The evening world. Newspaper, May 22, 1914, Page 2

Set was the loudest and firmett in the courtroom. t'S VOICE CLEAREST IN COURT. When asked if he had ever before been convicted of a crime he od “Yes, on the same charge.” ‘Clerk Penny instructed a court officer to whisper to Becker that the tr conviction, because of reversal by the Court of Appeals, did not Mt. The question was repeated and Becker answered: "? Mr. Manton asked the court (o set a date for the imposition of to ce. Justice Seabury inquired if a week from to-day would be to the defense, Mr. Manton replied in the affirmative, ind was remanded to the Tombs to awalt sentence to death in the chair, which will be pronounced on May 29. “As Becker left the room, carrying his straw hat in his left hand, )step was firm, his eye was bright and his demeanor as confident as Ht any time during the trial. BECKER BREAKS DOWN. Becker was in the Sheriff's ff the courtroom when the teturned the verdict. She heard Shouting the news through “@erridors to other reporters at end at once became hys John Becker, the brother of convicted man, hastened to her and tried to comfort her, but her ‘was complete and she was over to the care of the Tombs ‘There were not over forty persons But as he was crossing the Bridge of] ort he plucked nervously at the front of his collar, as though gasping] ter: physical pain which he was trying to conceal. At times hie heavy lipe moved nervously as though involun- tarily. Onee in a while he turned and @lanced to the left of the court room where hie wife sat next to the rail At the foot of the Jury box -yhere abe was out of sight of the jurymen. 4 ghost of @ emile relieved his set ea- preasion as thelr eyes met. As soon as the jury rofl was called by Clerk Penny at the morning sea- sion Justice Seabury asked counsel | 4 to submit their requests for charges the courtroom when the verdict Feadored, The general impres- had been that the deliberations Jury would be prolonged. “About 100 curious spectators bad ae- in the corridors, No demon- marked the result of thi to the jury after his own preliminary charge was finished. He then as sured the jury that he knew of no Seabury issued Instructions #8 the members of the jury should under the protection of court until) after they bad taken at the Murray Hill Hotel. ‘a only comment was made he was passing out of the court- A friend said: “I am sorry for the first hour and a quarter of Justice Beabury to the Smpreased those who heard it i ® marvellousiy coloriess and dis- of the evidence. ‘was impossible for one to know Justice himself really it of the comparative value of testimony of the various wit- we when he went into the evidence instructions as to the legal attached to it not COURT READS LAW D CONSPIRACY. Justice Seabury read the statute regarding conspiracy and instructed the jury that the absence from the ecome of the crime id not tree Bim from guilt. “If he induced, procered and coun- selled, commanded or directed Rose and others to Kili Rosenthal, this defendant at the bar is guilty. If these persons, the defendants Rose, Vallon and Webber, knew and agreed to the killing of Rosentbal, then each and every one of them was equally re- sponsible and the defendant ts re- | «posible for all that these persons did while working to the ead of that was also laid upon the tes- | conspiracy.” Mrs, Rosenthal as to her Becker in the raided gam-| varying degrees of homicide, explain ing that such a definition @ras requir- ton took the unusual step to the whole charge on that it was “animated ar- 7 “ Justice Seabury flushed and a the exception was “immoderate ot forth by connecting all the evide: offered Mr. Whitmas. A resume of the prosecution's theory of the case, In the opinion of the au- ditors who had an opportunity to ex- change whispered comments, could We are prepared to issue Straw Hats of Standard $3.00 Quality for 150 United Cigar Stores Certificates. Quantity limited. This offer is effective only while our stock lasts. At the following United Profit-Sharing Stations: 44 West 18th St. 290 Lenox Ave. (near 125th St.) Broadway and Fulton St. 451 Fulton St., (Brooklyn) UNITED | __ CIGAR STORES mi Justice Seabury then defined the| °F, THE DEFENSE. “The defendant,” said the Justic when be coneluded the outline of Mi Whitman's case, “by his plea of ni gullty puts to thi jug of truth every item im the indictment and every fact in Mga contentions of the prose- m. "The defenre contends that’ the Murder of Rosenthal inapired and ht about b; blera, ‘ou understand, o' that there is no obligation to show who killed Herman Rosenthal or way. But he may give such an ex. in the course of proof that in no way concerned in the crime. “What motives did the defendant have for ending the life of Rosen- thal?’ asked the Court. “What in before and after the ime wives color to the belief th: he in guilty? That is for you to de- mine,” Justice aaery went back to the evidence of Rose, Mrs. Rosenthal, the waltera, servants and family friends of Rose regarding the intimacy of a, and Becker, it were the defendant's reia- tions. with Rosenth “This question ts o ye eye Do you believe sad that Y met at Bd lke’ Club. eo MORGAN, GOT FIRED AS REWARD eer ee Ex-New Haven Head Says He Was Indicted to Save ‘Financier, SON FORCED HIM’ OUT. Bore Burden Becausé He Feared Indictment Would Have Killed J. P. Sr. WASHINGTON, May 13.