The evening world., 1912-10-19
WHITMAN ATTEMPTS TO BREAK
DOWN THE WITNESS.


District Attorney Whitman took up
the cross-examination. lie got from the
witness that his brother did not run
gambling house now"
q. We're you ever directly or Indirect
" interested In a gambling house on
West Forty-eighth Street A. Only tn
directly. I put up the money for my
brother
q. You haven't given him any money
to run n gambling house since Rosen-
thai was murdered7 A. No.
Smith swore ne had never given his
brother more than 1900 at any time.
Before he went into the contractin
business, the witness said ne had bred
and raced horses.
Q. Arc you n married man? A. Yes.
q. Is your wife Grace HoImes7
Tho hcavy-set. nor1d-faced witness
threw back his head and turned almost
blus in the face.
II refuse TO answer" ne said.
Tho opposing counsel got into a bitter
wrangle.
81 object 20 the insinuAtins tone Of
the District Attorney" said Mcintyre.
For all he knows the wdtness's wife
may be most estimable woman
The Court ruled that the question
must be answered.
"Ycs. she u my wife," said the wit
ness
What IL your wife's businessr' asked
whitman.
she has none" choked out the wit
ness.
The prosecutor gave UP this line and
went back to Jack Rose. Smith denied
that he had even been friend or an
acquaintance OF Jack Rose.
q. Not even an acquaintance and yet
he told you that II something hadn't
happened to Jack Zelig RosenthaI would
have been croaked before? A. Yes. he
told me that.
to cut Rosenthars throat? A. He did.
SAYS HE TOLD ABOUT THE
THREATS.
Q. Now. did you tell anybody about
these remarks? A. Yes. lots Of people.
q. Whof A. Oh. I don't remember
any one In particular.
Smith said he had gone to Mt Glenn
ems shortly after the murder and he
could not remember 10 whom he had
told Of Roscs's earlier threat. He
could not mention single person ia
| whom he had talk ed. though Mr.. Whit
man was most insistent upon knowing
II will not answer" said Smith. be.
oause I might name the wrong man by
mistake"
Mr.. Whitman:-'Tsn't Il a fact that
the reason you fail to remember the
name Of a single person you told this
STORY TO d. because you know ! will call
those persons. and you know they Will
contradict your
| Mr.. Mcintyre entered a strenuous
objection. but the witness was forced
to answer
| mo, sir" he said.
| Smith said that after his return
| from Mount Clemens and before he
went he had told Val O'Farrell, a de.
tective employed by the Becker de-
Tense. OF the Rose threat He could
not remember who was present wher
he told O'Farrell. At the time he told
OFarrell. Smith said. ne did not know
for whom the detective was working
Smith admitted he had held frequen,
| conferences with Val O'Farrel re-
garding the case.
| q. Repeat the conversation You
had with Wsbbsrr 4. He came to
me In front OF the l1stropols,
pointed 70 8ossnthal and said
"Thsrs 10 . Jew. could cut his
throat and Lay down beside him."
q. Did any one else hear that con
versation? A. I do not know.
.. Didn't II seem peculiar that q
man you knew only slightly woult
make such a statement to you? a.
lot OF things I hear seem peculiar tC
me.
Smith was sure he had told mum
ber OF people OF these conversations
In addition to Val OFarrell, but III
refused to give the name OF any on,
OF them. Justice Con ordered tn
Y cross-examination to end while thu
District-Attorney was hammering a
the witness for the names.
NOTARY SMiTh'S STORY OF
DORA GILBERT AFFIDAVIT.
Another Smith, this time named Louis
followed the contractor on the stand
lie Ia the Smith who acknowledged tn,
affidavit OF Dora Gilbert. Rosenthar
former wife. In which she denouncc
the gambler as a welcher and perver;
The witness said that on July 18th
night before the murder-he had gon
to the house OF Dora Gilbert wit
Charles Pitt. Becker's press agen,
and Sam Schepps.
l.. "A vNa H.. -