The evening world. [volume] (New York, N.Y.) 1887-1931, 1912-11-16
CONTINUED from First PaseJ


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will be OF enormous help in aiding Lieut..
Pecker To obtain = new trial Becker
has been convicted Of hiring these four
zeilg badinen to sIay the gambler who
was threatening 10 expose him a. q
CRATER.
II the gunmsn are legally 90
quilted IL will mean that the Court
of Appsais must review the test.
mony n both cases co-ordinatsiy,
accepting the findings in the new
trial a. freshly discovered svi-
dsnos. II may also force the hand
Of the Distriot-Attornsy to prose-
cute WALTON ana Weber because
Jury will have decided that they
ana not "0yp," Lefty" whitley"
ana "Dago" Frank nred the shots.
The humanity Of all four states
witnesses 10 based entirely on the
theory thaA they did not hrs shot.
DEPUTY COMMISSIONER DOUGH.
eRTY coNTRADIcTs oUNMEN.
Il was 1875 when Justice Goff cane
10 the bench. whereupon Deputy Police
Commissioner George =. DouEherty was
recalled by the People to tell OF state
ments made to him at Police Headquar-
ters by "Dago" Frank and whitley
Lewis.
Mr.. Dcugherty related that the two
gunner had accounted to him for their
whereabouts on July II and lb-the Days
before the murder-ioy saying they had
been with relatives. "Dago" Frank saic
.ts~t hss
spent those days with his mother. On
tho stand Frank admitted that he had
spent both days with his fellow gunmcn.
The witness also tore down the ,csti-
mony OF the defense's eye witness-MrT,
Mary Ellen HYDE. the aged newspaper
and chewing gum wonder Mrs. Kyle
he said, had called At Police Headduar-
ters and informed the Deputy Commits
sioner that she positively had not wit
messed the murder.
After Albert Johnston. a reporter. had
sworn that Whitley" Lewis. after his
arrest at Fieischmann's n. Y, had told
him that he was not in New York on
the day OF the murder. Louis C'Bridgis'D
Weber was called.
WEBER TELLS OF LAST TALK
WITH GuNMEN.
The sallow. thin-faced gambler was
clad entirely In black and looked sombre
As an undertaken. He kept his eyes
glued on Mr.. Moss and averted from the
defendants while he testified.
q. ny l9r. l9oss) Did you shoot
Isrmaa 1ossntAalS 4. (Yaintly)
10, SIR.
Q. DID you see him shet' 4. no,
cir.
Weber told Of the assemb!age Of the
gunner In his poker rooms at sixth
avenue and Forty-second street lie de-
MED that he or Rose had told them that
they wanted them to meet Detectives
steinert and White-Bscker's Strong
Arm men-to prove to them that they
(Rose and Webber) had nothing to do
with the framing Of Jack Zelig
q. hut Hermann 3ossAthal was
mentioned TO thsm7 4. Yes, sir.
q. Howl 4. Well, after they
oans In and Rose ana Z had talked
to them Z went over 70 the Metro
pole and saw Essential. Then
went back TO my poker room ana
saad to the dsfsndants' "1ossn-
thai 10 at the Nstropols."
Q. What aid they DO thsaf A.
They all went out.
Mr.. wahle frequently objected to
Wsbber's testimony as not In rebuttal.
but the Court allowed the States wit
ness to go on.
WEBER DENIES STORIES TOLD
BY THE DEFENDANTS.
Tho witness told OF the meetings be-
tween himself Rose, and the gunner
in the Lafayette Baths on July II, when
Rose told them that Becker was anxious
to have Rosenthal croaked. The gun
men had sworn that they had never
visited the Lafayette Baths. Webber
was asked about meeting the defendants
In a chop suey place on the night they
went to the Garden Restaurant to Kill
Rosenthal. but were prevented by Rose.
that Ia according to Roses story. Web
Der had not gone to the Garden Restaur-
ant with Rose and the gunner.
The gambler wound up his direct testi-
mpny by Identifying Mrs. Mary Ellen
HYDE and relating that last Sunday she
had visited the West side Court Prison
and asked to get a look at Rose. HIM
self. WALTON and schepps SO that she
could Identify them.
O. She said this to you? A. Yes, sir
@. And she didn't know who you
were? 4. No. sir.
WAHLE STARTS cRoss-ExAM
NATION OF WEBER.
Tho prosecutor turned the witnesi
over to the defense and Mr.. Wahle.
"Wsbbsr," asked HI. Wahls, "did
you ever have any other business
that that of . gamblsrf
"Ysu,". returned the. witness
quietly, with . little smile. ~ ran
IA opium place In Chinatown for
thrso years"
Weber said his opium joint was al
No. II Pell street. II was drawn from
the witness that he, himself. had mo-
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