Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-10-24

sidering the testimony Of accomplices.
but there must be other testimony to
mix in with it The law says such tes-
timony must be received: and it is the in
tent of the law that such testimony shall
be carefully considered and weighed by
the jury.
There is. therefore, no inhibition upon
you from considering as true the testi-
mony of Rose and WALTON and Weber.
Consideration of Testimony.
There is nothing in law to prevent you
from giving fair and just consideration
TO the testimony of these witnesses. and
II it irnpresses YOU with its truthfulness
you are bound to believe it
LAS 10 Rose. you can ask yourselves:
rs il within the limit Of probabilities that
he could Concoct this scheme OF sending
Becker tn the electric chair% You may
consider whether it is within his mental
fly to devise this conspiracy, dnaided. 10
save his own life.
IF his story impressed you as having
no foundation in truth. as a connection,
the case OF the state will have to fall and
You VIII have to acquit the defendant.
1T has been contended that Rosenthal
was unpopular and that other gamblers
killed him: that they now are seeking %
rid themselves OF Becker. instruct you
that that situation would not excuse the
defendant, If he made use of II FOR MS
own purposes. If he intended murder. ne
the men he caused to commit murder
were also impelled by other causes TO
their deed. the defendant is, nevertheless.
as guilty as if his directions were the
only cause of the gunmen's act.
Mr.. Moss Address.
In his summing up yesterday afternoon
Assistant District Attorney Moss said it
was of no consequence which one of the
seven men charged with killing Rosenthal
fred the fatal shot: all were equally
guilty. He declared that the defense
had charged the district attorney mot
only by innuendo but by direct accu
sation,' of misconduct such as TO make
his removal from office desirable If the
charge were true BY this vilificatiOn.
ne continued the defense betrayed its
own, weakness.
Can We go into the cesspool and pick
out what witnesses We wantc' he asked.
I've cannot help the character of the wit
nesses- The fact tat the district attor-
hey has been denounced by the defense
simply shows the desperation of its coun-
SELL
He declared that Mr.. Mcintyre had mis-
quoted the evidence of Jack Rose and had
omitted Roses declaration that Becker
had sad he wanted Rosenthal murdered.
dynamited. shot or croaked.''
He also cited other evidence on which
he said Mr.. Mcintyre had made misrep-
reservations.
That's not true and you know it, in
terruptei Mr.. Mcintyre. rising and shak-
Ing his clenched fist at the prosecutor
1T is true, and viii prove it,. re-
torted Mr.. Moss, facing Mr.. Mcintyre.
II would never sleep if Mr.. Becker were
convicted on evidence Unfairly presented.
But | will never allow him to be &C
Quilted on evidence suppressed or delib-
erately misrepresented.'
Not Given Immunity.
Mi Moss said the four GUNNER were
the men behind the guns" but that
Becker was the brains behind the men,
You need never fear about meeting
these four gunner on Broadway, nor
these three men who confessed. If
Rose, Va lon AMI Weber had stood pat,
this case would have been mystery; no
one would have known who the real
murderer was, and Becker would have
gone on with his Illegal relation with
Rose. You know as Wei as / do that it
was the duty of the district attorney to
He denied that Rose, Va,,on and Web
Der had been given immunity.
There was a tremendous motive on
the part of Becker to put Ro@en hal out
Of the way" continued Mr.. Moss. point
ing his finger at the defendant. When
lie died. Becker rejoiced. and Peckers
acts preceding. at the time OF and after
Stances. together with the testimony of
Schepps and other witnesses, adding the
necessary element of confederation that
vcnvict him of the crime We ask you
- convict this man a multitude of
circumstances which support eac other,
building up structure of evidence irre-
futably proving that this man commit
tod he crirre''