Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-10-22
WAS TO SAY HE SAW
OFFICER AFTER MURDER
Justice COTS Action Comes as Sur
prise to the Defense.
MCINTYRE HAD CLOSED CASE
Refuses to Question Witness and
District Attorney Then Puts
the Queries-Testimony as
to Policeman's Character.

=
NEW YORK. October 22--The defense
in the case of Police Lieut.. Becker
charged with the murder of Herman
Rosenthal signified that it rested at noon
today, but Justice Goff. taking matters III
his own hands. reopened the testimony
and recalled to the stand Jack Sullivan
who previously had testified for the de-
fense.
There were certain questions put by
the defense to this witness which l ex'
Guided before. 1 now permit you TO pu'
those questions" he said to John F. Nc
Intyre. Becker's chief counsel
Mr. Mcintyre said he declined to put
the questions now. as he preferred to lei
his case stand as 1t was.
Then / direct the district attorney TO
ask the witness these questions. said
Justice Con-, lin the interest OF the de-
fense."
Mr. McIntyre's vigorous objections were
The action of the defense in announcing
that 1. .esired to rest was sudden and
unexpected Mr.. Mcintyre had said less
than an hour before that he expected to
call Becker to the stand.
The morning session had been taken
up mainly with testimony introduced to
sustain the contention of the defense that
the informers. Rose. Webber. Vallon
save themselves. Character witnesses
then were called and Mr.. Mcintyre an
nounced that he was through.
Sullivan Is Recalled.
BY the courts direction Jack" Sulli-
van was recalled.
What did Rose say to you in the coun-
Gil room?' asked the district attorney of
Sullivan.
He said. 'Self-preservation is the first
law of nature: / had TO testify against
Becker to save my life
What did Bridgie Webber say?"
He said. I'm the happiest man in the
world. That Rosenthal is dead
and 1 don't have to worry about his
getting me now. Now. Jack. it's all
been fixed up by the district attorney
for you to corroborate us when we tes-
tify. We are all Jews and what do We
care about that Dutch - Becker any
how?''
Did Rose say anything else to you?"
Yes, he said that he and Webber and
WALTON and Schepps were going to
frame up Becker. and said Why, you
baldheaded @, what do you mean by
this?' he said. Well. you know self
Says He Took No Part.
Sullivan said he took no part in the
assassination of Rosenthal, nor in the
alleged conspiracy of Rose. Webber. VAL
lon and Schepps to assassinate the
gambler.
''Bridgie Webber said to me: The only
way YOU get out is for you to do as
Mr.. Whitman says and swear you saw
Becker at 42d street and 9th avenue a
few hours after the murder If you do
that you will get out. like we will. after
the trial If you don't you'll be indicted
and spend six months in jail
Did Webber offer you money to cor
robboIate him."
Yes. ne said, For Gods sake, Jack.
say that you saw Becker. We will
testify. II you want any money. I'll give
you 81 Opo now and when you get out
well go into the hotel business. IL put
in S2l,Ooo and will divide the profits
evenly All you have 10 do is to lie FOR
us: if you lie, It's all right If You
don't you'll go to jail
Il told him Id go TO Jail. and ne asked
me to name my price i told him | didn I
have price when it came TO swearing
mans life away
Record of Morris Luban.
When court convened Mr.. Mcintyre pro-
duced in evidence the record of the Kings
county court, showing that Morris Luban
had been convicted of perjury in 1911
and sentenced to seven years in tho peni-
Tertiary. Luban. who testified for the
state that he was an eyewitness of the
Rosenthal murder. swore that he had
never been convicted of crime.
Assistant District Attorney Moss told
the court that Luban had appealed from
the verdict and was now out on bail,
pending the result of the appeal.
John ID. Maher. d theatrical manager,
ad he dinner kpr
on July and was with him from $50
10 . p. m. Webber had testified that
Becker had told that night that he
wanted to ''croak Rosenthal.' Maher
testified that he entered and left the res
taurant with Becker and that Becker said
nothing to Webber.
Charles f.. Foye. a policeman testified
that he was called TO the Rosenthal home
last February by Mrs. Rosenthal to eject
Weber and Vallon from the premises
The; witness was not permitted to say if
he heard Mrs. ROsenthal say she was
afraid Webber and WALTON We're going to
kill Rosenthal, but testified that Webber
told him that Rosenthal had been re-
spOnslble for breaking his jaw.
Il met Jack Rose. 100. on July IL or Il
on the street at 80 in the morning .
You're a pretty good friend of Herman
Rosenthal. aren't you? said | knew
Rosenthal. and Rose then said, Well.
you'd better tell Rosenthal to quit talk
Ing ABOUT anu Keep his mouth shut
or l will shut it so he'll never open ii
again.
Did Not Mention Threat.
On cross-examination Foye said when
he was called to Mayor Gaynors office 10
tell what he knew about the murder he
did not mention Roses threat because the
mayor told me he wanted me to an.
swer the questions he put TO me. 1 did
that. and only that
The witness said he did not tell the
district attorney. because / did not Ek,
his attitude adding:
He seemed to want the public to be-
Heve the whole police department was In
cahoots with the murderers.''
Foye said that he had reported te
Becker in February or March his visi
to the Rosenthal house. He had re.
ported il to no other police official, how
ever. as he didn't think il worth while
Several witnesses testified to Becker:
good character.
Charles Reich, brother OF Jacol
Reich cJack Sullivan'). said that Au