—Because ho realized that {f the man really to ‘of | blame—the late J. Pierpont id tl for having Rosenthal willed rat there was a gamblers’ quarrel amorg te and consctenceless =m which furnished with the motive for the mi ir. “The prosecution contends that the defendant faced trial, lors of money, disgrace and loas of position unless Lemar! thal was siienged. That, they is the neve *"Yaot Iv@ 8 NOt senentlal to. estab- der a Bui juatioe a read authorities on the to of motive in ciroum- “Dia this corn asked, “al ling of ? You teatimony of Rose that th! eald that Rosenthal mus: that there was delay and that Becker complained an id the murder must be committed before the District-Attorney could be reached by Herman Rosenthal, “HARLEM CONFERENCE” THE MO8T IMPORTANT POINT. “The most important question for you to determine is as to whether there was a meeting in Harlem before the murder as described. You heard the witness Marshall say that he aw Rose and Webber and this de- fondant talking together on this oc- sald he saw Marshall. The tell how one or another of them was constantly with Becker from i time he left his home until t Sioned pee, t erty pei RS te eh and opie this defendant direct the kill- ing of Herman Rosenthal? If he did not, you should acquit him. If you believe beyond a freasonal doubt that he did you mi find him guilty. VERDICT MUST BE FR FROM PREJUDIC “You must disregard the fact that defendant was a police lieute! ant. You are not trying him for bribery or corruption. Your opinions of his conduct except as relating to the murder of Herman Rosenthal are no importance, “If you believe that this defendant fe an innocent victim of a mmantic conspiracy by Rose, Vallon and W: ber to hold him responsible for t! murder, you may acquit him. Jus- tice does not require a victim regard- less of guilt. “If the defendant did procure and bring about the death of Rosenthal it would be a mockery of justice for you to allow him to go free. “The law does not require you to cast aside all the evidence of a wit- ness who in your judgment has not told the truth as to a material fact. if you think best.” “And now,” he concluded, “the is- gue of justice in this case rests with you twelve men and you twelve men alone, The determination of the truth ts yours to find. If you find the truth your duty I= truly done. ——_~--- PAT FARLEY’S WILL. Gives Cate Bartender—Lifts Mortgage Of Murtha. The will of Patrick Farley, former Al- derman and friend of Croker, who until his death last Wednesday was the pro- prietor of a saloom and restaurant at No. 183 Bowery, was filed to-day, It @ecrees that the mortgage he held on the home of ex-Police Inspector John J. Murtha, who was recently released from Blackwell's Island, be given back te Murtha, who has a big family and le not very flush. Murtha was only one of many friends whom he remembered in his will to the exclusion of his brothers, Thomas and Joseph, to whom he left nothing because of their ‘treatment of myself and my deceased wife.” Hie estate is estimated at $100,000, He left his cafe business co his ba: wie ore, giving Ernest Zipse half and eph Brady and John Cansidy each a quarter interest. To Cassidy he also left $5,000 and = like sum to Ida Owens, a friend, The residue of be estate he di- Suses, equally Fel Med hael Ly a jond; Margarct Foboneld ald, his hor Kvssper, and Zipe {athe an Sie eae PRINCESS FLIES TO DANSANT. Biplane te Be Parte Tange. LONDON, May 2.-Princess Ludwig of Lowenstein-Wertheim, who had so- cial engagements in Paris last evening, performed part of the journey from ineee in @ biplane piloted by Rowland at Eastbor ofa Eaters sore [Tee Bison ain ee nutans | The Princess com- was held responsible and indigted it would have meant hie death, Charles 8. Mellen conosaled the truth and jen | accepted his own indictment. In re- payment for hie self-sacrifice he was “practically fired” from hip position | aa head of the New Haven by the won of the man he saved. Tn a remarkable statement em dy- ing this contention Méllen completed his testimony to-day before the In- terstate Commerce Commission. ‘The final setting of the Molien story, admittedly the most remarkable ever