The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-10-23

Sullivan's efforts to get him to say that
he had driven Vallon and Schepps from
the murder. But he was allowed to tes-
tify that he had not seen Vallon or
Schepps after he left them with Rose
and Dago Frank at Webber's poker
room. Herein lay the keenest dsap-
pointment TO the defence. with one
word Shapiro destroyed the impression
that Becker's lawyers had sought TO
create that Vallon and Schepps were
the actual murderers.
Becker hitter Over Not Testifyins.
Lieut.. Becker spoke somewhat bitterly
over the refusal Of his lawyers to let
him take the stand and do the hest he
could for himself. At the close Of court
and Just before he was taken hack to
the Tombs he was asked why he hadn't
been called and what he thought about
his case.
"1 wanted To testify" he said. "but
whenever the matter came up for dis
cussion there was always difference Of
opinion. They couldn't agree"
what kind Of verdict do you think
you will get?" he was asked.
"why. I'll he acquitted" said Becker
soberly. "How could there be any other
kind Of a verdict? No New York jury
will believe story that was not only
framed up but tucked up"
He shook hands with several friends
and then turned to glance at his wife.
"There's a brave little woman" said
Becker. "She has helped me n good
deal by her courage and her cheerful
ness. ri be home with her in q day
or two
But he was by no means the eame
Becker who at the first Of the trial
swung into court with shoulders thrown
hack. piercing glances all around. ready
laughter and brimming confidence. who
ruled the counsel table with a mastery
that brooked few objections and whose
every word and gesture showed his
complete belief in his safety. Yeeter-
day he was not alert in following the
arguments Of counsel and the testi-
mony Of witnesses. He smiled infre-
quently. He looked older. Often he
looked into space and cast aside the
faraway look only when one Of his law
yers turned to him with a remark.
Attorney Stryker for the defence
made the usual motions to dismiss the
indictment and dismiss the defendant on
the ground that all Of the States wit
nesses were accomplices. Justice Goff
denied all Of the motions.
The general prediction was that the
jury would either convict or disagree.
It Il pretty certain that the Jury will
have an opportunity to decide whether.
II guilty at all. Becker Is guilty Of muir
der in the first degree or in the second
degree. IT Is not supposed that they
will be limited to the consideration of
one degree OF guilt
The testimony Of the witnesses pro-
duccd by the defence on its last day
was not helpful to Becker.
strong Arm Testimony RefuteA.
After several days Of smoothly now
ing strong arm squad testimony to the
effect that Max Margolis, who swore
that he heard Becker arrange for an IL
legal raid on the Rosenthal gambling
house and heard Becker in friendly
talk with Mrs. Rosenthal the night OF
the raid. was not present when the raid
was made a policeman not Of the
strong arm squad took the stand and
testified that Margolis was at the raid
and that he talked with Margolis on the
stoop of the Rosenthal house.
And another policeman swore thai
although he was anxious to bring the
real murderers Of Rosenthal to Justice
although he-was a friend Of BeckePs
although he did not like "the Distric,
Attorneys attitude toward the police,
he did not say a word to the police
authorities or to anybody save Becker
about his having heard Rose threaten
to kill Rosenthal This policeman
Foye of the strong arm squad and one
OF the party at the Elks Club last New
Years eve-testified that Jack Rose
was confiding to policemen his inten-
tion to -shut Rosenthaps mouth so tina,
It would stay shut"
The defence failed to score with the
brother Of Jack Sullivan. one oi
Becker's strongest allies, whose raging
loyalty to Becker and shrieking hatred
OF the gunmen dinned the trial the
day he testified. When Charles Reich
Jack Sullivan's real name is jacob
Reich) was called to testify that Web
ber had offered Jack Sullivan 325,00t
to swear falsely that Becker was with
Rose and Webber about daylight aftel
the murder Reich injured the defenc,
by correcting the question and insistin,
that webber had asked Sullivan to ad
NIT that he too had been present at tn,
meeting with Becker.
The rest Of the Becker witnesses wer,
put on the stand to show that Becke
had not paid the counsel fees fol
Charles b. Pitt, Jr.. when Pitt, Becker
Of a negro. and to tell the jury tina
Becker was a man of good reputation
for peace and quiet. Becker's lawyer
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