New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-05-21

comb av., where Becker lived at the time
Of the murder, testified that Becker had
asked him to discontinue his telephone at
the apartment switchboard the Sunday
before Rosenthal was shot. Rosenthai
was murdered early the following Tues
day morning. The testimony tended to
controvert that of Rose that he had called
Becker up from Times Square after the
murder. Roberts said Becker tod MN
Mrs Becker was i'll and he feared the
annoyance of reporters.
The argument on the admissbility OF
the Cirofici confession consumed some
time. When Keeper McInerny was called
as a witness Justice Seabury stoppeu
proceedings and excused the jury.
Mr.. Manton protested TO the jury be-
ing Withdrawn, and the justice said he
would note the exception of counsel.
Then the court informed Mr.. Manton that
the admissibilty Of such evidence was
very doubtful. lie said he would near
the argument and then decide whether or
not to have the jury recalled. MI. Man
ton insisted that it should appear In the
record that argument was made while the
jury was absent.
II desire TO submit to the court said
Mr.. Manton, that this is competent Tor
the reason that it establishes as dying
declaration the statement of one OF the
so-called conspirators who was jointly in
dicted with this defendant, statement
made very shortly before his death. That
statement is by conspra;or and there
fore admissible. II is also directly IN
conflict with the statement admitted by
the court from Shapiro. that Becker had
the cops fixed and the way was clear !
say that this testimony is admissible in
contradiction of Shaplro's statement
Justice Seabury ruled that the question
Is not open under the authorities.
IF 1t were open there might be two
sides OF the question" said Justice Sea-
bury. II think it is settled"
The court cited numerous decisions Of
the Appellate Division and the Court OF
Appeals in support of his contention.
Il am bound by the authorities" he
said.
Mr.. Manton Takes Exception.
Il suppose" persisted Mr.. Manton,
that there is no use in discussing the
distinction between the cases your honor
has cited and the case at bar?'
Il think the general principle is firmly
fixed" replied Justice Seabury.
Il except to your honors ruling" said
Mr.. Manton.
IF you want to make a record of it,
said the court. Il am perfectly willing To
allow you that latitude II you VISA to call
anybody else on this"
II DESIRE" said Mr.. Manton, ito call for
the same purpose Mr.. Clancy, warden of
Sing Sing. and rather Cashin, the priest
attached to Sing Sing, and sister OF
Dago frank Just to put 1t on the rec
ord l desire to call them for this de-
PENDANT"
The ruling is OF the same force and
effect as If these witnesses were now on
the witness stand and had been sworn"
said Justice Seabury.
Il feel that your honor has made an
error in that ruling" said Mr.. Manron
1T is a very serious thing You have
admitted. for example, the testimony Of
Mrs. Rosenberg. widow OF Lefty Louis"
Not for any such purpose" said Jus
tice Seabury. 81 have admitted the testi-
mony OF Mrs. Rosenberg for the purpose
Of testifying TO the conversation she
claims to have overheard (before the
murdeD between Rose and two OF the al
legged murderers. shapiro's testimony
was admitted as the testimony OF one
who had heard (before the murder) state
ments In furtherance OF the conspiracy.
and not for the purpose OF connecting the
defendan; with the alleged crime. There
is no testimony from Shapiro after the
murder. l have taken testimony as re-
CARDS occurrences and conversations I'D
TO the time OF the murder. but not after
Mr.. Manton id not press the argument
further. Keeper McInerny. who had &C.
cupied the witness stand during the argu-
ment, was excused. The attempt to get
the "Dago Franz confession In evidence
had signally failed.