The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-10-23

them that night that he wanted Rosen-
thai "croaked."
by Mr. Mcintyre Q. Where did you
meet Lieut.. Becker? A. At Third avenue
and Fourteenth street.
O. Where did you go2 A. To q place in
Twenty-third street. where we had dinner.
Q. What time did yom get there? A.
presume that II was o'clock-a few min
utes before or after.
so2 A. Becker said he had to go TO the
at Fourth avenue.
Q. What time was that A. About o
o'clock.
Mr. Moss brought out on cross-ex-
animation that Maher had been a friend
Of Becker's since 1902. and that he had
been county detective. A question as
to why he quit being a county detective
was ruled out.
Glarcs At District Attorney.
Charles r. Foye Of Becker's old strong
arm squad followed Maher. Foye's
black eyes flashed no good will toward
the District Attorney. He gave his tes-
timony with racehorse speed on direct
examination, but he was haltinR and
doubtful and lame on cross examination.
The direct examination was:
BY Mr.. Mcintyre: Q. In February Of
this year did you hear a conversation be-
tween Mrs. Rosenthal. Webber and vallon2
A. Yes I heard her order them out OF the
house.
Q. when was this and wherep A. II
was In February-the early part. II was
IN her house at io4 West Forty NTH street.
l.
basement Of the house.
Q. Did you hear Bridge webber charge
Herman Rosenthal with being responsible
for breaking his Jaw? A. Yes. did.
Q. Did Mrs. Rosenthal say Webber and
vallon were in q plot to kill her husband?
Objection sustained.
Q. DO you know Jack Rose7 A. Yes.
| since January.
Q. Did he ever take you in a gambling
house so that you. as an oficer. could get
evidence?
Objection Sustained.
O. In July did you have any conversa-
ton with Rose? A. Yes.
Y. When was this and where? A. II
was at Second avenue and Twenty-ninth
street. think II was about July ~.
O. What was saidl A. Well. II was
$50 in the morning. Rose and vallon
came along. Rose said to mo: You are a
good friend Of Rosenthal?" I said I was.
He said you tell him to shut his mouth
or will shut II up for him so that II will
stay shut"
Foye tried to answer many Of Mr..
Harris questions that were excluded by
Justice Goff. His determination to get
| in edgewise every word he could for
Becker was 30 plainly apparent that a
court Officer stood near him to warn
him when to be silent. He stuck out his
jaw at Mr.. Moss when the latter took
him In hand for cross-examination. Mr..
Moss began gently:
Q. And did you tell any one about that
| threat Of Roses? A. No.
Q. Why didn't you? A. Well--tthe Wit
ness sputtered lnaudibly. which brought an
| explosion from the prosecutor,.
q. As policeman you were anxious 70
bring the assassins to justice? A. Yes, sir
Q. Then suppose you went to Commits
eioner Waldo and told him that two or three
days before the murder you heard Rose say
that Rosenthal better keep his mouth shut
or it would be shut for all timer A. No, sir
| Q. Well. who did you tell? Al told
Lieut.. Becker on July 10 when ! went with
him 10 the Mayor.
| Q. Did you tell the Mayor OF this threa,
/ Of Rose? A. No. ....
Q. Why didn't you tell the Mayor A
Because he didn't ask me.
Q. Why didn't you volunteer this highly
important information? A. Because the
Mayor told me not TO say anything bu,
answers TO his questions.
Q. You didn't tell the District Attorney
anything about this threat OF Rose at any
time. did your A. No.
| .. Why7 A. Because ! thought the Dis
trict Attorneys office was trying to make
y out that all policemen were parties TO the
murder OF Rosenthal. and didn't like the
attitude Of the District Attorney.
Told Only Becker About II. -
| Q. Whom did you tell OF that conversa.
tion2 A. think told Lieut.. Becker only
| Q. Well. Of course you went to the Police
Commissioner and told him all about tha,
| row didn Z you? A. No, didn't Thought
Lieut.. Becker was enough to tell.
| @. Was he then under arrest? A. No
sir.
O. Well. he was arrested and indicted
for murder after that. wasn't he' A. Yes
sir.
Q. Did you then tell any public oftcia
whatever OF what you had heard? A. No
sir.
Q. Did Becker ask you not to tell any
one? A. No.
10. After he was In prison did you then
tell any ono Of what Rose said? A. told
quite few policemen.
Q. Did you go to the Mayors office with
Lieut.. Becker2 A. Yes, sir.
O. Did you then tell his Honor Of tn,
threat Rose had made only a few day,
before the murder? A. No.
| Q. Didn't you tell His Honor the Mayor?
A. No. Mayor Gaynor told me he wanted
mo to answer questions he would put I,
me. I did not volunteer any information
to the Mayor.
Q. Well. II you thought the Distric,
Attorneys ONCE was trying to make mur
derers out Of all policemen, did you tell al
your brother officers they ought TO stand
together for Lieut. Becker? A. No, sir.
Q. Did you tell all policemen they ough
to give testimony for Lieut., Becker2 A
No.
i Q. Did you know Lieut. Shear Zone o.
Becker's most effective witnesses) A. Yes
Q. Did he ever tell you he was going
to testify for Becker? A. No, sir.
Not There for Evidence.
Q. What were you doing in Rosenthal'l
house In February. when You say yo,
heard Mrs. Rosenthal order Webber from
her house' We're you looking for eviden ce
A. No. sir.
q. Yet you were police of'cer? A. Yes
Q. We're you there on business2 A. Yes.
Q. Police business? A. No
u q. Private business? A. Yes.
O. Did Won know ROseptbal -aa -