Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-10-24

advise him.
! But Krause may have had motive
fer his testimony and that motive may
| have been malice to Becker, for Beck
| er. as head of the Strong Arm
squad kept order at the dinnerA given
| at the Waldorf Astoria TO Prince Hen
| ~ of Battenberg-and krause was 1
| tsfiking waiter at that dinner and die
| all he could To break it up"
John Stanlsh, another state witness
| Mr.. Mcintyre said. fixed his position
! 125 feet away from the murder. Morri.
| Lrban, another witness fer the state
who testified that he saw the murder
| was characterized by Mr.. Mcintyre
as murderer at heart and per-
! juror Mr.. MeIntye referred to Luban s
| testimony that he was in the Metro
pole with a woman not his wife on the
night of the murder, and asked why
she mad not been produced.
The state of New York" continued
Mr. Mcintyre, through the district
attorney, made contract with these
four murderers, saying You swear
Becker into the electric chair and we
the party of the second part. will turn
you loose upon our streets to do what
ever you WILL
dc not confuse graft. bribery and
extortiou with murder" said Mr.. Me
TntSre in conclusion. Becker is on
trial Tor murder and murder alone. In
the name of Justice and God | ask you
to say that Charles Becker is not
guilty of murder in the first degree.
Mr.. Mcintyre sat down at O'Clock,
breathless and perspiring, with his coli
lar wilted and his coat awry. He had
been speaking for four hours. mo-
ment later Justice Golf adjourned court
until $50 p. M, the time set for the
summing up of the prosecution.
Moss for Prosecution.
1T is of no particular consequence
which one of these six men indicted with
Becker for the murder of Herman Ro-
senthal fired the shot that killed him, :
Mr. Moss began; they are all equally
guilty"
.sVillifcation on the part of the de-
fence Mr. Moss continued, proceed
from weakness. the weakness of the de
fence, in an effort to divert attentio
from the real criminal. Not only by In
uendo, but by direct accusation has tn
district attorney of this county been &C
cused by the defence of misconduct. !
the accusation were true, it would meal
that the district attorney is not fit
remain in office
Mr. Moss added: Can we go into tn
cesspool and pick out what witnesse
we want? We cannot help the characte
of the witnesses. The fact that the dis
triet attorney has been denounced b.
the defence simply shows the desperatio
of its counsel
He declared that Mr.. Mcintyre ha
misquoted the evidence of Jack Ros
and had omitted Roses declaration tina
Becker had said he wanted Rosentha
murdered, dynamited. shot or croaked.
That's not true and you know it, in
terrupted Mr.. Mcintyre, rising to hi
feet and shaking his cIenched fist at TIL
prosecutor.
1T is true and / will prove it," re
torted Mr.. Moss, facing Mr.. Mcintyre
Il would never sleep if Becker were con
victed on evidence unfairly presented
But 1 will never allow him to be ac
quilted on evidence suppressed or delib
erately misrepresented.
Mr.. Moss said the four gunner Ever,
the men behind the guns" but Becke
was the "brains behind the men," add
ing;
You need never fear about these fou'
gunner on Broadway, nor these tire
men who confessed. If Rose, WALTON ant
Weber had stood pat. this case woule
have been a mystery; no one would hav
known who the real murderer was ane
Becker would have gone on with his IL
legal relations with Rose. You know a.
well as I do that 1t was the duty of thu
district attorney to accept the testimony
| of these three men,
He denied that Rose. WALTON and Web
Der had been given immunity. THEFT
stipulations do not protect them from
prosecution If they fired shot, he said
"and as for their walking down Broad
way, l guess their friends, the gunner
| of the underworld, will take care of that
To say these men are testifying to save
| their lives is to befog the ISSUE"
Mr.. Moss said that Krause the waiter
whose testimony Mr.. Mcintyre had attack.
ed, walked across the court room and iden
tilted without hesitation three OF the four
gunner as the who fred the shot
which killed Rosenthal. He did not recall
| he said, II any testimony tending TO show
that Krause had a erudge against Becker
L OF titt ne Was Ont u tuo oti ihth6 "eis~it
| at the Waldorf.
/! As for Luban. Mr.. Moss said 1T has
| been charged that we failed to produce the
I woman who was with him. Why should II
be assumed that we could produce her
Perhap Luban wanted to protect her. Is
that anything against him? Even II Lubau
had been convicted of a crime, Mr.. Moss
continued 'the district attorney may have
failed in his duty II he had not accepted
his testimony when 1t was offered to him
| by the New Jersey authorities" Are we
Ito blame for the company our witnesses
keep" he said. Must we bring genteel
folks to testify before they will be be-
lieved?"
1t was a bubble to declare, Mr.. Moss
continued. that Becker might be convicted
and the gun men go free He added that
the state had not exposed its full case
against the gun men, but only what was
necessary to show that Beckers was the
mind that directed the murder"
you were prepared for some wonderful
Iproof OF a conspiracy to kill Rosenthai
founded on the hatred Of the under world