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

Continted from FTst Pd0e
gins at 1890 A. NJ. tomorrow. Jus
lice seabury will instruct the Jury.
II Becker 10 convicted the basis for
an appeal will be Justice seabury's re-
fusal to permit Father Cashin, Warden
Clancy and Principal Keeper McInerny OF
Sing Sing TO testify that they heard Dago
Franks confession;
u never heard that Becker had any
thing to do with IT,"
The ruling that the men from Sing
Sing could not take the stand and that
the Jury must not hear the argument over
tho admissibility OF the testimony was
a decided setback for the defence. MIR.
Mahtons disappointment went so far as
10 and expression In a comment TO the
Justice that he believed the court was
in error. Manton studded the record Of
the argument with exceptions.
The defence contended that IT was
perfectly proper to receive the priest, the
warden and the keeper as witnesses and
permit them to tell the jury what they
heard one of the gunner say about
Becker because Mrs Rosenberg, Lefty
I,ouie's widow. and Shapiro. the chauf-
feur OF the murder car had been al
lowed to testify to what they heard the
gunner say concerning Becker. MIR.
Manton fought tenaciously to convince
the court that Dago Franks dying dec
larstion was admissible as II conspira-
tors contradiction OF the statements made
by coconspirators.
Rules Against Confession.
But Justice Seabury. holding that he
had no choice except TO follow the au-
thorities, decisions of the Court Of APP
pcals and the Appellate Division in stint
lar cases. explained the difference In law
between the testimony offered by Mrs.
Rosenberg and Shapiro on the one hand
and the testimony expected from Dsgo
Frank on the other.
lie said he had been willing to receive
from witnesses anything that the gunner
said about Becker before Rosenthal was
murdered; testimony tending to show
that Becker was conspirator: but that
he was obliged TO reject testimony as to
what the gunner said about Becker after
they had shot Essential.
II was pointed out later that the court
had not permitted shapiro to utter
syllable as TO anything the gunner may
have said to him about Becker while he
was speeding them from the Metropole
in his gray car. and that Mrs. Rosenberg
had not been allowed TO tell the jury
what Lefty Louie told her In Sing Sing
about Beckers guilt. The ruling was
taken TO be a measure of protection for
Becker himself, protection required by the
rules OF evidence and the presidents.
That's not the way counsel for the de-
fence looked at the matter. They would
have been willing to run all risks IL they
could have got from the lips OF Father
Cashin the statement that he heard Dago
Frank exonerate Becker. They would
have been pleased IL they could have go;
the priest in the witness chair-could
have placed him where the jury could
hear his name and calling and see that
he was ready TO deliver message help
full to Becker from the death house.
Sends Jury From Court Room.
But Justice Seabury wouldn't have II.
He let them place Principal Keeper Nc
Inerny on the stand. lie permitted Nc
Inerny to be sworn Then he stopped
proceedings, sent the jury out OF the room
and would not recall the twelve until the
episode was closed. Afterward. when II
was certain that he could not be called.
Father Cashin sat among the spectators,
In a chair near Mrs. Becker. He had
only this to say after court was adjourned
II much preferred not to testify.
was afraid the public might confuse my
official status with my priestly calling
and my position as being the one who
holds the sacred condolences OF SO many
unfortunates."
Except for the decision rejecting the
Dago Frank testimony tand even that
will be useful to the defence IL the worst
comes 10 the worst in the trial courO ii
IL hardly matter for dispute that Becker
had good day yesterday.
The members of Becker's strong arm
squad. Shepherd White and others, who
went raidng with him In Harlem on III,
night of June 81, 1912, swore that Mar
shall, the negro lad. lied when he testified
that Becker met Rose. Weber and Val
Ion that night at Seventh avenue and
124th street. sworo. in short, that the
famous Harlem conference WAS the stun
that dreams are made Of
One of them, Shepherd. told the jury
that he was with Lieut.. Becker every
minute from the time Becker left hit
home until long dtttf the rald ana una
Becker never saw or spoke TO the three
gamblers.
Contradict Mrs. RosentbaI Too.
Half dozen policemen also member
OF the strong arm squad commanded b!
Lieut.. Becker. testified In such litera
agrfement that Becker had no privat
talk with Mrs. Rosenthal on the night o
the raid on Rosenthal's gambling hous
that q report of the testimony of on
would come pretty nearly covering tn
testimony OF all.
Every policeman used the same word
in tesffying that when Mrs. Rosentha
asked Becker for a private talk he drew
himself up and said: Madam, whateve
YOU have got to say you can say here
that is, In the presence OF all OF the raid
ere.
Charles b. Pitts story that Becker. Il
the washroom OF the car that was takin
10 GhAN( IA G.NNI Ia