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

1 prison were not TO be allowed to utter a
word. The idea was good strategy. IL
was meant to show the jury that the
| men who had been with the gumen in
the gunmens last hours were there OBJ
| yiously to say a good word for Becker
| But the strategy was lost when the jury
men were sent from the room and not
| even permitted to have glimpse OF
Father Cashin or Warden Clancy.
The Justice informed Mr. Manton that
| the admissbility or such evidence was
| very doubtful. lie would hear argument
| and decide whether or not he would have
| the Jury recalled. Msnton replied that
| he would like to have II appear In the
| record that argument was made In the
absence OF the jury. and that the de-
fence believed that the jury should have
| the right TO hear certain questions.
| Justice Seabury said that the court
would not permit the jury to be present
until the competency of the evidence had
been determined. Mr.. Manton argued
and fenced. but the court was firm.
II desire to submit to the court" Mr..
Manton began in his argument, that this
| is competent for the reason that II es-
tablishes as a dying declaration u state
ment Of one OF the so-called conspirators
who was Jointly indicted with this de
| PENDANT n statement made very shortly
before his death.
THAT statement In by q conspirator
/
| raN,,,. In cora,rt with the statem.nt ad-
reo,y ~ oV ,u w." Few, SSan,ro ,ha,
-, "a ,no CONS axed and ,ha, IN,
| way was clear ! say that this testi-
| -, +. aIn,Issihls in contradiction of
mony auls !" VI
( """p''
More Except,ons for Appesl.
Ihe question no. opsn u.uo' . ,,s
authorities, ruieu Jus,I,s seaouiy' ~
to the question J think " Is settled.
darIs,o,s nv the Appel,ate Division and
| tn Court Of Appeals.1 I am bound BY
.haso an,bori,Ies"
"r sunnose" nersisted Mr. Nanton.
| ",ba, ,bsro ia no use In discussing the
| dts,Inc,ion betw.en the cases your Honor
| 80 ,t,ad snd ,ha case n, the bar?'
',r ,ttTL Tho General nrinciple IL firmly
| a.. - na,n,,ah tha rour,
80 ,,an,a,,r ,xc.nt 70 Your Honor,
IT,,
'" tre' c,., =, go, yan, ,o rraks
~ =, ~, an, narfec,,v willing 10
49,, 81, w., ia,,,,,da ~ YOU wish 10
III a,,,hna,, als. ON mi.
can ahyoouy eiss Oh ms Sss,ro ~ con ,o-
go ,',rnoss NJ clancy the warden
u,o e ~ st.nn. Eather cashin the
y. s,"s ,,a,s.d 90 Strc SIM and a sls,er
! 80 ,, -, 80, e. ,u, 4, on thu
d.aT desIra 70 caii them for this de-
$3.50
r,' rha rr,i,g Ia n, Tho same
ING oo Wv. -, IS ,h.se w,,n.sses
cou'. a'' ~ .,,,rsss s,and ana had
-. .,,o-r
peen sw1rn, ,s., ,ho, ,,o,r t,oror
- Nv, or,or in thai r,linp II is
naH ,ri,,,. ,nim, yo,, have admitted
Ners serious S" ,s.,,,,ar,. 80 Ms Roser'
,oI cN""P'e' "'0
pers ~ u,,,,
i"e ~'N'
,.,. ,.,,x ,ou,... widow.
testimony of Mrs. Rosenberg.
ne 'oIrsun1' ,n tu , a,, ~ NJ.
p'pa o.. ,ha n,,rnosa ~ ,es,ifying
'u'e .,' ~ IT, ,,ain. 20 hava
70 .he sSnV rs ~. enc ,n,, rt be,wsen
30 80 20 ,ha sueg.d nurderer.
S,oi' ,.,Ir,ar, y,as ADMIRED az tha
.,',i,ro,,, -, nns vhr bad heard also
, ~ ,,,,rSar s,,,.msnta oS tho al.
, isged consnirntors in furtherance OF the
a,'.,,.ao,, and M, FOR Tho nurnoee OF
, eonsp,rsey anu a ao, VI" nth ,ps al.
,nn .n', mo
'es n,. 7. - altar cha c-,r,a
~. go, rnaro 10 no ta.timonv from
| eha.t. ~ ., Observation-Disclosures altar ths
onap.o -. oo,, $40, at,ao,,on 10 any
, ~. ..,t,,,on,, 4, n.,u 10 .,ricLer FROM,
- - a., o,,,,a conedcnt I, Co no,
, | 10 ,ho racnra 7 have taken testimony as
~ r.e,,,rr.ncas ord conversations mr.
So, - 80 ,ha ,,,,,ra., In, NOT after
49,, 40 49, ,hinl, ~ 10 IN
= ,h: ~, ,ooord
Iii hau. 4, stricken ont