The Daily Missoulian., 1912-10-23

(COntlnueQ FROM PaYe One.)
called press agent, was another wit
ness for the defense who was forced
on the stand by Justice Goff after
Mr.. Mcintyre had declared his case
closed. Mr.. Mcintyre refused to ex-
anime Pitt, and again the district at
torney read into the records evidence
against the states case. lack Rose
told me-" Pitt testified, that Becker
didn't have anything to do with the
murder. He said, i swear to you on
my mothers grave that Becker didn't
have anything TO do with this. He is
innocent but I've been talking too
much. and I've got to testify against
him."
Tomorrow will be devoted to sum
ming up. Justice Goff will charge
the jury Thursday morning.
William Shapiro. driver and part
owner of the gray murder ear which
carried the gunmen to the Metropole
and in which they made their escape
after shooting Rosenthal, testified in
rebuttal. He added nothing to pub
lished versions of his story, except his
statement that 80 or 35 seconds elapsed
after the shooting before he was able
to start his car In flight with the
gunmen inside
What is said to have been an
eleven hour change of mind on the
part of Mr. Mcintyre kept Becker
from the witness stand.
II didn't put Becker on the stand"
Mr.. Mcintyre said, Simply because T.
did not care to dignity the opinion
that the charge OF murder had been
corroborated by credible Witness The
law says that there can be no convic-
ton on the testimony of accomplices
without corroboration. To have put
Becker on the stand would have APP
peared to be an Acknowledgement that
the testimony of Hallen and rslban
amounted to credible testimony,
whereas it appeared before the jury
that Hallen had served 12 years in
the state prison and that Luban was
brought in shackles from the New
Jersey state prison into the court
room"
Becker said: II wanted to go on
the stand, but my counsel advised
against it, don't believe any jury
offered in this case
Cops Fixed.
Aaron J. Levy made public tonight
the affidavit of his client the mur-
bodying his confession and contain
ing the declaration that he had heard
one OF his passengers say:
Becker has the cops fixed"
Mr.. Whitman was unable to get all
of Shapiro's affidavit admitted in evil
dence as Justice Goff would not per
init him to tell what the murderers
in his car had said about Becker.
Shapiro in his affidavit outlined his
travels in the car on the night of
the Rosenthal murder He declared
himself unable to Identify the gun
men.
Il went up Sixth avenue to Forty
third street" Shapiro said In his affi-
davit, across Forty third street to
Broadway to turn the car around. AS
we reached Broadway, 1 heard one
of my passengers says: Becker has
the cops fixed. 1t is a clean get
away. Everything's all right. Becker
has told them
lufueu around AT Bf0adWay ana
Forty-third street as they told me and
stopped in front of George Cohan's
theater, my car facing the east. They
got out of the car. ! remained in my
seat, stood there about Is minutes
when | heard a shot. I looked around
l saw the four men whom | brought
over in my car from Forty-second
street running from in front of the
Metropole hotel toward my car. One
had pistol in his hand. When those
men got into the car, made. no speed
In the hope that someone would over
take us. My car moSed slowly. -
! was told by one Of them: You