The Sentinel=record., 1912-11-14
THEIR COUNSEL DECLARES THEY ARE THE VICTIMS OF A
 CONSPIRACY.
MYSTERIOUS MAN IN CASE
Declares that Webber and vaIlon Fired the Shots that Killed Rosenthal-- Jack Rose Repeats Story He
 Told at Becker's Trial.

New York Nov 13.-The state rest. ed it's case tonight in the trial of the gangsetrs accused of murdering the
 gambler, Herman Rosenthal. at the instigation of Charles Becker, and ooInsel for the gunmen opened for the defense, declaring he would show
 taat none of the four took part in the shooting. or in any way were con |nected with the plot to kill Rosenthal. He declared ne would show the four
 were lured to the scene on a pretex- and that the shooting in front of the Hotel Metropole, where Rosentlal was laid low, was dcns by Bridgie Webber, Harry Vallon and a myster- ious stranger, who was thus brought in-o the case for the first time. The defense's outline of it's cae traced by the gunmen's attorney, C. G. F. Waihle, was not concluded until nearly z o'clock tonight Court was then ad.
 iourned until tomorrow when the first wig1ess of the defense will take the stand.
 When the prosecutions last witness had testified, Justice Golf denied MT. Wahles motion to dimiss the :ndict- ment and acquit the defendants. The lawyer then outlined his defense aft CT going into personal history of each of his clients, declaring that, bad as their records might be, they were not guilty of the RosenIhaI murder. He announced his intention of placing each of the gun men" on the stand. He wuold show that Frank Cirofici, one of the four, was at home in his own flat at the time of the shooting, MT. Wahle declared that it was only their interest in their friend, the Eass Side gang leader, Jack Zelig, that mad brought another of them near the scene of the crime in the morning of July 16. Only Cirofici was in the mur- der car that night and this was some time before the shooting
 The fear of Jack Rose, the informer, |cf Jack Zelig's vengeance, growing out of the alleged frame up of the gang leader when he was arrested on a charge of carrying concealed weapons, was the key to such negotiations as took place between the gun men and Rose, counsel declared. It was repre-. sented to his clients, MT Wakie said, that Rose having heard that Zelig sus- pected him of inspiring the frame dp, wished to show Zelig's friends that the suspicion was entirely unfounded. The night of the murder, counsel con- tinued, his clients had been summon- ed to Bridgie Webber's place on Forty second street. Cirofci, who was in the Bronx. was brought down and Vallon and the others came by the subway, Mir. Wahle continued They went into Webbers resort where they met Rose, Vallon and Schepps and stranger, wAose identity MT Wahle did not disclose. Rose, the attorney said assured them that he would have Steinert and White, the police off cers who were accused of executing the actual framing up" of Zelig, meet the quartet of Zelig's friends and assure them that neither Rose nor
 Becker inspired the frame up" but that the order for that proceeding
 came from headquarters
 Rose, Webber. Vallon, Schepps and the fifth man, the stranger, went out leaving the gun men talking, MT Wahle continued, but the fifth man shortly came back and told them Rose wanted to see them in the Metropole "Dago Frank" declared he had Lsore | important business up town and went home to his flat, Mir Wahle went on but the others accompanied the stranger around to the hotel stopping for moment opposite the Cadillac, a
 short distance from the Metropole I Opposite the Metropole, according to
 MT. Wahle, Schepps, vallon and Rose
 were standing Continuing, MT. Wahle said:
 "The fifth man in the party said Wait till l tell them you are here The man went to Schepps, Vallon and
 Rose and started to walk east in I Forty-tlird street Webber aud Val l lon, who were opposite the Metropole crossed over and with the man whose [name has not yet been disclosed started to shoot and these boys, fear | ing another Chinatown episode, start
 ed home by way of the subway. This
 group of five men, Vallon Rose
 Schepps. Webber and the fifth man divided. The fifth man disappeared
 in a lot of building material in front
 of the addition to the Hotel Wood
 stock. They ran north alongside
 Fortysecond street and never entered
 the car standing on the south side oi the street.
 That. gentlemen of the jury is thu
 story of the killing of Herman Rosen
 thai, and We will prove 1t out of th'
 mouths of the people who were witl
 Herman Rosenthal when he wa: Killed by dlsinierested witnesses