New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-18
Fears to Lose Advantage OF
Courts Ruling Against Ad-
mitting Evidence Regard
ina His Bank Accounts.
Defence TO BEGIN TO-DAY
Lieutenant's Attorneys Will Try
to Show Death of Rosenthal
Was Due to Gamblers
Feud - Prosecution
Strengthens Case.

|
at the trial OF Lieutenant Charles
! Becker for the murder of Herman Ro-
| senthal. The prosecution rested yes
| terday after Justice Con- had ruled
! against the admittance OF any evidence
! regarding the bank accounts Of the de-
| fendant.
This ruling Of the court was consid-
cred a strong point in favor Of the de-
| fence. 1t means that all the alleged
| graft" evidence against Becker. m
the nature Of large bank deposits which
| were unearthed by the District Attor-
| ney, is incompetent so far as II relates
| to the charge Of murder for which
Becker is on trial.
A ,score OF bank officials and en-
ployes were present at the afternoon
session Of court prepared TO testify to
the various Becker accounts John +.
Mcintyre, counsel for the defence,
| made strenuous objection when the
state undertook TO call Daniel a. Ben
tier, a bookkeeper OF the Franklin saw
ings Bank, as the first bank witness.
The Jury was excused from the court
room, and n long argument ensued az
to the legal points involved In admit
ting such evidence. When Justice Coz
had finally ruled in favor of the defence
the people rested their case immedi-
ately.
Becker May Not Testify.
It appears to be doubtful whether
Becker will be called as a witness In
his own behalf. II is understood that
~ he testified the prosecution would be
able to get In the evidence OF his bank
accounts which was ruled out By the
court. on that account 1t is not prob
able that Becker's counsel will put him
ON the stand. Asked II he were going
to call Becker. Mr.. Mcintyre said:
"You ca. fudge for yourself what n
bad lawyer might do under present
conditions"
Mr.. McIntyre's remark was taken 10
mean that the defendant would not be
n witness In view OF the ruling OF the
court In regard TO the alleged sratt
evidence.
John w. Hart. OF counsel :or the de-
fence will make the opening address
"a the fury to-day. Mr. Hart said ne
expected to occupy half an hour. The
general outline Of the defence VIII be
An endeavor TO show that RosenthaIs
death WAS the result of a gamblers
feud dating back year before the time
he was shot, according TO Mr.. Nc
Intyre.
The first few witnesses summoned by
the defence will furnish testimony
tending to prove that Rose Weber.
yallon and other gamblers conspired 10
kill Rosenthal because there had been
big killing financially In Rosen-
,bars gambling house and the latter
had pocketed all the money and re-
fused TO divide with Rose, who was his
partner, Mr.. Mcintyre said
VIII Call East side Gamblers.
Several East side gamblers and other
characters of the underworld Will tes-
t,fy that they overheard threats made
by Rose and Weber against the life OF
Rosenthal for months prior to the time
that Rosenthal made his "squear' In
the affidavit which implicated Becker 1t
WAS said. The defence will try to show
that Rose and Weber were the moving
spirits In the plot against Rosenthal
and finally ordered his murder. but not
through the fundamentally OF the de-
fendant, as the prosecution contends.
| eft must be remembered" said Mr..
Mcintyre, that no real motive enters
into this case until about two weeks
before Rosenthal was killed, or little
time prior TO the making OF Rosenthars
affidavit. according to the peoples con-
tsnt,on Justice COT has ruled that the
prosecution cannot 20 back OF that time
TO show any possible motive In alleged
grating. Now, II we can snow mo-
tive for Rosenthars murder on the
mart OF the gamblers long before he
ever made his 'squeaf 1t will go long
way toward breaking the peoples case.
This we will endeavor to do through
our witnesses"
The peoples case was strengthened
Yesterday by the testimony OF several
witnesses who corroborated in some es-
sential details the stories OF Bald
| lacy" Rose. Bridge" Weber, Harry
WALTON and sam" Schepps. Perhaps
the most important bit of testimony
was given by John Carney, telephone
onerator at the booths in the Times
| Building
| Carney testified that he made a con-
nection with 6694 Audubon Becker's
telephone number at 2:57 a. m. on
July 16. That corroborates Roses tes-
timony that he called Becker up from
that station Just after the shooting and
told him that Rosenthal had been
killed. The hallboy at Belleclaire
Court. Edgecomb avenue and l65th
street where Becker lived, testified
that he received a telephone call for
Rocker about that time and saw Lieu
tenant Becker go out shortly after
ward.
Sam" schepps and Jack" Rose
] Continued on sixth page, third column.