The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-10-24

4u.y was to protect civilization against
such men as Becker.
No such crowd has stormed the cor
ridors of the Criminal Courts Building
as strove and fought yesterday for en-
trance to the trial Men and women
came armed with all kinds Of personal
cards and passes issued by this and
that parsonage, but few, however great
their influence. were admitted unless
they had business in the court room or
had the permission Of the Justice. the
District Attorney or counsel for the de-
fence.
Six foot policemen showed and pushed
all day long, fighting to keep the crowd
from the court room door. They were
weary men when the days work was
over at 73o r. NJ
Noted Persons Attend.
Some OF those that had seats were
Judge and Mrs. Elbert II. Gary. Magis-
trate and Mrs. Joseph f.. Corrigan,
Lewis Nixon and several Justices OF the
Supreme Court
When the court convened at 10 A. NJ.
the first proceeding was the arraign-
ment before Justice Con Of Red Phil
Davidson. the murderer OF Big Jack
Zellg. He was hysterical as his counsel
entered for him plea OF not guilty.
Justice Con- directed that a panel OF
talesmen for his jury be ready next
Wednesday. The way was clear then
for Mr.. McIntyres four hours OF argu-
ment in behalf Of Lieut.. Becker.
At the very beginning of his address
Mr.. Mcintyre laid stress on the point
that Becker has not been tried for ex-
tortion and grating. but for murder.
Mr. Mcintyre believed that the jury
was made up OF men Of intelligence
who would not confuse one crime with
another.
He warned the jury that its findings
we're, irrevocable and that 1t must
give Becker the benefit OF every doubt.
His next comment was as surprising as
II was interesting:
II. in the course of this trial. and I say this
both deferentialy and respectfully. you
have.felt that His Honor felt that he defend
ant arraigned was guilty and that you. in
consequence of such a feeling. substitute
that which he may have thought in the
stead or place of your own convictions. that
will be a violation of the oath you took upon
the evangels.
Rap for whitman.
The law demands no vengeance: the law
seeks no victory. May impress then upon
your minds that the defendant at this bar
has endured the pelting of a merciless storm
Matched and framed up in yonder prison
that will show you before the conclusion of
this summation. The prosecution here
has partaken too much of a pride in the
proceedings.
The chief counsel for the defence told
the jury that It was up to them whether
or not Becker was to enjoy the delights
Of freedom or be borne lifeless to some
Churchyard. He was defending, he
said, an American. not a murderer. Mr..
Mcintyre then launched his savage at
tack on District Attorney Whitman:
The District Attorney has been misled,
perhaps deceived. He may be actuated by
ambition, and ambition often beClouds good
judgment to the end that he had fathered
prosecution framed up by crooks.
Rose. as the evidence shows. held an
animosity toward Rosenthal bitter as gall.
He plotted against Rosenthal and when he
was detected he forged link to connect a
man higher up, as the sayinRis.
The public mind has been intiamed.
hysteria prevailed. The District Attorney
uid not want the small fry-he wanted the
dig fish.
Speaks for Gunmen.
Mr.. Mcintyre attacked the identifca-
ton Of the gunmen and told the Jury
that the sunmen had had no chance to
defend themselves. In speaking Of these
men he came presently 10 a further at
talk on Mr.. Whitman:
Right here ! want to make this observa-
ton: ] am not defending those men. nor
am ] making an effort to clear them of any
accusation. Their day will come. But is
there evidence here in this case upon which
one Of you would be willing to say that you
would find them guilty on the identifcations
that have been made?
] care not whether they are Rangsters
murderers or thugs. nothing can be done to
them until a court OF justice adjudicates
upon their guilt or innocence.
is 1t not most extraordinary that we find
Charles Becker here this day charged with
murder and the four gunmen still untried?
Seize the extraordinary conditions that may
arise out Of the situation created by the
District Attorney.
You convict Becker, and four months
hence those four gunmen are arraigned and
found not guilty. You have got Becker up
In the death house awaiting execution. and
the four men. who. it is said. did the killing.
walk the streets Of the city Of New York.
Why were they not tried first and con-
victed? Was it because the District At
torney or his aids believed that there could
he no conviction OF these men? And il
those men were tried first and were acquitted
then could he arraign Charles Becker at
this bar?
Is there not little bit Of legal juRRlery
In this case? Is there not a bit Of jockey
ing9 II the killing was done by some one
else other than those men, then this case
fails against Becker. because you see that
this conspiracy. which they say was hat ch ed
UP by the defendant. fails.
Becker Never Saw GUNNER.
There Is no contention that Becker ever
saw one of these gunner in his life. There
ia not scintilla of evidence introduced
showing that there were threats or indirect
communication between those gunmen and
Becker. save for a little bit of proof that was
injected into the case by that self-confe essed
murderer Jacob Rose.
For ten minutes or more Mr.. McIn-
tyre assaled the testimony of Louis
krause, the waiter. and charged that
Krause's identification OF the gunmen
was part OF the conspiracy.
Coming to the witness Stanich he
called the jurys attention to the fact
that Stanich hadn't been able to dis
tinguish clearly the features of a man
b.. haA