Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-05-20
SEADURY RULES
OUT CONFESSION
OF '4DAGO" FRANK
Becker Defense Gets Hard Jolt
When "Exoneration" of Ac-
cused Is Barred.
JURYMEN FILE OUT
AS WITNESS TESTIFIES
Becker at Odds With His Law
yer in Wish to Go on
Stand Himself.
Especial to the Evening star.I

Becker defense against the charge
of mu aering Herman Rosenthal re-
ceived a staggering blow today when
Supreme Court Justice Seabury ex-
cluded from the case evidence to show
/ that "Dago Frank" Cirofici, one of
the actual killers, exonerated Becker
of completely so far as he knew an
hour before he died in the electric
chair.
This crisis in the defense came
when Becker's counsel called Thomas
F. McInernery, principal keeper of
Sing Sing prison, to the witness chair.
McInernery, with Warden Clancy and
Prison Chaplain Father Cashion,
heard "Dago Franks" confession.
When the prison official was sworn
jury. The twelve men filed out of the
court and Manton started a hard
fight to get the testimony in.
District Attorney Whitman made
few remarks, but Justice Seabury, on
questions of law, ruled against Becker
on every point
Manton, however, was allowed to
question McInerney and bring out the
! central facts that they might be en-
tered on the records for the pur-
poses of appeal.
witnesses for the Defense.
OF the seven witnesses presented
yesterday for Becker six were either
utterly discredited or gave evidence
that was at least as valuable to the
prosecution as to the defense. Jack
Sullivan, the defense's first and star
witness, was branded as a white
SLAYER by Whitman. He was torn to
pieces. His coarse, profane ferocity
on the stand killed the value of his
story of plot against Becker's life.
Isador Fishman,A second witness,
Jared even verse. He was shown up
as probably fraudulent bankrupt,
who forced his own wife to the
streets and beat her face into an un-
recognizable mass when the earnings
of her shame fell below his hopes.
Morris Beecher, Sd. lawyer,
was forced to admit failure of his
duty on the stand; and was threat
ened with disbarment. Ross Whitock
and Richard Rooney. reporters, gave
unexpected testimony inimical to
Becker.
Becker himself is manifesting more
apprehension, more nervousness than
he ever displayed. 1t is becoming
harder and harder for his counsel to
control the policy of the defense,
more and more difficult to hold
Becker back from testifying in his
own defense.
Wants to Go on Stand.
He is arguing that it will be a
fatal error to keep him off the stand.
Here is what he told his brother,
Lieutenant John Becker, yesterday:
81 want to testify. 1t is always
haH for CON IN fana
aminer because a lot of things he
wasn't really to blame for can be
twisted against him; but / want to
tell the jury the truth about some
rats. | want to tell the jury that ]
worked hard to keep people off of
Rosenthal-warned them that | would
be blamed If anybody even slapped
Rosenthafs face. | can make the
jury see / wasn't a big enough damn
fool to deliberately get myself in
murder What could Rosenthal have
done to me, anyway?
In this mood he is hard for Manton
to handle. Manton keeps telling him
that the evidence against him isn't
strong enough to warrant risking
Mr. VIII tman's savage cross exam ma
ton, but Becker is still unconvinced.
The lawyers thought on Monday
night that they had him pacified but
yesterday he was at them again and
insisted on a conference last night in
which he renewed his demands to be
called.
Once more the conference produced
nothing decisive. All the lawyers
were able to do was to persuade
Becker that he must not testify "at
present. Mr.. Manton said last night
that the ex gencies of the case may
put Becker on the stand later.
Defense May End Friday.
So much progress was made in pre-
senting the defense as to warrant thS
guess that the thirty witnesses win
have told their stories by Friday
night.
Seven were examined and cross
examined yesterday and from these
Mr.. Manton sought to establish his
cardinal points:
That Rose, Webber, Vallon and
Schepps knew Becker was innocent,
told their callers so in the West Side
prison, and to cover themselves wove
the most elaborate fabric of perjury
that was ever spread out in a GRIM
inal proceeding.
That Beckers every word and aat
on the night of the murder-before
and after the killing of Rosenthal-
was proof enough to any reasoning
man that his conscience was clear and
that he was genuinely surprised when
he got word over the phone that Ros-
enthal had been shot.
That he could not have been in
Forty-second street at $3.50 a. m. with
Rose and Webber giving directions
about the pay and the fight of the
guninen, because at that time, as well
as before and after, he was in COM
pany with a young man who gives
him a positive abb.
That Webber admitted after the
| first trial that it was never meant to
| kill .Rosenthal. but that the gunmen
got drunk and spoiled the plan to
scare the informing gambler.
The testimony was obtained from
Jack sullivan. the defense's star wit
ness; Isldor Fischman. who was a
fr end of Webber: Morris M. Beecher,
a. lawyer acquainted with all hands;
Ross Whytock and Richard H. Roo
ney reporters for evening newspa-
pers; Charles Reich, Jack Sullivan's
brother, and Frederick H. Hawiey.
who was a reporter on an evening
newspaper until after his testimony
in the FIRST Becker trial.