The Birmingham age-herald., 1912-10-18

him had not been determined tonight.
 The defense has indicated 1t will endeav or to prove clique of gamblers inspired the murder of Rosenthal. and Becker Is the victim of conspiracy.
 Former District Attorney Jerome will be one of a dozen or more witnesses the defense plans to call MT Jerome is ex- pected. by Beckers counsel, to break down a portion of the testimony of Jack Rose in regard to the alleged telephone conversation with Becker introduced to show that Becker had knowledge of the crime.
 Becker Confident of Acquittal
 The accused police lieutenant expressed himself as confident of acquitta, after adjournment had been taken on the an nouncement by District Attorney Whit man that the peoples case was com plete
 Becker was In a happy mood, for his counsel had just won a victory. This was
 when Justice Golf granted motion by Mir. Mcintyre that there be excluded all
 testimony tending to show that Becker
 had made a fortune in graft from gam blers
 District Attorney Whitman had B bank tellers ready to swear that Becker had number of bank accounts, but not one was allowed to testify Justice Golf up- held McIntyre's argument, that without proof that Rosenthal. the ''squealer,' knew that Becker's bank account repre- scented the period of graft. the evidence could not show that they constituted iL motive for the killing of Rosentbnl, ''Extortion and bribery are not charged in this indictment. 'decared Becker's at torney. ''The charge is solely that of murder
 To introduce proof, the prosecution re- called to the stand Jack Rose. BeclSers alleged collector of graft. but Justice Golf refused to permit him to be examined along this line.
 Lefty Louie's" Wife Testifies
 Mrs. Lillian Rosenberg, wife of Lefty Louie.' one of the four gunmen charged with tho actual staying of Rosenthal furnished one of the sensations of to- days proceedings. when she appeared as a states witness. Although denying any knowledge of her husbands where abouts on the night of the murder, Mrs. Rosenberg told of the visit Sam Schepps and Jack Rose made to her home to ask the aid of her husband in getting Jack Zelig, the gang leader, out of jail. This testimony, corrobo- rative of the stories of Schepps and Rose, was intended to strengthen one of the important links in the states ,f
 Mrs. Rosenberg was one of number of witnesses put on the stand by the state today to close up some of the lose ends of It's case, which has taken seven days to complete. The only ap- pearance of the four gunmen in the case so far has been when they were brought into court to be identified by witnesses. As the quartette are under indictment and will be tried apart from Becker, lit is not expected they will be called to the stand in this trial. Carney First Witness John F. Carney, telephone operator. was the first witness called by the commonwealth. Carney said that he was on duty the night of the Rosen- thai murder From Il record of calls made that night he identified one made lat 2;27 q. m. July 16. What call was that?' Assistant Dis trict Attorney Moss quizzed. To this question witness was re- quested to withhold his answer mo- mentarily to enable MT. Hart for the defense to cross-examine him to de- termine If his memory were really re- freshed by the record of telephone calls or whether he depended on the record | solely
 If 1t were not for that record you could not remember a single number on it, could you?" asked MT. Hart.
 q do not believe 1 could replied Carney.
 Hart then sat down after objecting to further testimony from the wit ness.
 What connection did you make at l2:57 a. m.?" Mir. Moss asked Audubon P-6e4."
 Did you disconnect the calls after ward' was asked ",rhe number is of Becker's house tele- phone, and the time corresponds to that
 Rose testified he telephoned the job was done, is that it?'
 Yes"
 Lucy Haywood. the negro telephone op- orator, testified 10 the number of the di- 1 rectory indicated by star. She an
 swered the questions satisfactorily. | The "gunmen" were brought into court. | William Reilly, the next witness. iden- | tined Lewis and Vallon as the men who rented apartments from him under the
 name of Gordon some time after June 10.
 Newspaper 1ipster Testifics 1 Max Margolis. who described himself as | tipster for newspapers. next testified. He said he had known Becker for five
 months and was present at the so-called fake raid made by Becker on Rosenthal $ place. Becker had asked him to enter
 the house and be ready to swear out af- | hdayits. he said. as to what he saw as
 evidence Witness said he went in with ! the raiders when they started.
 "The breaking down of the door" said
 witness made us hear Mrs Rosenthal yelling, I'll let you in.' After we got ir I heard her ask. Why. Charley. what are you dolng? Becker then took her into