The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-10-20
Q. How much did you give your brother.
a. much as d. 900? A. have never given
him moro than 81 900.
Interest In Gambling.

.
a. much as 81 900? A. I have never given
him moro than 81 900.
Interest In Gambling.
Q. Then you never had moro than 81 200
| interest In your brothers gambling house?
Objection made and sustained.
Q. Isn't II a fact that you yourself ran o
gambling house In this city for twenty years?
A. No. II is not true.
Q. Were you ever In . gambling house
when 1t was raided1 A. Yes. sir.
O. That gambling house was run by your
brother? A. He was supposed to run It,
.. You are married. A. Yes.
q. You married Grace Holmes? A. I
refuse 20 answer
Mr.. Mcintyre broke in here with a
protest that the witnesses wife should not
be dragged into the examination. Justice
GoT excluded several questions concern
ing Smiths wife. The District Attorney
said to Justice GofI:
ness is"
Mcintyre sprang up, waving his arms
Now l demand" he shouted. that be-
cause OF this statement juror he with
drawn and the case declared TO be a mis-
trial" Justice Gof directed Mr. Whit
man to continue.
Q. What Is your wife's business? A. Her
business Is no business.
Q. Now tell us all of wha. You say Rose
said to you on June IS? A. lie said that
Rosenthal was a lucky jew and he would
have had him killed a month before II Zelig
had not got in trouble.
! q. Did you tell anybody about tha,
conversation? A. I told several people.
.. Who were they? A. don't remember
=. Can't you name one person you told:
A. No, | cannot
Q. Did you tell any police ofrcial' A
No. sir.
q. Did you tell tho District Attorney.
ONCE? A. No.
Q. Who was present when Rose told you
this? 4. Nobody.
Q. You don't know the name Of single
person to whom you told that you hea rd
say that he would kill Rosenthal? A. No,
sir
O. Not one' A. No.
q. Now, isn't II a fact that the reason
you don't name anybody is because will
call them and they will contradict you?
MIR. McIntyre-we object
The Court-Overrued.
A. No.
The witness finally admitted he had told
O'Farrell
O. Did you know then that OFarrelI
-. O.
sir.
Q. Did you later know ~ A. did He
told me.
0The District Attorney had no better
success in learning. who was in front
of the Metropolis when Webber threat
ened to kill Rosenthal. The witness said
he had told dozens Of the Metropole
crowd.
"Give me single name?"
".Oh, you know who goes to the Metro
pole, said Smith,
Cnnr Recall One Name.
'Give me one name, two names, five
names?"
81 can't recall any Just now, | don't
want to give anybody away"
He was sure that the conversation with
Webber was about week before the
murder. Rosenthal had been standing
by, he said almost close enough to over
hear Webber say, IL hate Herman Rosen-
thai so much that it would give me great
beside tho body"
Smith was then excused and hurried
away. The impression left by his and
Pitts stories was that Rose and Webber
were very laxative to mere acquaint-
ances about their design to murder Rosen-
thai
Louis Smith, a notary, was called to
testify regarding his visit with Charles
Il. Pitt, Jr,, to Dora Giibert's house to
get an affidavit that Becker wanted for
the purpose OF Gaking public attack
with women. Pitt was not allowed to
answer the principal Questions addressed
to him. He testified only to tAs fact