New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-23
Makes Sensational Affidavit to
District Attorney, However,
Tending to Show Gunmen
Were Carrying Out Or
ders of Lieutenant.
DEFENDANT NOT ON STAND
Expects Acquittal, He Says, Believ-
ing Jury Will Not Sanction
"Frame-Up"-Summing Up
Restricted and Jury
Should Have Case
Tomorrow.

TOMORROW.
The last witness was examined and
both sides closed their case yesterday
at the trial Of Lieutenant Charles
Becker for the murder Of Herman
Rosenthal. The defence rested with
out calling Becker to the witness stand
to testify in his own behalf Opposing
counsel will sum up to-day. Justice
Goff is expected to charge the jury
tomorrow morning, and Becker's fate
should be in the hands Of the jury by
noon.
The court ruled that each side should
have four hours for making the fnal
addresses to the jury. John F. Nc
Intyre. counsel for the defence, will
begin his last plea for his client at 10
a. m, and must finish by = o'clock.
Assistant District Attorney Frank
Moss will sum up the case for the peo-
ple His allotted time will be from $50
to 7:30 p m, as announced by Justice
Goff.
II have no fear Of the outcome"
Becker said after court, for l cannot
conceive that any New York jury would
fail to see that the case against me was
a frame-up' 1t must appear to the
jury how these witnesses framed up
and tucked in their testimony. The
whole case OF the state was based on
the evidence OF criminals. l conf
IDENTIFY expect to be acquitted"
Decision Somewhat Of a Surprise.
The decision Of the defendants law
yers not 10 put Becker on the witness
stand came as somewhat of surprise.
While 1t would have opened the door
to the District Attorney for an almost
unlimited cross-examination of the po-
lice lieutenant on all sorts Of subjects,
1t was thought the chance would be
taken in last effort to bolster up what
otherwise appeared like weak de-
fence. Becker himself was anxious 10
tell his story to the jury, he said, but
willingly bowed to the veto Of his
lawyers.
The decision was reached after a long
conference between Mr.. Mcintyre and
his client and the other lawyers for the
defence just prior TO resting their case.
Apparently the defence feared the lati-
tude the District Attorney would have
in going into the witnesses past
An important link was added TO the
heavy chain of evidence which the
prosecution has forged around the de-
fendant by the testimony OF William
Shapiro, the chauffeur of the murder
car" which carried the gunmen on the
night of the shooting. The appearance
of Shapiro as witness on rebuttal for
the state furnished a dramatic climax
in the prosecutions case. He had been
expected to testify for the defence. 1t
was the purpose Of the defence as late
as Sunday TO call the chauffeur as one
of its witnesses.
They expected to show by his testi-
mony, ii was said, that Sam" Schepps
and Harry Vallon had been at the
scene of the crime and were passengers
in the murder car" as it sped from
that dangerous section. The defence
had made persistent but unsuccessful
effort to associate Schepps and Vallon
with the actual shooting throughout
their case.
Shapiro was an unexpected and vol
untary witness for the District Attor-
ney. The stolid chauffeur. who was
finally indicted as a co-defendant in
the case, wavered for weeks between
confessing or going to trial. The Dis
trict Attorney did not expect that he
would come across" While court was
in session yesterday he sent his coun-
sci, Aaron j. Levy, TO Mr.. Whitman
with the message that he had some
thing to tell the District Attorney.
When Mr.. Whitman found out that
Shapiro had not been subp9naed by
the defence he consented to see him.
Makes Sensational Affidavit.
Shapiro made a sensational affidavit
in the presence OF the District Attor-
ney and his counsel covering the nat
ure Of the testimony he ,oIld give.
While all the statements to which Sha-
piro swore in his affidavit were not ad-
mitted in evidence, Mr.. Levy after
ward gave out the affidavit to the
In the first place, Shapiro swore that
Vallon and Schepps were not in his
car just prior to or after the murder :
of Rosenthal. His testimony to- that
effect was admitted in evidence.
He swore in his statement to the
District Attorney that he heard one OF
the four gunmen in the car mention
Becker's name. He said: Becker
has the cops fixed, and it is a clean