The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-05-21


q. Then did | ask you "Do you know"
and did you answer. - did not have any
watch" A. Yes, sir. l remember that.
.. Well which is true, that he was not
cut Of your sight more than Ave minutes.
or that he was out of your sight more than
twenty minutes. A. He was out OF my
sight more than five minutes.
Admits Reading Trial Record.
Then the District Attorney swung TO
Hawley's testimony as regards his alleged
telephone conversation with Becker half
an hour after the murder Mr.. whitman
called attention to the singular fidelity ms
regards Verbiage of Hawley's testimony In
this trial to Hawley's testimony In the for
mer trial Pressed as to the reason Tor
this word for word agreement, Hawley adj
mitted that he had read the record OF the
first trial several times. lie denied that
he ne had committed the record to
memory
"Do you know that you have not varied
word from your testimony at the last
hearing" asked Mr.. Whitman.
Mr. Manton lcaped to his witnesses aid
and saved Hawley from having to answer
the question. Whitman went on merci-
lessly. demanding TO know why iawley
hadn't told his newspaper the very morn
ing the murder occurred about the CIR
oumstances he was testifying TO
". 1Ou tlu MOI give lthN fNOIg W any
newspaper? A. No.
q. You did not come 10 the District At
torney with this story. did you? A No.
q. And the reason YOU did not 70 TO the
District Attorney was that you didn't
think II was important? This was Haw-
leys explanation In the former trial) A.
Because ala not want to be indicted.
Mr. Whitman extracted contradiction
after contradiction from Hawley, who
seemed to be greatly furried, nervous and
worried. Finally Mr. Whitman told Haw-
ley In effect that he was a liar.
q Hawley, We're YOU at the station
house at ali? A Yes.
@ You honestly were7 A spoke to
you there that night
Hawley Uncertain About Details.
Hawley attempted to account for
Becker's movements in and near the West
Forty-seventh street station house. but
MIR Whitman made him admit that
Becker was often out Of his sight for con-
siderable periods Hawley couldn't give
straight account Of the District Attor-
ney's presence at the station house that
night. although he testified that he was a
reporter looking for news. Hawley also
got mixed as to what he had told the
city editor soon after the murder.
Former Police Commissioner Douglas i.
Mckay, deputy in 1912. was the next
witness and testified that Becker spoke 70
him in July. 1912. about getting permit
from the Police Department TO bring a
libel suit. MIR Mckay was not permitted
on direct examination to answer as to
whether or not the permission was
granted but on CrOss-eXamination was
allowed to say that the permit was APP
proved. But he had sent for Becker. he
said. after the Rosenthal accusations APP
peared in the newspapers.
I'd Hughes
who headed the detective bureau at the
time Of the murder OF Rosenthal, described
hnppenings in the station house after the
hody of Rosenthal had been taken there
He saw and spoke TO Lieut.. Becker.
Il asked him II he had seen the body
and he said No said Inspector Hughes
II said. Let us go in and look at II, and
we walked into the back room 70 where
the body was lying and II was covered
with a cloth OF some description. ana
had one of the patrolmen remove the ciotr
and as looked at the body | sald 70
Becker Whoever done him certainly done
him good. didn't they and he said Yes
We saws T am sorry he says Y wish he
had lived until tomorrow l atterwaro
saw Mr.. Whitman and told him all THIS
Hint. mt Something Held Back.
Assistant District Attorney Delehanty
cross examining Inspector Hughes de
mnnded something which, he intimated
Hughes was Withholding or suppressinR'
mart OF the conversation with Becker over
th, body OF Rosenthal Mr. Delehant,
intinlated that Hughes had to'u tne Dis
trict Attorney more than he was now tell
| ing the Jury. Hughes said he couldn'
remember any more.
| Thomas T. Mclnerny. principal Keeper
| OF Sing Sing prison, was called anu nv
arrival precipitated the most interesting
| feature OF the days trial-the arguInen
| as to whether or not testimony iron
| rather Cashin Warden Clancy and Prin
| cipaa Keeper McInerny AZ to Dago Frank
| confession Tin which the gunman Is al
| lcr.d 10 have exonerated Becker) was ad
| Missile as evidence. The instant NC
| Jnerny was called Mr. Whitman walke'
| 10 the bench and conferred with justice
| Seabury In tones inaudible ie" rec
| away. The Justice turned 10 the Jury
| disreRardinc Mr.. Manton's gestures.
| "Gentlemen OF the jury said the cour'
| eft IN desired to hear counsel relative U
matters which present question OF Ia"
I will therefore ask you to retire for
few moments" 4,
| Manton, keeping his voice down bu
showing an angry face, protested
II respectfully object To the jury penn
re,Ired." he said. Eat any time durlnI
| IN. course OF the trial that there is
discussion of facts"
The Court win note your exception
clerk Penny-The Jurors will pleas
retire.
Justice Seahury's action was bos
| TO the hopes OF the lawyers Tor the de
| fence that they could at least impress
the jury by bringing the priest and war
den of Sing Sing into the court room
even II the priest and the head OF IN