unfolded by the Interstate Commerce Commission, was sensational. Attor- ney Folk had carried the witness through three hours of talk the ma- teriailty of which as evidence was open to doubt. deal with the Grand Trunk. Mellen explained that he had Gied with the commission a complete and technical report of the entire transaction that | bad resulted in his indictment. TELLS OF MORGAN'S PART IN THE TRANSACTION. “But that is not all of it,” he said.” “Did the late J. P. Morgan take any very ill, Commissioner MeChord final- lly adjourned the proceedings. until next Tuesday in order that an inves- tigation may be made to find the exact state of health of the four men. Mr. Folk oxpressed great surprise to-day when told that William Bocke- feller was at a New Haven directory’ meeting in New York yesterday, but would not say whether he would be compelled to come here for exam. | chase ination. When the Interstate Commerce Then he took up the, *!P' part in this transaction?” asked At- beet Folk, “He did,” was the emphatic reply. “I did not know that Mr. Morgan had any knowledge of the fact that 1 was endeavoring to arrange for an ex- change of business wit.. .ae officials of the Grand Trunk until he came tomy office at a time when I had a confer- ence on with the officials of the Cai dian system. He told them very em- phatically that the Grand Trunk had agreed long ago to turn over to him for the New Haven the New London and Northern system. “He told them that there would never be any permanent peace be- tween the two systems until that promise was kept. He left the room and I told these officials that I knew nothing about this matter. I told them that the New Haven was ready to fight the Grand Trunk for business, I told them we were in shape to make the fight a costly one and that I hoped they would go ahead and construct their line to Providence. “It was on that basis that we part- ed. In a week or ao I learned to my utter amasement that the Grand Jury in New York was investigating and that it was the intention of the Di trict-Attorney to cause my indi ment for violating the anti-trust law. Then came the news of the indict- ment. It was a distinct shock to me, as I was not the man to blame.” “You Issued a statement dealing with the matter, however, did you not?” asked Folk, “Yes, sir; but it was not prepared by me. It was completed by Lewis Cass Ledyard and Mr. Edward 8. Robbins, New York attorneys. “1 want te eay right here and new that | almost killed everybody in my that time. knew the man they were after wae Mr. Mergan. | realized the eondition of hie health just then. | knew positively that if he were to have been indicted it would have killed him. There was nothing | weuld net have done te have aided Mr. Morgan.” Mellen’s voice had broken for the firat time in rying ordeal. There were real tears in his eye, He was very plainly overcome by his é@mo- tions, “Did you ever tell Mr, Morgan’s gon about this?” interrupted Folk. “Yes, sir, I did," was the answer, Now there was a very distinct trace of anger in the dethroned railroad kifg’s manner. “When he came and told me that he believed it would be for the best for me to leave the New Haven uys- tem I told him that I did not think this a proper reward for what 1 had done in accepting disgrace to save his father. He felt badly about it and ured me in a broken voice that if his father had been indicted at thin time it would have killed him. But he accepted my resignation,” This ended Mellen's story and he was excused, Attornoy Folk announced that his quartet of next important witnesses —William Rockefeller, George Mo- Culloch Miller, Samuel Morehouse and H. M. Kochersperger—had all! by filed physicians’ certificates that their Hyes would be endangered if they were forced to testify. “But Mr, Rockefeller wae able to| attend a New Haven meeting in New York yesterday,” said Commissioner MoChord, Commission inquiry into the New York, New Haven and Hartford Rail- way affaires, was resumed to-day for- mer President Charlies 8. Melien ap- peared early on the scene. for the) Atth duy of his interrogatiow by Jo- seph W. Fotk, chief counsel for the commission. Beginning his examination, Mr. Folk asked Mr. Mellen to tell some- thing about the purchase by the New Haven of the Rutland Ratiroad. “That' was a Vermont corporation Oferating in New York and mont,” replied Mr. Mellen, “and is a natural extension north and west of the New Haven lines, We purchased from the New York Central one-half of ite interest in Rutland, which gave us the contrel.” “Did the purchase of the Rutland have anything to do with the agree- Ment reached with the Boston and Albany?” “Yen and no. There were #0 many nerotiationa affectitig the Boston and Albany at that time that they may poraibly be rewarded