The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1912-10-22
CASE LOST WHEN
LAWYERS DISAGREE
Becker's Attorneys Dissent as to
Whether Ho Shall Go on the Wit.
ness Stand In Own
Defense.
Unless Policeman Takes the Stand,
Defense VIII Complete It's Case
by the End of
Today.

[United Press Leased Wire Service.l
NEW YORK, Oct. 22.-Decided dis
sension has developed in the camp of
the Becker defense and when the
trial OF the police lieutenant, accus-
ed Of the murder OF Herman Rosen-
thai. gambler, was resumed today the
question Of whether he would be q
witness for himself was again very
much In the air.
Becker made 1t plain that he want
ed to testify He declared that the
jurors were inclined to be favorable
to him and that he believed he could
withstand the attack of the district
attorney. John w. Hart, his counsel or
record, sided with him. But the vet
eran criminal lawyer, John F. McIn-
tyre, was baking. He, more than
anyone else, realized that the mo-
ment he was sworn, Becker would be
scheduled for an ordeal that he might
not be able to withstand.
Because Of the wide range permit
ted In a cross-examination In order to
discredit a witness, Mcintyre knew
that Becker would have to explain
the charges Of graft brought against
him. He would have to show where
he got the 100000 he is known to
have deposited In the various savings
banks around the city and his pur-
chases of real estate. And Whitman
4 has openly boasted that II he got
/ Becker as witness he would re-
veal some matters of which the de-
Tense has not the slightest fitssraa-
! ton.
/ Mcintyre said Just before the case
was called that he did not know what
he would do and would not decide I'M
! til the very last moment.
/ A total OF twenty-one witnesses
/ testified In Beckers' behalf yesterday
but many Of them failed to stand up
1 under the fire Of cross-examinatioEp py
the district attorney. Unless Becker
should take the stand, 1t seemed GER
tain that the defense would complete
| It's case today
When the trial re-opened the read
ling Of the ross-examination in con-
/ nection with the dispositions secured
I at Hot Springs dealing with Sam
Schepps' story was resumed by Dis
trict Attorney Whitman.
i Attorney Mcintyre said that he and
his associates had not finally decided
the question of whether Becker
/ should take the stand.
81 find that l have enough wit
nesses to last all day." said the chief
counsel for the defense, and so we
can go more thoroughly into the mat
ter. I do not believe it necessary to
i call Becker. Some of my associates
4 think otherwise. But we will settle
the matter some time today
i Becker seemed more hopeful as he
entered the courtroom today than at
any time since the trial was begun.
i; He smiled at his wife and shook
hands with his counsel. Asked what
!, his plans were, the accused police
man said:
II am willing and anxious to take
, the stand | think that my testimony
J would clarity the testimony to date,
! and also put the finishing touches on
: the lies these gamblers have told
} against me. I am very sorry that
> Justice Goff ruled out as evidence the
3 letter assistant District Attorney
Moss sent to Jack Sullivan in prison.
n the jury could have heard that read
I there would have been no question OF
the verdict in my favor. Now am
( not a lawyer. l want to take the
3 stand, but I will not do so unless Mr.
e Mcintyre, my chief counsel thinks
: best
Police Officer John J. nougherty
who participated in the raid on the
Rosenthal gambling house said that
he saw Louis Margolds sit in front o.
/ the place where the raid was made
e This was blow to the defense, VIII
u had claimed Margolds who was 8
g state witness, was not there.
r" Mcintyre then succeeded in get
II ting into the records OF the fact o
o the conviction for forgery of Morris
y Luban, one OF the state witnesses
e who swears he heard Becker tel
N Rose in the lafayette baths tina
u "Rosenthal must be croaked."
G. John D. Mayer theatrical man
Il ager. said he dined with Becker o.
h July C. and that Rose was not there
It Rose testified that he and Becker ha