New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-04
Two Said to Have RetraCted
Testimony at RosenthaI
Murder Trial.
WHITMAN READY
TO COMBAT MOVE
Fully Prepared, II Is Reported, to
Fill Breach with Additional
Evidence.

Information reached the District At
torney's Office yesterday that two or
more of the witnesses against Charles
Becker at his trial for the murder OF
Herman Rosenthal had made aff1davits
repudating parts of their testimony.
District Attorney Whitman refused 10
discuss the subject, but from other
sources it was learned that Morris Luz
ban, who corroborated Bald Jack
Roses story and identified three of the
gunner. as an eyewitness to the shoot
ing, and Max Margolis. whose testimony
supported the states theory OF Becker's
fake" raids on Rosenthals gambling
house, were two OF the witnesses men
toned.
II is understood that the District At
torney is not worrying about the atti-
tude Of these or other witnesses. The
prosecutors case against Becker for his
second trial is said to be as strong, II
not stronger. without their testimony.
Other witnesses are expected to flll the
breach. Luban testified that he over
heard a conversation between Becker and
Rose at the Lafayette Baths few days
before the murder in which Becker told
Rose that II he didn't hurry up and
make away with Rosenthal he. Becker.
would kill the gambler himself.
The District Attorney has found in
Jacob l.. Goldman, an East Side sales
man. q witness who swears that he was
in the Lafayette Baths at the same time
and heard substantially the same CONVEX
sation between Becker and Rose Repre-
sentatives OF the District Attorney have
checked up Goldman's story. 1t was said.
and believe that he will make more
credible witness for the people than
Iuban. If Luban appears for the defence.
Furthermore, afdavits are In the hands
Of the District Attorney. made by Luoan
and Margolis long after the trial or
Becker, in which they swear that the tes-
tinony they gave against Becker was
true. These afiidavits were obtained at
the time Becker was preparing 10 move
for n new trial
Information is said to have reached the
District Attorney at that time that there
was g. possibility OF contradictory affi-
davits' by these witnesses being used in
connection with the motion for new
trial They did not materialize, however.
Iuban was q witness referred TO by the
Court of Appeals in its decision granting
Becker a new trial in the following
terms:
"One Of them, Luban, was produced FOR
the purposes of the trial by the criminal
authorities OF q neighboring state tNew
Jersey), where no was confined In jail
before going on the stand this witness IN
a manner which we cannot but regard as
suggestive, was given an opportunity Tor
a conference with Rose"
Referring to Luban and another VIII
ness. Hallen, the court continued: IN
addition to the impeachment OF their EVIL
dence furnished by their character and
by the direct contradiction of other wit
nesses. much of the testimony Of these
men is, as II seems 10 us, inherently I'M
probable and unworthy OF belief"
Governor Glynn will reprieve the four
gunner on Wednesday. 1T was said yes
terday. until after the Becker trial DIS
trict Attorney Whitman and Justice Con,
who presided at the mems trial, opposed
the reprieve in their letters TO the GoV-
ernor. Jacob Rosenberg, father OF Leity
Ionic" made a personal appeal 10 tne
Governor Yesterday for the reprieVe:, lie
and sI city Louies" young VIE VIII re-
turn TO Albany on Monday with petl,
tion for a reprieve signed by seVerai
thousand persons.