Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-05-21
BECKER DEFENSE
AND PROSECUTION
BOTH REST CASE
Fate of Accused in the Hands
of Jury by Noon To-
morrow.
MANTON STARTS SUMMING
UP FOR THE DEFENDANT
Each Side Calls Only One Wit
ness During the Morn
ing Session.
Especial to the Evening star.l

NEW YORK, May 21.-The case
against Charles MeclSer for the mur-
der of Herman Rosenthal gambler,
will go to the jury tomorrow at noon.
After a few minutes testimony both
sides in the case rested today at
11:17, and Justice Seabury, after
warning the jurors, adjourned court
until o'clock this afternoon.
Hartford Marshall, one of Becker's
lawyers, was the last witness called
for the defense. He briefly denied
that "Bridgie" Webber the informer,
dismissed him as counsel, because
Webber found out he was then in
Becker's pay.
The prosecution called only one
witness in rebuttal.
Martin Manton, Becker's chief
counsel, will start summing up the
evidence for the defense this after
noon. District Attorney Whitman
VIII begin to sum up for the State at
8 o'clock tonight, and will continue
until the contentious of the prosecu-
ton are established, no matter what
time Is occupied.
Justice Seabury will charge the
Jury, beginning at the usual court
huul Tomorrow. No intiInation was
given as to the length of time he will
consume, but Ii is believed certain
Becker's fate will lie in the hands OF
the jury by noon.
Rigorous orders by Justice Seabury
prevented such crush in court to-
day as marked yesterdays hearing.
Becker looked haggard. So did his
fo a II
court she looked constantly down,
while James Whitney one of Becker's
strong arm squad, sat at her right
and spoke carelessly into her ear.
The first witness today was Hartford
r. Marshall, of Becker's counsel He
said he formerly was counsel for
"Bridgie" Weber, the gambler-in-
former, but withdrew.
Weber swore he discharged Mar
shall because he found out he was
also in Becker's pay In cross-ex-
animation Whitman drew out the
fact that Marshall also was couIssel
for Jacob Reich, alias Jack Sullivan,
Becker's star witness and for Sam
Paul, one of the gamblers who the
defense intimates were behind the
aseassinata on of Rosenthal. Then
the defense rested.
Mathew Ryan, keeper in the Tombs,
was called by Whitman to testify to
rebuttal.
Mr.. Manton gave out last night
statement of the reasons which per-
suaded the defense to withhold Beck
ers own story. The statement is as
follows:
"Becker will not take the stand
"As the case now stands there is
nothing he can do but deny the tes-
timony of three confessed murderers
and an admitted perjurer. The sub
stance of this testimony is words,
words and words. 1t would be super
auous to deny it, as his plea of not
yuilty is denial enough.
"If he took the stand issues which
are foreign to the question of whether
or net he is guilty of the murder of
Herman Rosenthal might creep into
Athe case mislead the jury and, in
etead of affording help to the admin
astration of Justice, hinder it.
"It is to affront human intelligence
to ask to have the statements of
self-confessed perjurers denied by an
innocent man. There is no improve
ment over the testimony offered at
the last trial, which was so vigorously
condemned by the Court of Appeals,
which referred to the same witnesses
as confessed murderers and admitted
"perjurers who care no more for their
oaths than for the blowing of the
wind
The final decision was not reached
until w. Bourke Cochran entered the
conference last night and persuaded
Becker that it would be folly to risk
Whitman's cross examination Beck
er was told that it was better to
chance the unfayerable impression
created by his silence than to give
the district attorney opportunity to
try to show that exposure of grating
was the murder motive.