Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-04-14
C|ROF|C| STORY
HURTS BECKER,
SAYS WHITMAN
AS New Trial Approaches Law
yer Shay to Withdraw
from Case.

IAOSeHIHdl was SuppldnIeu louty w
speculation on the probable effect Of
Dago Frank Cirofici's confession on
the second trial of former Police Lieu
tenant Charles Becker, and on the
status of Harry Vallon, one Of the
four informers, whose immunity was
granted on condition he did not fire
a shot.
II is conceded that the confession.
except for it's moral effect on public
opinion, has no value, 1t could not
be used either against WALTON or IN
favor of Becker. Its tendency is to
convince the skeptical that the gun
men were guilty, and possibly to
raise doubt in the minds of some
that Becker had anything to do with
the murder. In another way it has
hurt Becker, for 1t shows, if accepted
as the truth, that BALD jack Rose,
in the main, told a true story.
Crowds ThrOng at Funerals.
The body of Whitley Lewis Sci
denshner was given immediate burial
in a Long Island cemetery yesterday
Emotional thousands of the East Side
fell in behind this cortege and fol-
lowed 1t for blocks from an under
takers to the entrance OF the Will
liamsburg Bridge, over which the
hearse and six carriages passed on the
way to the grave. At the bridge the
throng halted, and there they waited
until long after nightfall, not credit
ing the information given by the po-
lice that none of the other funerals
was to be held until today
In front of the homes or undertake
ing establishments to which the other
bodies were conveyed hundreds OF
curious persons gathered. Where
"Gyp the Blood" Horowitz lay dead,
In the home of a Harlem church sex
ton, police reserves were called upon
to prevent people from entering and
viewing the body. The sexton rsorted
to a ruse to get rid of the crowd. He
had a hearce back up to the door, and
into 1t an empty coffin was placed and
driven away. Many were deceived
and left Horowitz's funeral took
place this morning and his body was
buried in the same cemetery where
that of Whitley Lewis lies.
10000 Saw Franks Body.
The police estimated that 10000 per-
sons viewed the body of "Dago
Frank" Cirofici, at a Bronx under
takers parlors, passing by the cas-
ket for more than six hours. Cir
oficis mother, who was at Sing Sing
during her sons last hours, was pros
trated at her home last night. The
funeral will take place on Wednes-
day and the body buried in q w est
chester. county cemetery "a 1daN
The family OF .I,efty ,I4oui4 Rosen-
berg claimed his body. when 1t
would be buried was not nude known.
vanou 10 In seeGusfor.
Harry Vailon remained in seSlusion
today, but his counsel, Bernard II.
Sander. said that Vallon would pre-
sent himself whenever wanted by the
district attorney.
"Cirofici's statement that Vallon
fired a shot is not at all surprising"
said Mr. Sander, "and was predicted
by Vallon as soon as Becked left the
death house in Sing Sing. The man
ner in which the statement was OBJ
tanned does not give it sufficient sig
nificance to be considered as legal
evidence. The statement is not the
dying declaration made by a person
in eXtremis. 1t is hearsay and no
doubt inspired to help Charles
Becker"
Confession May Help Becker.
"Dago Franks" confession, made
within less than two hours of his
death, will not be permitted to inter.
fere in any way with preparations
for the second trial of ex-Police Lieu
tenant Charles Becker for the muir
der of Herman Rosenthal, District
Attorney Whitman announced yester-
day.
But Becker's friends are holding
that the confession, if admitted, will
amount to an exculpation of the ex-
policeman as the instigator of the
Rosenthal murder; and, Furthermore,
they declare that it shows the worth
lessness of the testimony given on
the Becker trial by Rose, Weber and
Vallon, the confessed leaders in the
conspiracy to put Rosenthal out OF
the way.
Not Vital says whitman.
On the other hand, District Attor-
ney Whitman does not consider the
confession vital TO the case, either
from the standpoint of the defense or
of the prosecution. The confession of
"Dago Frank" says that he was not
at the scene of the crime when ii
was committed, and his denunciation
of Vallon as one of the three men
who fired at the gambler becomes
hearsay evidence. 1t is, therefore.
held inadmissible either in the de-
fense of Becker or in the prosecu-
tion of Vallon as one of the actual
murderers.
1t can also be stated that, in the
opinion of the district attorney, the
confession in many ways corrobor-
ates the contention of the State
that there was a conspiracy, and that
as q result of that conspiracy the
gunner were hired to murder Rosen-
thai a week in advance of the assas-
sination.
yaIlon Is Not Immune.
District Attorney whitman him
self called attention to the fact that
in the immunity agreement signed by
Harry Vallon it was stipulated that
if it was subsequently shown that
Vallon had actually fired upon Ros-
enthal the immunity would not
longer hold and that he would have
to stand trial on a charge of murder
in the first degree. If any evidence
is produced that bears out what the
dead gunman said, it was predicted
with absolute certainty that Mr..
Whitman would act against Vallon.
But as it stands, the confession In
no way affects the standing of Val
Ion in the case, according to the
States view of the matter 1t was
said that Governor Glynn called up
Mr. Whitman and called his attention
to "Dago Franks" statement that
the plan to kill Rosenthal was made
a week before the murder was com
mitted The governor considered that
very significant statement, it was
said.
Mcintyre Agrees with Whitman.
John F. Mcintyre, who was lead
ing counsel for Becker in his first
trial. agrees with Mr.. Whitman that
the confession as it stands is mad
missible evidence. The only way IL
could be received In evidence In the
opinion of Mr.. Mcintyre would be for
rMr Whitman to waive his rights in
the matter, or else to have the Judge
order 1t in evidence as the dying dec
Ia ra ficxa Of nm N 1uh.. In, mn L ing IL