as having been henge togetnn aes Tarrytown, White Pl i Y and Mamaroneck Railway?” asked Mr. Folk. 24 ‘was an electric line running through White Plains. It was sold at public auction. It brought be- tween $930,000 and $1,000,000." “Did it cost 150 per cent. of its ba to operate?” it cost more than its re- "Who bid against you in the ac- auiaition of ¢ the property ‘he a snl J ‘ganization committee of oie “Did not the New “Haven buy Waterbury Gas Company stock, ac. quiring control of the compa: asked Mr. Folk. “Yes, through the (Perea Pow- er Company, a subsidia: Rel was the price bald per share’ “T think about: 65.” “Had it not been selling at 40?" “T do not know. It was worth what we paid. We later leased it to the U) nited Light and Water Com; any of Geers and made $100, year out Mr. Mellen testified trat the New Haven’s entry into the lighting busi- nese was due to its leasing the Con- weacent Railroad and Lighting Com- Parunder that lease we got the Con- necticut Lighting Concern's lease of the Waterbury company, whieh was to ire a few years and we Lay it it advisable to get Control of @, against the time of its ex- pinvelien ‘was asked if the New Haven had not worked along non-partisan ines, using any party in power, “Why, of odurae,” he said, “we al- ‘ways got under the best umbrella.” ASKED MELLEN IF HE WROTE PRAYER. Folk then | read into the record the celebrated Fn from the Hills,” coaeented throughout New Haven territory, hae) opened as follows: bs! i up mine eyes to the Hills.” Folk asked Mellen if he had not step nd written thia, said Mellen in hy, Gove: mock Nurprise, ‘do you not recog- nize the Bible language?” A toar of laughter greeted Mi joinder, Apparently nettle Gree to show that the New rculated the “prayer,” Folk ven which was ai tribute to the railsond, ‘Melien eae | mitted ie was true and added that u Mell “ ‘in told of nerigen jen again told of em ng rot, Bruce Lyman of Hi $20,000 to advise the New Hi garding employment of vario pare, representatives. He no personal knowledge of the transactions, but that he had no doubt all of the men gave a good return for their et: “They al ainsa to. held popuiat | coms sentiment to the ald of New ven projecta?” demanded Folk. “They certainly did,” Mellen re- plied. He neded it the firm of Innes & Tuttle of nm Was paid also by the ‘New tauren for publicity work. Mellen basa that his publicity campaign been remarkably cheap. ‘But {t cost several hundred thou- wand do! " Folk protested, “Yes, and only about one- mauaster of what other railroads have paid for similar campaigns that presented ho such difficulties as ours,” Mellen retoi He said he had advertised in a hundred different New England newspapers but denied that such ad- vertising was an egart at bribery, “Ever give any free passes?” eud- denly Polk. demanded ‘Mellen's emile became expansive. Leaning over the table he replied: SCATTERED FR PASSES IN THE OLD DAYS. “In the when free passes wei legal I scattered them like the leaves of the forest. In the days when re- bates were legal I gave millions of them, When the law prohibited all of thie I scrupulously observed it.” Mellen and Folk clashed bitterly when the attorney tried to have Mel- jen admit that certain directors and the frm of J. P, phony & Co. bene- fited materially b; oir connection with the New Heven Railroad. Such thing {9 unbelievable and UA CRIRADS, " said Melien. some did, however, didn’t the: . renee yolk, jot that I kn Mellen stated that 8. W. Winslow, a New ‘en director, ent also of the United Sh inery Company and one of the original owners of the Boston Traveler. Folk took up individual directors of the New Haven. Prendergast Bro Mel aaid: ately bandieapped immense fortune which is pot the best equipment to demand exer-4 tion,” Of Laurence Minot, Mellen said: “He is a Boston lawyer and It {fashionable in Boston when you die to leave rything you poenene to Minot because he is meh 8 a high-toned wood care individual and takes such lat 45 felien'e | SAID oJ oagotens HAD TO BE WAKENED. Folk tried to show some of thi jew York harbor to pur- New York, Ontatio and Raliroa had tried to buy the Lehigh and Hudson system to reduce the ferriage io New York hi consulted the trunk "nee about ti purchase Son jacob H. ‘Sohuft of Kuhn, Loeb & Ci 7 ne directors a ‘abd | the puroha the stock was aifference, Mellen ‘the cost of securing as to the r Railway Fog ory | Mr. Folk ‘& Company $10 more a share than had been paid to others. “That was a hold-up,” agswerec Mr. Mellen. Q. A hold-up by Read & Company? A, Weill, I was not holding myself up. Mr. Mellen added: “An intimation came to me that if we wanted legis- ee oy it would be @ good idea to rade for stock. Wan this in writing?” “These thipgs never come fn writ- ing, but they reach the