Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-10-11
Becker Trial Witness Says He
Saw Lewis Fire.
CANNOT IDENTIFY OTHERS
Testifes to Seeing Three Men With
Revolvers.
CHAUFFEUR RYAN UNCERTAIN
Unable to Swear Any of Four Gun
men in Court Was Rosen-
thai Slayer.

NEW YORK, October 11.-Thomas
Ryan. a chauffeur and eyewitness of the
murder. was the first witness called to-
day at the trial of Lieut.. Becker. charged
with the murder of Herman Rosenthal.
His appearance was a surprise to the de-
Tense. for his name had not previously
figured in the case. According to Ryan
story. only one man fired the shot that
killed Rosenthal
Did you not say yesterday in the pres
ence of Officer File. when those four men
charged with the murder were brought 10
the bar. that the man called .Wmtey
Lewis fired the ShOt?' asked Assistant
District Attorney Moss.
Il object to what he said YESTERDAY.
interposed Mr.. Mcintyre, counsel for the
defense
Sustained ruled Justice Golf
DO you think you could remember
him if you saw him again.?
Il don't believe L could mumbled tine
witness
Here Justice Golf took hand in the
questioning and put the witness through
a severe examination. The chauffeur ap-
peared reluctant to testify and his an
swers We're inaudibe
Did you not say Yesterday you nao
seen this man in court?' resumed Mr..
Moss.
Question Is Allowed.
This time Justice Golf allowed the
question.
Il said / thought l knew the man,
but did not know his name" answered
the witness.
The four gunner sWere then brought
into court and the witness was asked to
pick out the man who fired the shot.
WHO did you refer to of these four
menu asked Moss.
Ryan appeared frightened. 81 didn't
refer to anybody he declared, shifting
his eyes quickly over the four men.
Didn't you tell the assistant district
attorney in the prison yesterday, when
you were asked to identify the man. that
you were afraid to put your hands on
him." pursued Mr.. Moss
Il was afraid to because l might put
my hand on the wrong man" answered
Ryan in weak voice.
Can you swear interrupted Justice
Golf, that any one of these four men
fired the shot? Look at the prisoners"
Witness Is Nervous.
Ryan gave a feeting look at the four
Every one of the gunner was cycling
him.
Il cannot" he replied in a trembling
voice. He was then allowed to go. Ryan
was followed on the stand by Giovanni
Stanich. also an eyewitness. Stanlch Is
an Austrian. and gave his testimony
through an Interpreter.
The witness saw three men with reFOi-
vers, but was not sure whether more than
one fired at Rosenthal. Again the four
We're brought into court. this time in the
face of objections by the defense. which
We're overruled.
Stanich left the witness stand and with
out hesitation picked out Whitley Lewis
as one of the three he had seen. He was
unable to identify the others, but swore
81. III rnd nf hn
Krause First Witness.
The taking Of testimony was begun
yesterday afternoon and Louis krause,
a Hungarian waiter was the star witness.
He was called by the state as an eye
witness of the murder. and identified in
the courtroom "Gyp the Blood. Lefty
Louie and Whitley Lewis" as the actual
slayers of the gambler. AS to Dago
Frank. the fourth of the gunner indict-
ed for the murder Krause was not GER
tain, but he positively identified Jack Sui
livan one of Becker's alleged tools as
the man who bent over RosenthaIs dead
body as it lay on the sidewalk In front
of the Hotel MetropOle.
Although John F. MCINTYRE, counsel
for the defense spent two full hours of
cross-examination the waiter tenaciously
stuck to his story.
SuStice GOh himself fnally stopped the
lawyers questions.
81 do not think it is conducive to the
interests of justice further to examine
this witness declared the justice. Il
will permit no further questions, and dis
charge the witness.
Waiter Gives Testimony.
The waiter was called after two police
men and the coroner's physician had es-
tablished the fact Of the gamblers death.
He told of having been attracted on
AID street about o'clock on the morn
ing of July III, the day of the murder,
the street" In one group, he said. he saw
'BridSie' Weber, and in another the
three gunner, who were standing near
a touring car
Fl saw a man come out of the Metro
pole and give a signal said the witness.
lie raised his hand. Another man came
out of the hotel right after this one, and
then four men CROSSED the street from
the automobile. At least three of them
had revolvers and fired.
while Rosenthal was lying on the |
sidewalk | saw Jack Sullivan bend over |
him Sullivan looked up and smiled at
the other men,"
The four gunner and Sullivan were
then brought into court. krause. who |
later testified that he has received letters |
threatening his life, and who ever since |
he testified before the grand jury has |
been guarded by "A detective. walked over |
to the par wnerc the prisoners were |
lined up
Identifies Men.
THAT is Lefty Louie" said Krause |
touching. the guDman on the shoulder |
Successfully, he identified the other pris- |
oners, with the exception of "Dago
Frank" and met their angry glares with
out flnching. 81
Then Mr.. Mcintyre began his cross-exe
animation.
DO you remember saying to Henry
Shea a special officer. that you did not |
see a single person WHO did the MURDER
asked Mr.. Mcintyre.
II did not.
"YOlI say YOU saw three men whom
YOU thought did the shoOting?"
mo, three men who did the shooting
corrected the witness
when you say you saw these three
men I'm the group near the touring car" |
thundered the lawyer. don't YOU know
that you are committing deliberate |
perjury?
Il do not" replied the waiter
The two bullets which killed Rosenthal
were produced in court yesterday by the
coroner's physician, together with a frag-
ment of Rosenthal's jawbone, driven by |
one of the bullets into the gamblers
BRAIN.
COUPE COMING BACK.