New-York tribune., 1912-10-20

Robert A. Smith Of No. I2s West +sth
street. was called. He said he was a con-
tractor. but had been a trainer Of race
horses for twenty years until two years
ago. lie knew almost every one who fire.
QUented the Hotel Metropole. He met
Rose at the bouts at Madison Square Gar
den on the night OF June rs. Rose told
him that night II Big Jack" Zelig had
not got into trouble Rosenthal would have
been killed month before. he said.
did you have q conversation with
Bridge Weber," Mr. Mcintyre asked
"Yes, about four days before the KILL
ihg," Smith replied.
Rosenthal was near him and Weber ~
they stood in the cnfa at the Metropole,
the witness declared. Pointing to Rosen-
thai. Weber said. according to Smith:
Il could kill that - Rosenthal and
lie down beside him and sleep"
Mr.. Whitman went at Smith hard on
cross-eIaminsuon. He asked:
Q.-what were you doing before then:
running 4 gambling house? A.-WeH,
have never been convicted OF II.
Q.-Are you interested In any other ousl-
ness? A.-Yes, In a way, with my
brother, William j. Smith.
Q.-Did you give him money 10 run a
gambling house? A-Neither ] nor my
brother was ever convicted OF II. | don I
know IL he put it in a gambling house.
Dwell. what did you do? A.-For
over twenty years ! owned and trained
race horses.
Q.-Whcre did you live two years ago1
A.-On Riverside Drive In a private
O.~Were you ever Interested in a gam
bling house that was raided? A.-No:
Q.-How much money have you given
your brother? A.-N,oo or E,oo or more.
l can't say.
Odd you ever give him money to run
a gambling house? A.-No.
Odd you give him any money since
the Rosenthal murder? A.-No.
Q.-Are you a married MANI A.-Ye5.
Odd you marry Grace Holmes7
Mr.. Mcintyre objected and the witness
said:
II refuse to answer"
Justice Goff sustained objections to
questions In that limo. and the eIamina-
ton proceeded:
Q.-Do you live with your wifoH A
G.-where2 AT No. l3 West 18th
| street. .
Q.-what Is her business7 A.-she is
not in business.
Q.-Have you q family7 A.-No.
Q.-What was your wifes business De-
fore she was marriedf
Again an objection was sustained.
Q.-How long have you known Jack
Rose? A.-About three years ~.
Q.-Do you know him well? A.-Not
very.
Q.-whon was the conversation about
the murder7 A.-kbout the 18th OF June.
Q.-Who was present? A.-Some man
| did not know,
Q.-Give the conversation OF that night7
A.-The two men were together and we
walked to the Hotel Victoria. 9TH street
As we walked along near the Garden
along? He Is a lucky Jew. II Zelig hadn I
got into trouble he would have been
croaked a month ago.
Odd you tell any one about the con-
versation? Al can't swear II did or
not.
Odd you tell the police or the District
Attorney OF the threat?
This was objected to and sustained.
Q.-When did you first tell any one
he would kill Rosenthal? Al don't re-
member the exact date. l told II during
conversation day or two after Rose
made his confession.
Q.-Do you remember who was therep
Q.-When was the next conversations ?
A.-When | went to Mount Clemens.
Q.-When? A.-Between the LIST and 10th
Of August
Q.-Who did you tell? Al don't recall
Q.-Not n name? Al could tell a
dozen names. but they might not be the
persons al the table.
Q.-Not a person7 Al can't tell a
name for II was the same crowd that get
around a table at the Metropole
Q.--Isn't II a fact that you won't tell
the names for fear that ! will call those
people and prove your story false?
Mr.. Mcintyre objected to the question
angrily, but was overruled and Smith an
swercd No"
Q.-Didn't you think II peculiar that a
man nearly u stranger to you should tell
you he was going TO kill a man? Al
zee and hear lots OF things that are pecu-
liar?
Q-Can you give the names Of some Wit
nesses? Al can give you the name OF
every man who comes In the Metropole
and rome Of them heard me.
Smith was then excused.
Louis Smith, tr., q notary, who was at