Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-10-18

man Rosenthal. the motive that the
source of the large amounts of money
he has in banks in this city would be
disclosed. We therefore hold that this
testimony is material"
Mr.. Mcintyre rejoined that the district
attorney was trying to put into the minds
of the jury the impression that Becker
was guilty of extortion through the in
strumentality of Rose. THAT is a sep
arate crime" Mr., Mcintyre continued.
Becker is not indicted for bribery, ex-
tortion or oppression. He is here simply
on an Indictment for murder"
THE effort made by the district at
torney.'' Mr. Mcintyre continued. .to
inquire into the bank accounts of the
defendant and his wife is not to prove
that he is charged with murder. but
that he unlawfully took sums of mon
ey to which he was not entitled If he
was taking money from gamblers can
it be said that the money came from
Rosenthal? If It came from gamblers
other than Rosenthal. can it be said
that the taking Of money from them
was a motive for killing Rosenthal?
THE prosecution must show that
this money came from Rosenthal that
Rosenthal knew Becker had such sums
of money in the banks and that Beck
er knew he knew it, before this evil
dence becomes competent in this
ca Sc"
Mr.. Mcintyre quoted from the Mol-
neux murder case.
1.-The state has got to show that
Becker feared an expose of these
bank accounts from Rosenthal," he
continued. THE Introduction of this
testimony may so prejudice the jury
that the defendant may not be granted
a fair trial. When man is arraigned
at the bar under our Anglo Saxon jul
risprudence he can be tried for but
one crime, the crime for which he is
charged in the Indictment If there is
doubt in your honor's mind on the
question. your honor ought to decide
in favor of the defendant. for your
honor must realize that this testi-
mony might condemn him in the eyes
of the jury
Mr. Moss pointed out, in reply. that
the case was dependent on cireum-
stantial evidence and claimed that it
was not necessary to prove the mo-
tives suggested by Mr.. Mcintyre. The
court, however, sustained Mr.. Mcln-
tyres objection.
1T is always competent to prove a
motive said Justice Golf, in case
of cireumstantial evidence. The erux
of the question is as TO whether Kos
enthal had knowledge of the defend
ants bank account. No evidence has
been introduced to prove that such
was the case.
Mr. Bentien was then excused and
Jack Rose was recalled TO the stand.
Mr.. Moss explained to the court that
the witness had testified on previous
examination that he was a collector
| for Becker and that he now wished
to ask Rose What he collected for
| Becker"
by oversight" Mr.. Moss explained,
"the question was not asked when
Rose was on the stand before"
Mr.. Mcintyre entered an objection ana
| the court sustained him, but instructed
Mr. Moss that he could ask the witness
as to his business relations with the de-
PENDANT"
This did not satisfy Mr.. Moss and Rose
was excused.
A short recess was taken, at the end
of which Justice Golf. without motion
from counsel ordered stricken from the
record the testimony relating to Becker
salary.
The Defence Opens.
The state here rested its case ana MI.
MCINTYRE said that since the trlai hao
started new evidence had been optaiheu
Inv the defence. He asked TO have Nor
ris Luban recalled.
II want to show that he is a convict
he said.
Mr.. Moss objected to recalling Lnpan.
eThe defence has closed its cross-eA-
animation" Mr.. Moss said
you can prove in your defence the
court directed, what you wish 10 prove
about Luban.
Mr. MCINTYRE made the usual formal
motion to have the case dismissed on the
ground that it was not proven, that only
alleged accomplices of the Defendant hau
given their testimony with slight cor
roboration, and that such evidence was
not competent to secure cohN'oo"
This motion was denied.
Mr. Mcintyre then asked the court 10
adjourn the case till tomorrow afternoon
in order to give additional time 10 the
defence. Justice Golf replied that ne
would adjourn court at once, put oi'is
till the usual morning hour.
"There Is no need to argue, he said as
Mr. Mcintyre arose. Il nave maoe up
my mind
It was 4.S0 o'clock when court was de-