sppt neverthe- less.” Mr. Mellen, repeating Lagi “ timony given by ‘Wim regard! payment of $140,000 in comm! iy to 8. F. Kelley, was asked by M e you told us everything about wna transtaction?” ,, after I go to bed at night sine, I ‘have been testifying I think of things that might have brought ont and I turn ove 4 con- they were not.” BILLARD THE ALT OF. THE EARTH,” SAYS MELLEN. Speakin; of Judge Robertson, another member of the board, Mr. Mellen said he war a man “who would lend dignity to y occasion upon which he was pi nt. He ile Juminated with scintillations of w' dom every question under conside! ation.” “I want to say concerning the men of means on the New Haven board or other boards that I do not believe a large fortune necessarily is an in- centive to ambition.” Mr. Folk went through the list of directors and asked Mr. Mellen some- thing about each one. John L. Bil. lard, Mr, Mellen said, was the “salt of the earth.” “He salted the earth, didn't he?” asked Mr. Folk. “He never got any salt to which he was not entitled,” Mr. Mellen replied. “Who is George F. Baker?” “Everybody that knows anything of the bg affairs of the country knows the prominent and active part he plays.” Thomas De Witt Cuyler, Mr. Mellen sald, wat on the board as the repre- sentative of the Pennsyivanta Railroad. “How about Samuel Rea?” Mr. Mel- len was asked. “He ts the President of the Penn- sylvania, a little branch line that runs into Washington,” was the reply. ent of Justice official, New Haven case, de- testimony to-day will not result in giving the former New Haven head immunity from prosecution already begun or under consideration. He pointed out that Mellen gave his tes- timony voluntarily and did not re- fuse to answer on the ground that it might incriminate him. He also pointed out that Mellen has assumed responsibility for his action in the Grand Trunk case, even though ap- parently directed by J. P. Morgan. ————_ LINER BALTIC IN CRASH. Const! Steamer After Leav- 5 England om Voyage Here. LIVERPOOL, May 2%3.—In a dense fog early to-day the White Star liner Baltic. bound for New York, crashed with the Clarrte, a coastwise steamer, forty miles — of Tel reens, Wales. The Baltic as uninjured he wey. pe Ginrrie'e ry ed ee tae fader and ptopalier No “Ho Sesualties were reported, been | Will be ati Nearly 10,000 ih None Ace P| a Althouga Only. 8,000 Were, Required by Law. City Clerk Connelly of Newark r ceived to-day a petition bea signatures asking that @ spectal elec- tion be held to whether or not Newark shall pt a commission form of government. ‘The petition was turned in by a committees which han been working for some time to get the required number of signatures—8,000 in this cane, . Mr. Connelly was asked to place the petition on file. He Informed that committee that he would firat have to ascertain whether all forms of law had been compiled with and verity the signatures. This means. that there will be another long delay before the question of a commission form of gov- ernment can ‘be! placed before the voters of Newark. 4 SOUSA LEADS LAMBS WITH BAND AT SUNSET Heroes, Villains, Comedians and Heavies Without Make-Up in Big Gambol Parade. The Lambs will march gown Fifth avenue for a few blocks toward sun- set this afternoon with « big brass band Jed by John Philip Sousa. There villains, heroes, juve- niles, comedians, leads, heavies and so on, The procession is an annual event opening the Lambs’ Gambol at the Metropolitan Opera House, To keep the Lambs from being squeezed between the heavy auto- mobile traffic of the avenue Commis- sioner Woods will provid mounted squad. The parade will start from the Lambs’ Club in Forty-fourth street, at 4.46, will go to Broadway through Times Square to Forty-secoud street. then to Fifth avenue and to Broadway, ending at the Metropolitan Opera Mouse, where the gambolling begins to-night. a STANTON CAN’T GET BACK. Appellate Di im Reales Against Di Police Lieutenant. Former Lieutenant of Police John F. Stanton, who at one time had charge of the bureau of inv character of applicant in the Department, and who was dis- missed by former Police Commissioner Waldo, will not be reinstated to the cording to a de- Division of the Supreme Court to-day. The onalee ‘on which Stanton was dis- seed was that he had told Richard Oliver, now in the Detective Bureau, that $260 was the oft ice required to fix matters so that Oliver could get ap- ‘S| pointed to the for Stanton hold that the alleged con- versation between him und Ollver took place, according to Oliver's own testi- mony, at 2 o'clock on a Sunday morn- ing and that the appointment to the force was at 10 o'clock the sn™ie morn- ing. No appointments are mude to the lice Department on Sunday. 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