New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-25
Calls Justice COTS Remarks One:-Sided,
While Mcintyre Terms Address
Highly Prejudicial.
PEOPLE RELY ON JACK" ROSE
His Story, Legally Conoborated, Is Sufficient to Justify
Verdict Of Guilty, Court Declares Charge
Was EmnentIy Fair. The State Is Salts
fed" Whitmans Comment

time for considering the crime, II shows
generalization. The law is very merciful,
and it demands that the evidence be plain.
The law says that IL sufficient time has
elapsed from the time OF the expression
OF the design to its elimination, the de-
PENDANT In that case may have put aside
his temptation. The law favors the de-
PENDANT.
It Is not necessary that | should COM
ment on the degree OF murder. IL Is TO be
shown that there were the elements OF de-
liberation and reconciliation, or the value
OF the same
The evidence shows that Becker in June
told Weber that he wanted Rosenthal
killed. RE followed that up by other con-
yersations that he wanted Weber to XIII
him.
That involves first. that Becker did ex-
press such a desire and give such instruc,,
tionS to Rose. and, second, that Rose ola
act on those Instructions
" il be true that Becker gave to Rose
such instructions, as are in evidences no
made Rose his tool, and whatever Rose
did he did as the agent Of Becker, and
Becker was the one responsible for the
acts Of Rose.
II matters not whether the actors in
the crime wore selected by Becker, or
he knew or had any knowledge Of them.
But II you are satisfied that the men
were hired by Rose at Becker's instruc-
tons to kill ROsenthal you must so Ind.
The case Of the state is based on three
premses
First. that Becker told Rose that he
wanted TO have Rosenthal killed: sec
ond. that Rose employed men to do the
killing; third, that those men did the
killing.
on these three propositions rests the
prosecution. II IL immaterial to you what
opinion Of the guilt or innocence Of the
defendant has been formed by judge or
counsel You must decide upon the facts
upon the evidence submitted 10 you.
Gives Skeleton Of Evidence.
Saying that in view Of the length Of this
TRIAL and the great amount OF testimony
he would relate to the jury a skeleton OF
the evidence, Justice Goff started by tell
ing OF Beckers position at the head Of
the strong arm" squad his dealing with
Rosenthal and the meeting OF Becker and
Rose and Rosenthal and his wife at the
Elks' Club on New Years Eve, and the
subsequent mortgage transaction.
I'm March Commissioner Waldo asked
Becker II he was working with Jack
Rose" Justice Con went on. ION March
IS Becker reported to the Commissioner
he knew Rose, who was a valuable col
lector OF information but did not know
Rosenthal was running a gambling house
on March 80 the Commissioner received a
letter from the Mayor asking that the re-
port OF Becker's being associated with
RosenthaIs gambling house. in 46th street
he Investigated"
Continuing, Justice Con took up the his
tory Of the alleged relation Of Rosenthal
and Becker In the 45th street place and
the relations Of Rose and the two men,
Justice Cor then recalled the testimony
Of Max Margolis that Becker had ordered
a frame up" affidavit IL evidence could
not be obtained and the subsequent raid
on Roscnthars house and the meetings
OF Becker and Rose at the Union Square
Hotel
Justice Gon recalled the complaints
against Becker at Police Headquarters
and Becker's orders to Rose. when Becker
told Rose that Rosenthal was trying TO get
10 the newspapers. Later. Justice Con
said, Becker told Rose that THE World"
had used an affidavit from Rosenthal
about Beckers alleged association with
the 45th street place, and Of Becker's tell
ing Rose that Rosenthal had tried TO see
the Mayor and Waldo, and was then try
ing to get to the District Attorney.