New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-18
COURT RULES OUT EVIDENCE
OF | ARGE BANK ACCOUNTS

. money come from Rosenthal? Gould IL
not have come from other gamblers IL
it did not come from Rosenthal how
could It furnish a motive for killing ko-
seminal. The people must show beyond
a reasonable doubt that the money did
come from Rosenthal or that he knew
the money was IN the banks. II the peo-
pie could show q specific instance where
the money came from Rosenthal II might
be different matter"
Mr.. Mcintyre argued further that the
case against his client was not one OF
circumstantial evidence; that there were
the direct statements OF Rose. Weber and
Vallon that Becker gave the order TO kill,
and that they did what he babe them do:
consequently there was no need TO show
motive. Such evidence was not admissible
under the law unless the case was ono
purely Of circumstanttal evidence, he said.
He cited court decisions 10 support that
contention
III you admit this evidence. what will
II mean7' asked Mr.. Mcintyre. 1T will
mean that the twelve men in the jury
box will believe that this defendant IL
Issue in the case and deprive the defend
ant OF fair and impartial trial"
After reviewing the points OF law made
by counsel for the defence and stating
that they were we'll taken Justice Con-
sustained the objection.
Mr. Moss then called Bald jack Rose
10 tho witness stand. The Assistant Dis
trio; Attorney attempted TO get upon the
record n detailed account OF tho Witness
business relations with Becker. but the
court sustained the objection OF tho de
fence TO any testimony which tended TO
show graft Mr.. Moss offered 20 allow
Mr.. Mcintyre 70 cross examine Rose fur
thor. in view OF the statement OF counsel
for the defence when Rose was previously
excused from the witness stand that he
still desired 20 question him further Mr..
Mcintyre said he had been taken BY sur
prise by the offer OF the prosecution and
could not reconcentrate his mind upon the
questions he had desired 20 ask Saturday
when Rose was excused. lie asked per-
mission OF the court to read over the last
part Of the cross-eIaminauon OF Rose,
but Justice Goa denied tho request and
excused Rose.
The people rested their case at this
point. Mr.. Mcintyre made the usual mo-
tons for tho dismissal OF the indictment
against Becker. on the ground that the
prosecution had failed to make out a case.
Justice Con denied the motions Counsel
for the defence asked for an adjournment
OF court until p. m. to-day In order TO
t,A gp ltfg1F ma NJ IA
time get the witnesses for the defence to-
gether.
Mr. Mcintyre submitted an affidavit 20
the court from his physicians that he
needed a rest and was In bad condition
physically. as result OF the protractsd
sessions OF the court The affidavit re-
lated that he had not slept for two nights
and that his physicians did not deem II
advisable TO administer sedatives To make
him sleep. as they feared the effect 1t
might have on his heart Justice Con-
consented 10 adjourn court TO the usual
time to-day-l9:S0 a. IN.
Mr.. Mcintyre also submitted an affidavit
relating that he had discovered now evil
dence In respect 10 tho witness Morris
Luban, who gave damaging evidence
against Becker in regard 10 conversations
no had overheard between the police Of
ficer and Jack" Rose. Luban was also
an eyewitness TO the shooting. Mr.. Nc
Intyre asked 10 be allowed to croBs-ex-
anime Luban further The justice denied
the request. Becker's lawyer said after
ward he had learned that Luban had told
his wife he had perJured himself on the
witness stand
Some OF the early witnesses to be called
by the defence are:
Charles Reich, brother OF Jack" Sulli-
van; sam" Boston, a gambler; "Itchlty."
a man who has been referred 10 several
times by that name at the trial, but whose
Identity has not been discovered; Louie"
Green. a gambler; n man by the name Of
Gottlieb,t Bob Smith. gambler:
Jimmie" Kelly. who IL said TO run a cafe
In Chinatown; Sam" Paul. Jimmie"
James, who succeeded Rose as Rosenthars
partner In the latter's gambling house
Charles Steinert former member OF
Becker's strong arm" squad, who is at
present in the Tombs charged with perjury
IN the alleged "frame-up" OF big Jack"
Zelis. and Charles 3. Pitt, jr., who was
known as BeckePs press agent