The Birmingham age-herald., 1912-10-24


 were convicted on evidence unfairly presented. But l will never allow him ito be acquitted on evidence suppressed or deliberately misrepresented."
 MT Moss said that Krause, the writer whose testimony MT. Mcintyre had at acked, identified, without hesitation three of the four gunmen as the men who fired one shot which killed Rosen- thai.
 As for Luban," Mr Moss said. "it has been charged that we failed to produce the woman who was with him. Why should it be assumed that We could pro duee her? Perhaps Luban wanted to protect her Is that anything against him?'.
 Even If Luban had been convicted of a crime MT Moss continued, the dis triet attorney would have failed in his duty fl he had not accepted his testi- mony when it was offered to him by the New Jersey authorities.
 Character of Witnesses
 Are we to blame for the company our witnesses keep" he asked Must we bring genteel folks to testify be- fore they will be believed?" It was "auibble" to declare, MT. Moss con Itinued, that Becker might be convicted and the gunmen go free.
 You were prepared for some wonder full proof of conspiracy to kill Rosen- thal founded on the hatred of the un- der world for him." continued MT. Moss. You were prepared for that by fierce cross examination of Rose, Webber and Vallon when they were interrogated concerning threats to kill Rosenthal and the offering of money to Rosenthal to get out of town, which, it appeared they might have discussed with various per sons.
 Not one of these persons was brought forward to prove the statements 1t is alleged they made 10 Rose, Vallon and Webber. What is the meaning of 1t? Is it putting up a false defense2 Where Is the proof of this underworld conspiracy except in the questions of counsel for the defense?'
 Frederick Hawley, the newspaper re- porter, put on by the defense to prove an alibi for Becker in connection with his alleged meeting with Rose and Webber the morning of the murder, was declared by MT. Moss to have been really wit ness for the state.
 He testified that he telephoned Beck er," said MT Moss. "and told him of the murder Jack Rose testified that when he telephoned Becker, Becker had told him that he had head of the murder from a newspaper man. There's corroboration from the defense's own witness
 Mr Moss warmly denounced the de- fense for Sam Schepps as a murderer.
 "Schepps never premeditated the knlinE of Herman Rosenthal" he said but af- ter il was over and he learned about the murder he committed the crime of hiding. He was an accessory after the fact which is a crime from murder and not punishable in the same degree.
 Rose wrote to schepps, his pal. and said, the electric char stares us in the face The only one to get out from dirty dog.
 To Jury This Morning
 How did Becker get out from under? I will tell you. He got Rose to swear his life away. He got him to make an affidavit clearing him (3ecker) of any motive for killing Rosenthal and fixed it so Rose couldn't testify against him. Then Becker turned down message after message from Rose and Rose saw that Becker had deserted him and that he and not Becker was facing the electric chair That's why he wrote to Sam schepps to help him out.
 "Why did Becker send his lawyer, Mir Hart to Jack Rose at midnight to get that affidavit if not to clear himself of a motive?
 "There was motive on the part of Becker to put Rosenthal out of the way. continued Mir Moss. pointing his finger at the defendant. When he died Becker rejoieed and Becker's acts pre- ceding at time of, and after the murder. and establish chain of circumstances, together with the testimony of Schepps and other witness adding the element Flo. hot tod of he