The Birmingham age-herald., 1912-10-12
FIRST TESTIMONY ' DETRIMENTAL ID
 BECKER IS GIVEN Luban Testifies He Threat ened to Kill Rosenthal
 Himself IDENTIFIES GUNMEN WHO SHOT GAMBLER Proves Such Strong Witness That Mcintyre Cross-Examines Him at Length-Coupe Will
 Return to Testify

New York, October 11.--First testimony duplicating Charles Becker in the mur- der of Herman Rosenthal was given at today's session of the trial of the former police officer accused of instigating the murder of the gambler. It was testified by Maurice Luban, q hanger-on of the underworld, that Becker had said to Jack Rose about three weeks before the mur- der, "If that -- - Rosenthal is not croaked, l will croak him myself" ;"
 Luban, who also was an eye witness Of the murder. identified In court today "Gyp the Blood" and Lefty Louie" as two of the men who fired the shots that killed Rosenthal and William Spa rio as driver of the motor car. "Gyp' and Lefty" he had known for more than year, he said, and he also swore that "Dago Frank" likewise an acquaintance was in the group when the shots were fired. He knew Rosenthal and had seen Becker.
 Is a Strong Witness
 He proved to be such a strong witness for the state that John F. Mcintyre, the chief counsel for the defendant. spent lWO nouiS q ndii li9lS A' pAee'i> down his testimony.
 Luban was only discovered by District Attorney Whitman day or two ago. He was found with his brother Jacob, held in jail in Newark, on a forgery charge. The brothers claimed to have been framed up' by somebody. The New York prosecutor procured their release on parole and according to Maurice, the witness. promised Ito help them in ev- cry way if they would prove their frame up." On the stand Luban said he heard Becker utter his alleged threat against Rosenthal in the steam room of the LaFayette baths. and that he stood within two or three feet of the police officer at the time. He did not know Becker well. he concluded, but had seen him in q gambling house on Allen street
 ';tfowe ds1 you know. it war seeker yon saw fin this gambling .house?n asked Mr. Mcintyre.
 Because I asked. I thought 1t was strange that man of his appearance should be in such "a place." rejoined the witness.
 He added that Becker was talking at the time with Denny Slyfox,' an under world character, who is expected to be witness in the trial.
 Lubans Identification of the gunmen was made without hesitation. When they were brought in for his inspection, 1t was their third appearance in court room du- ring the day Giovanni stanich. anoth- CT eyewitness had identified "whitey' Lewis and they had been lined up also before Thomas Ryan, chauffeur who declined, in frightened way, to iden- tify any of them. although he, too. had seen them.
 Gunmen Protest
 The gunmen on the third appearance made a protest We don't object to be- ing identified, but we think we ought to have chance, like everybody else, to be lined up with more men," said 'tLef- ty Louie. We want this thing cleared up. but we want square deal"
 The testimony of Luban as to how the shooting was done closely corroborated stories told by other witnesses. He said he had gone to the Metropole with wo- man he knew only as Annie, who also had seen the shooting.
 MT. Mcintyre dwelt long upon the fact that Luban had been in jail on forgery charge and in other ways attacked the character of the witness.
 Isn't it fact" shouted the attorney, that you and your brother offered to come here and testify for Becker if he would get you out on bail?'
 T did not. l don't know about my brother" said the witness.
 Although the lawyer produced letters purporting to have been written to him by the brother, the witness stoutly de- nicd he had made any such overtures He had seen Jack Rose in the district attorneys office yesterday, he said. and Rose had told him 'to tell the truth and tell all you know"
 The defense subpoenaed the witness and demanded that the court direct the district attorney to keep within jurisdic- ton until he should be called. This the court refused to do but instructed Luban not 10 talk to his brother in the mean time
 Jack Rose, the states most important witness. largely upon whose testimony before the grand jury Beeker's indict- ment was based. was called to the stand, the last witness of the day. but did not testify Justice Golf adjourned court when he was informed by counsel that it would take at least five hours to com plete Roses examination