New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-26
Will Be Taken to Death House
Immediately After Golf
Imposes Sentence.
NOVEL GROUND FOR APPEAL
Wahle VIII Contend Jury Did
Not Properly Weigh the Evi.
dence-"Lefty" Denies
Assault in Tombs.

he sentenced TO the electric chair by Jus
tice Con to-day. Unusual arrangements
for the safe convoy of the prisoners to
Sing Sing have been made by Sheriff Har-
burger. Charles G. r. Wahle, who de-
Tended the gunner at their trial. said
last night that when his clients came up
for sentence day he would incorporate
some novel grounds in his motion to the
court for a new trial All such motions
ara usually denied by the court at the
time Of sentence.
The gunmen-"Lefty'' Louie. 'Dago
Frank. Whitley Lewis and "Gyp' the
BIood-were not depressed on the eve Oh
their sentence, according to their Couh-
sci Mr.. Wahle who visited them III inc
Tornbs last night. He said that none OF
them apparently dreaded the change from
,ba CIV Prison to the death house al
sing Sing as any change from their long
corNnarrent in the Tombs would be re-
lief The gunner are all hopeful OF get
ding a new trial on appeal, Mr.. Wahle
said.
The HYDE trial will be held up tenn
porariIv while the four convicted men are
sentenced by Justice Golf at the opening
Of court to-day 1t is customary to set
the day for execution about six weeks
after the sentence day. That would mean
that the gunner would be put TO death
during the first or second week OF jan
uary II the sentence of the court is car
ried out. which, of course, will not &C.
cur on the day fixed. in the event of an
appeal Mr.. Wahle declared yesterday
that a notice OF appeal would be served
on the District Attorney in due time.
That would act as a stay of execution
until the case was reviewed by the Court
of Appeals.
Year or More in Death House.
II is likely that the gunner will spend
q year or more in the death house before
their case is reviewed and a decision rem
dered by the highest court. Notice of ap-
peal acts as a stay of execution for at
least six months, the statutory time al
lowed for the preparation of the appeal,
but the time is usually extended, some
times several months. The shortest time
a
peals has been rendered in a case of first
degree murder is thirteen months. &C.
cording to the records, since District At
torney Whitman has been in office.
Sheriff Hamburger announced yesterday
that he would be on hand with ten heavily
armed deputies when the gunner were
sentenced to-day. The Sheriff said he In
tended to take the four prisoners directly
TO Sing Sing from the courtroom. He
asked the Tombs authorities yesterday to
have the gunner pack their grips with
whatever belongings they desired to take
with them and be prepared TO go directly
10 the train from court.
Several letters have been received by
Sheriff Hamburger since the conviction of
the Zelig gangsters warning him that an
attempt would be made to rescue the
prisoners en- route to state prison. The
letters were anonymous, some of them
being signed Friend" or "Well-wisher."
Sheriff Hamburger said that while he paid
little heed TO such threats he did not in
tend to take any chances on landing his
prisoners safely within the walls Of Sing
Sing
Says Jury Acted Too Hastily.
Mr.. wahle and his partner. Mr.. Kringel,
were busy at their office, No. go Broad
way, last night preparing the motions TO
be made before Justice Golf to-day when
the gunner are sentenced. BESIDES the
usual motion TO set aside the verdict as
contrary TO the weight of evidence. a
motion for a new trial will be based on
the unusual grounds that the verdict was
rendered by the jury without any con-
sderation OF the evidence and therefore
on mere impression. The reason for such
grounds is found in the fact that the jury
reached a verdict within a half hour
after II retired TO deliberate. II is I'M
derstood that the defence considers the
grounds Of mere impression" material
for appeal, II not recognized as such by
Justice Golf in the lower court.
An investigation of the alleged assault
on Abe Goldstein, a prisoner I'm the
Tombs, by Lefty Louie last Saturday
was conducted by Patrick A. Whitney,
Commissioner Of Corrections; Deputy
Commissioner William j. Wright and
Wardens Hanley and Fallon in the city
k1Sa yesterday. lH1ty ana NTOlOStelU
were brought before the Investigators and
hsAasrogated Goldstein wrote to the Dis
tfIct Attorney that he had been assaulted
by Lefty during the exercise hour. lie
said the assault occurred on the eighth
der, where Goldstein's cell is.
Lefty" Louie told the investigators
That he didn't leave the first tier. where
MS cell is, Saturday afternoon. The
Keeper on the FIRST tier corroborated "Lef-
" and asserted that the gunman was in
ms cell all Saturday afternoon. The
Keeper on the eighth tier declared that
Lefty was up there Saturday after
noon and that he pulled the gunman off
OF Goldstein, whom Lefty" was pun-
melting. Goldstein appeared with slight
scratch on his forehead in mute testi-
mony that he had been assaulted.
Another Admits He Did II.
A prisoner named Joe" Rose, who is
awaiting trial for burglary, Sprang sur
Prize at the hearing by appearing and
telling the committee" that he was the
one who assaulted Goldstein. He said
mat Goldstein had struck him and given
MIN black eye last Thursday. Satur-
Jay during the exercise hour Rose SAID
That he had waited in his cell until Gold
stein appeared and jumped upon him and
knocked him down Rose exhibited dis
colored eye 10 prove his end Of the scrap.
me Commissioner and his associates re-
Ax,N l.. Al.