New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-19

of the four actually put the bullets into
Rosenthals head, it shows that they all
attacked him; that some or all OF them
had revolyers and fired them: and neither
the law nor common sense requires us TO
show which man held the particular pistol
that was the fatal instrument. While
these four men are the actual murderers'
II is clear from the evidence that others
participated with them in accomplish
Ing 1t.
Attention has been drawn to the fact
that the District Attorney entered into
spulations with Rose. Weber and Nall0I.
1t mast not be thought that the District
Attorney gave away the rights OF the
state or extended particular favor 70
these men who participated in the murder
conspiracy. IL is clear upon the evidence
that without information from Inside that
conspiracy the state was powerless 70
discover It's elements or 10 proceeu
against its members.
The long-heralded surprise which was
to be developed by the defendants upon
this trial was the giving of testimony
that Rose, Weber and WALTON had nred
the shots against Herman Rosenthal, a
fact never stated by any one In pubic
until this trial occurred, and IL seems
from the evidence that the purpose Oh
making this accusation was TO unoeTIr ne
the condition upon which Rose, Weber
and WALTON had been accepted py the
state and to subject them to prosecu-
ton because of the violation OF the con-
dition that they had not hred at hose"-
thai.
Let's Rose Down Easy.
It appears that Rose delayed the con-
templated murder, holding the gunIhem
off and trying to appease and delay
Becker Probably he thought that WIFI
the more or less public criticism tne
Police Commissioner would be aHecteu
and would remove Becker from tne
strong arm" squad. and that would END
l,n h,tt tho nnlQV OF Rose Olu
not affect the activity of Rosenthai'
who. going from step to step and hnal-
ly landing in The World once and s Sc,
curing the publication in The Woria
of his allegations of partnership win
Charles Becker, brought the matter 10 a
head and was the direct cause or the
assembling OF the gunner on the latai
night at Weber's poker room 10 go OUT
and take Rosenthars life 9etore t ne
ney and be taken to the grand Jury
room and give his evidence against the
lieutenant of police.
The defendants own testimony SHOWS
that they were gathered that night: one
of them brought down by Rose from
the Seventh avenue fiat and the others
brought up from the gunmens resoI I,
No. rs Second avenue, through telephonic
messages sent by Weber, and they ADMIT
their assembling in the poker room ana
their going to the immediate proximity
of the Metropole Hotel, and their oelng
within a short distance OF the actuai
murder, and their witnessing or IT, al
though strangely, though they saw the
shots fired, they claim that they did not
see Rosenthal and did not know anybody
had been shot. ~
The allbi OF "Dago" Frank is interest
ing It is evident that at one time IL was
hoped that his Intervention In the bona
ing of his girl, Jean Gordon, that night
when she had been arrested for lettering.
would be a sufficient defence by way OF
alibi. but II was found that the testimony
of the American District messenger ana
the testimony which the proprietor OF the
Morningside Hotel could give would not
be sufficiently early to cover Dago
Frank.
The state has been able TO present deh-
mite and convincing evidence showing
that each of the four gunner participated
I'm firing upon Herman Rosenthal. -Four
witnesses give this testimony-Krause, the
waiter; Iuban, StanisCh, the young IN
ventor. and Shapiro. the chauffeur. Each
Of these witnesses has been attacked ana
each of them has come out OF the attack
with credit When their evidence Is
broadly considered and matched with the
known facts Of the case and with the
admission of the defendants that they
were there, there can be no doubt OF the
truthfuness of their testimony and that
II clearly reveals the brutal murder and
tho cruel mur6ererS.