Mir. Bentien was then excused and
 lack Rose was recalled to the stand MT. Moss explained to the court thai the witness testified on his previous