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Show JUSTICE EOF OFTHNMEN Hj Orders That Both Sides Be Prepared lo Sum Up Mon-clay Mon-clay in Order Thai He May Charge Jury. HL DEFENSE FORCES Wm HAND OF THE STATE Hi Webber and Vallon Musi I. TakC StanCi l Refutc TeS" j limony of Accused . Bt- International Xews Service, -a -lEW" YOIK, Nov. 15. Monday night vrill briujr with it t:ho fata I -of the four junmcn eliarpcrl with i the murder ol' Hor man .Rosen- Todaj- vritnesscJ tho completion of I he case for tho defouso. Tomorrow the state ?s witnesses in rebuttal will be heard. And Justice Goff ordered when adjournment was taken tonight rhat both sides be prepared to sum up on Monday in order . that ho may charge tho ."jury HJ1d ""rn the case over to it by nightfall. I HI Tn this situation a curious, one m might say a critical stage of the en- f$g tire "Rosenthal case has been reached. tj In tho desperate fight which he has m been ma kin p." to saye tho Jivos of his jJ four clients, Vvahlc, counsel for tho H -lefendants, has, for tho. first time,, pi forced the state into a defensive posi- fl Jack Kose, "Bridpy" "Webber, JTar-; m tv Yallon and Sam Schopps have beeu cranted immunjtv. from 'prosecution for jj the murder of Rosenthal on condition 1 that it bo not shown that they par- aj ticipated in tho actual killing that j$f they fired no shots. I Must Take the Stand. For reasons of his own, the district attorney did. not call Webber, Yallon and Schopps in the presentation of his main case And the defense went on aud built up their case on" the testimony testi-mony of half a dozen witnesses who sworo that tho' actual shootini: was done by Webber, Vallon and the mysterious mys-terious stranger who has been referred In consequence Webber and Vallon must take the witness stand tomorrow, nominally as witnesses against the accused ac-cused gunmen, but in reality to refute the charge that tbey did tho shooting, and save themselves from being forced to trial for murdor. It is "Wahle's plan in striving to create 2. reasonable doubt in the minds of the jurors, to prgue that his clients aro as worthy of belief as the men who accuse them. The final desperate "blows in this last stand of the gunmen of Xew York will be struck tomorrow therefore. Drama of Underworld. The closing scenes in the presentation presenta-tion of the ea6e of the defense wore replete with all the picturesque incidents inci-dents of the preceding days of the trial. With tbe exception of "Dago Frank5' who made a really excellent witness for bimself it was the day of the supernumeraries in this stirring stir-ring drama of the underworld. Wahlo dug decr down into the heart of the tenderloin and produced a caat of characters, char-acters, including bartenders, gamblers, night hawk hackmen, news venders, district messengers all distinct types of the night life of New York. Mrs. Louis Rosenberg, otherwise the wife of "Lefty Louie." pla3'cd her brief part on the stand, telling of a visit of Jack Rose to Iter husband, and for a brief period the fortunate spectators spec-tators present saw a grand assemblage of all the characters in the drama, saving sav-ing Charles Becker and Herman Rosenthal. Rosen-thal. Schepps, Rose Vallon and Wob-ber Wob-ber were brought into, court so that Giovanni Stanish' might declare they were not among the men he saw with xnins in their hands on the niht of the shooting. Society was represented on the occasion occa-sion by Mrs, C. K. a. Billings, the wcll-known horse woman, and the Baroness Bar-oness Batdorf. In tho motley throng were all the well-known types and the, c.ustomary crowd clamored outside the gates, held in check b- a detail of fifty policemen. "Dago Frank" was the star of tho occasion. He put the finishing touches to tho alilbi which his associates had built up for him and otherwise ho followed closely tho Btorv which ,4Gypn and "Lefty" and "Whitey" had told. There was a general feeling in court at. the close of tho day that Cirofici had an even chance, to escape with a verdict of raurdor in tho second degree. de-gree. He was frank, earnest, direct and apparently sincere. In direct examination, bis story followed fol-lowed the well-known lines. With the gold from several filled teeth gleaming gleam-ing in the half light of the witness chair there flashed evcrv now and then a characteristic touch. lie told of .Tack Rose's effort to convin"o the "avenue boys" they being Solig's gang that he had not been responsible responsi-ble for the -arrest of thoir leader, "Whitey" Lewis had accused him of this. Had to Be Shown. "I said to Frank," "Dago .Frank" testified, "the boys is from. Missouri and you got to show them, For myself I don't care." This, ho said, was on the night that Rose called with Schepps and Vallon and. carried) tho "Dago" down to Webber's Web-ber's poker parlor, whence all hands went around to the Metropolc, whero Rosenthal met his death. Tho witness testified that Rose asked him to go down town that night and meet Stoincrt and. White of tho strong arm squad and' learn from them that he was not guilty of having caused Selig's arrest. Rose, he said, was very nervous. Ho donied that ho had' a revolver that night or that anything had been said to him about killing Rosenthal, whose name was not even mentioned. Tie denied de-nied that he had over seen Rosenthal. Admitted Prison Term. It was on cross-examination that be showed to best advantage. He admitted admit-ted having been- sent to Elmira for being be-ing found with a gun. and a slungshot on his person. That, he swears, was the onljr time he has been sent to prison. pris-on. But he frankly admitted having been a silent partner with Abe Harris in an opium parlor uptown. He admitted admit-ted also never having been married but denied that Jean Gordon supported him. He claimed to have been at hor flat i when the shooting took place. Tho girl had been arrested and it was while ho was out trying to secure bail for her that he heard that Herman Rosenthal had been killed. "You knew that your friends had been in a shooting in Porty-third street," said Mr. Moss. "Why 'didn't you wake up the boys whon you got home and tell thorn about it?'" 5 "It didn't interest me." replied "Dago Frank." Justice Goff nest put a .series of questions ques-tions but the witness deftly sidestepped every attemut to implicate hint in any feature of the shootintr of the gambler or any guilty knowledge of tho crime. I To left t he stand smiling and thcu there followed a procession of tenderloin tender-loin habitues, cacli of whom added his or her bit of testimony. |