The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-10-20

AT lenSt is the opinion OF BeCkerS cniet
counsel. John +. Mcintyre. Two-thirds
Of Becker's case has been presented and
counsel believed that they could f,nish
by Wednesday night. Much Of the fol-
lowing day would be devoted to the
closing addresses to the jury.
Believe Acauittai IL Certain.
The Becker lawyers insist that they
have made a strong defence and that
an acquittal is certain. The District
Attorney on the other hand asserts that
the States case was stronger as worked
out In court than It appeared to be In
course OF preparation and that the de-
fence so far has been weak and un-
convincing.
The Jury has not given the slightest
Indication Of the trend Of opinion
among It's members. That careful re-
straint on the part Of the Jurors has
surprised no one Of course. 1t was q
celebrated jurist who made the remark
some years ago that nobody but God
and the Jury knew what the Jury would
do and that usually the jury itself didn't
know.
On Monday the defence will again
take up its task Of proving that the in
formers themselves killed Rosenthal in
their own interests and then sought to
put the crime on Becker. Witnesses
will be put on the stand to swear that
When Rose and webber met at Sixth
avenue and Forty-second street after
the murder Becker was not present.
Two or three Of these men are gamblers.
Mr.. Mcintyre declines to say whether
Lieut.. Becker will be permitted to take
the stand in his own defence or not
or whether or not Mrs. Becker will be
called.
The belief Of lawyers who have fol-
lowed the case Is that neither will
testify. since Becker's appearance as
witness would give to the District At
torney a chance to get in the graft
evidence and the savings bank accounts
That might happen too II Mrs. Becker
was exposed to cross-exam!nation.
Immunity stipulations offered.
When court convened yesterday
morning at 10 o'clock Justice Goff an
nounced that the seseion would last only
until o'clock in order to give the jurors
time to register as voters. Mr.. Nc
1ntyre then called for tho stipulations
Of immunity which were granted 20
Rose. Webber. Vallon and Schepps with
the consent Of the Grand Jury and of
Judge Mulqueen. In the case Of Rose
the stipulation, which differed in no
material part from that given to the
Others was as follows:
Whereas. Jack Rose has made a statement
,o ,he D,atr;ct Attorney os New york countv
a. ,h. .T.ct chat CbarIe. RocLer Urn.
nr;nc,noI In ,ho mvrler ~ Herman poscr-
,hoI ond ,hot b;s tc.,imonv would show
,h,, S,ct. rov
Tb,,,,o,. vitb IN. Lnovledoe and IN.
c,ovol ~ tho court TIM follow ino waivcr
and stinu,ation 1. made.
The saId Jacr Roae doea ber~bv consen,
.o oonsar hoSoro tho Grand .Irrv ~ tho
co,,ntr ., Nav Vorr IN, tho month ~ J,iv
,e,, and 20 testify and nrodrcc anv evidence
dncnmortorv or o,hcrw,.e which mov no
IN his nosses.ion and hereby valves onv
;rmw,;,v and nrivi,eoe IN which ho NAV
-. on,,,i.d m account NJ s.ct,ona "a. and
ooe Of the Penal Law and OF nny other pro-
v,s,on oS Law for any and all transact,on.
mattnrs and thing. concerning which be
NAV testify or produce evidence nnd for
which he NAV hereafter he prosecuted
on the charge, of conspiracy. gambling
bribery. extortion and murder.
He signs this consent and waiver know
ing well the provisions of the law herein-
before referred TO and after consulta-
tion win couhsei; ana signs 'he same vol
or undue influence on the part Of any per-
son or persons whatsoever; and 1t being
agreed that the said Jack Rose viii! i'm
mediately attend before me SAID Grand
jury ana fully ana truthfuiiy give his
evidence concerning the murder OF Herman
Rosenthal and the criminal liability there
for OF the said lharles Becker, the District
Attorney with the knowledge and consent
OF the court agrees that the said Jack Rose
shall not be prosecuted Tor snid crime OF
murder or for any crime which may be
included within the testimony which he
shall give. Upon these conditions. however:
That the said Jack Rose did not fire any
OF the shots at the body OF Herman Rosen-
thai. and provided also that the said Jack
Rose VIII remain IN the ivy frison or any
otner prison IN 'he county OF New YORK
when may DE agreeable 10 me District
Attorney until said charles Becker shall
have been tried for said murder and the
indictments shall be disposed OF.
In witness whereof the said Jack Rose
and the DistHct Attorney OF the county OF
New YORK nave subscribed their names at
the Borough OF Manhattan In the city o.!
New YORK the 10th day OF July. 1912.
JACK kosR.
In the presence OF Frank Moss
,-u,,,,x c,.r,.s ,o s,..