New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-20
GOFF ISSUES CHARGE
REVIEWING MURDER
Points Out Contradictions in Testimony, and
Again Declines to Rule Schepps Is
AccompEce.


Justice Gon reached the Criminal
Courts Building yesterday a few minutes
after the Jurors In the gunmen's case
arrived from the Murray Hill Hotel,
where they had spent the night. The
court attendant raped for order at 1880,
and as the justice took his seat the gun
men were led into the room and took
their places behind their counsel In the
mean time Mr. Moss, accompanied by
Mr.. Rubin, Deputy Assistant District At
torney. had entered. The rolcall Of
Jurors came next and then Justice Gofr
began his charge to the jury.
The justice called the jurors attention
10 the fact that they had been accepted
by both sides as fair and impartial mon
and that everything had been done TO
assure the defendants OF a fair and Just
trial He then reminded them that he
was there to interpret the law, and not
to decide upon the facts.
THE law defines" he said. "the crime
OF murder I'm the first degree. You must
take the law rs define It. In exercising
your power, care must DO observed.
Judge each witness according TO his or
her capacity. That rests with you"
After these customary general instruc-
lions the justice took up the case proper.
lie said:
There is no question here but that Her
man Roscnthal was murdered. IL IS CON
coded that about 2 a. m, i'm front OF the
MetrOpOle Hotel, Herman ROscuihal was
murdered The People OF the state assert
that these four defendants did the shoot
ing They have number OF Aliases,
Some have given their right names. J
shall abbrcviate their names so That time
may be saved. and you may be aDIe 10
appreciate the reference 70 them
The Justice then enumerated the gun
men as they sat from left 10 right as
Whitley" Lewis. whom he should refer
TO I'm his charge as Whitley; Frank
ClroRcl, whom he would call Frank
Louis Rosenberg, whom he would call
Lefty" and Harry Horowitz, whom he
would call "Gyp."
Court Reviews the Plot.
Next he reviewed the events that start
ed with the meeting in the Care des
Beaux-Arts. He spoke Of Lefty and
whitley" at that meeting as telling Rose
that Zclig held him Bosc) responsible for
the framing up" of Zelig, who was In
the Tombs on a charge OF carrying con
ccaled weapons. Continuing the justice
told Of how Rose in order 10 show that
he was innocent, wanted to see Zclig re-
leased. and OF how. according 20 Rose,
Becker had said It was necessary to have
Rosenthal "crOaked" 10 prevent the
breaking up Of gambling in New York
The justice continued:
on the 18th OF July the four men went
TO the Garden Restaurant, according
to Rose where Rosenthal was. TO per
form the murder at once, but the appear
ance OF man thought 10 De a Burns
detective frightened them on
Then came the visit Of Rose 10 the
Seventh avenue house TO tell the men
that Becker was more and more iHsistcnt
on July IL Rose went 10 the sam PAU
outing, where the gambling situation was
discussed. Later In the day he went to
Dora Gilberts for an affidavit
On the following night the four de-
PENDANTS and four or FIVE other men were
in Weber's poker rooms, at 42d street and
Weber had gone out and come back, the
four defendants left the room and entered
n gray automobile driven by William
Shapiro. and went up Sixth avenue 10
43d street and went west and turned
around. racing Sixth avenue.
The defendants then got out and went
across the street Then five shots were
fired
Justice Goff then referred to the iden
tiflcatlon made by Stanich, Krause, Lu-