The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-10-08

itulel. No hepC Cho oVenogTdpner eAud
bury entering exceptions to the Justices
decisions. The questions OF neither Of
the principal attorneys indicated that
race or religion will play part in selecting
the Jury. Mr.. Whitman was particular,
however, IN asking talesmen IL they be-
longed TO any secret order or society.
The first days session was q measure
Of the public interest in the trial OF a
police officer accused by gamblers OF
ordering a murder to conceal his grating.
Attracted by the presence OF not only
Lieut.. Becker but Of the six others ac-
cused as principals in the murder, Lefty
Louie Rosenberg. Gyp the Blood Horo-
witz. Whitley Lewis (Muller), Dago Frank
Cirofici, William Shapiro and Jack Sullivan,
a crowd flowed toward the Criminal
Branch OF the Supreme Court in the Crimi-
nal Courts Building in Centre street
and taxed the good nature Of policemen
and court attendants. There was. how
ever. no disorder.
The authority OF Justice Goff. reaching
through the corridors. checked turbu-
Ience. There was one unpleasant Incl
dent in the streets OF which the Justice
himself was the victim On his way to
luncheon he was pursued and badgered
by company of leaping, shouting photoR-
s&aphers. One of these would have been
+, arrested If Justice Goff could have laid
pof these photographers have no con-
! oection with newspapers. the Justice
contemplated writing a letter to the
iPolice Commissioner asking for efficient
Y protection of witnesses and others who
stesent-having their pictures taken.
n Grand Jurors Selected.
H.-AS- S... ~SxS. a-ux ,.,,,.c
SRf the extraordinary term of the Supreme
y Court was the selection Of Grand Jury
Thioh will investigate all phases Of the
Rosenthal case. Twenty-one were OBJ
,tained from the panel Of fifty. The fore
sstnan IL Thomas G. Wood OF COL Lexington
avenue, whose place Of business is at 81
New street. Among the members of the
I Grand Jury Is Jesse l. Straus. a son of
Usidor Stra,is. who was lost In the Titanic
:disaster.
EHsraus. Progressive candidate for Gov
ernor. Mr.. Straus is partner in r. II.
l Macy 4 Co. Others Of the Grand Jury
are Charles de l.. Oelrichs of 772 Park
Eavenue and Rowland Holt. publisher.
IA. NJ the Ora Grand jury panel Of fifty 1T was was
SQaIled immediately and District Attorney
Whitman took up at once discrimination
fto determine the fitness OF talesmen for
Aeervice: The process OF selection, was
Zone reason or another. but little before
81 P.> NJ. twenty:one had been chosen
4ffom the forty-six present. 1t may be
That the. court can complete the Grand
Jury from those absent yesterday. The
SsfulI number allowed by law Ia twenty
: three, but twenty-one is legal number
{ The jurors were dismissed until Octo-
! ber 2i.
II was exactly lo2 P. NJ. when Clerk
Penny called the case of Lieut.. Charles
all e h. xlnf, Il
ordered to the bar. The court room was
very quiet as the heavy bodied. heavy
jawed lieutenant came up side aisle
leading the procession Of indicted men.
He was dressed entirely in black. even
to the four-in-hand scarf worn in the
low collar that exposed his full muscular
neck. His clothes were neatly pressed
He had been shaved in the morning
There was. outwardly. no marked change
from the Becker who was arrested and
taken to the Tombs on the night of July 20
A certain grimness of expression and
immobility of face characterized him as
formerly. He approached the railing
erectly and with long strides. throwing
g!ances this way and that over the crowd,
His glances found the person he sought.
his wife. who sat well forward. He smiled
slightly. nodded just perceptibly and
passed on and she waved smilingly.
Other Accused Men Follow.
The others in the train Of accused
murderers followed closely, shuff1ing
their feet Jack sullivan. thinned by
confinement. distributed grins and carried
himself with an air. shapiro. next in
line, regarded the crowd gloomily. The
four gangsters drooped their shoulders
shot sideong glances and appeared to
be more at ease when their hands finally
clasped the rail.
Mr.. Mcintyre got mp In Becker's de-
fence from the group OF Becker counsel
and tested the District Attorneys purpose
by inquirng whether or not there was "A
motion that Becker he tried separately
Mr.. Whitman. who appeared with Assist
ant District Attorney Frank Moss. his
principal aid in the trial. and Deputy
Assistant District Attorneys Rubin and
Colman. replied that Becker's separate
trial was first in order. Mr.. Mcintyre,
whose aim, il appeared, was to have the
trial Of at least one other defendant.
preferably Jack Sullivan. COUPLED with
Becker's. objected vigorously. but Justice
Goff granted the District Attorneys
motion.
Then Mr.. Mcintyre tried TO get delay
Of week on the ground that John W
Hart, his principal associate. was too i'll
60 appear III court for at least that long
Mr.. Hart. he argued had been gathering
facts which were solely in his possession
and without him the defence would ba
seriously handicapped. Mr. Hart became
Ill last Saturday and the illness had taken
q serious turn. so much 80 that the lawyer
was in bed, Mr.. Mcintyre offered "A doc
tors certificate and his own affidavit. He
said that Hart's presence in court was
particularly desired because Hart had
been making up the records Of talesmen
The District Attorney didn't question
che good faith of the motion for DELAY,
but he called attention TO the fact that
all Of the witnesses were ready and he
saw no reason for putting Off the trial
Justice Gofr, leaning slightly forward so
as to survey the three Becker counsel at
the table. said gently:
How many counsel are retained by the
defendant"
"There are four" replied Mr.. Mcintyre
Mr. Hart, Mr.. George W. Whiteside Mr.
Lloyd Stryker and myself"
-You," said the Justice. with the faintest
Of smiles. "are host in yourself, Mr.
Mcintyre"
Bcckers chief counsel poured forth
complaint and objection. Loudly and
with swinging arms he maintained that
his client could not get fair trial under
such conditions. Circumstances had
arisen. he protested. which would deprive
Lieut.. Becker of fair trial He was
stopped abruptly by the Justice, but his
heavy voice overrode Justice Colts mild
tones
'Will Won irdlllpe mo for an instant