New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-16
Gunmen's Defence Rests, IS
Witnesses Corroborating Tes-
timony-No Identification
of Weber or VaIIon.
MAY REACH JURY MONDAY
Star Eyewitness Landlady
Declares He Was in His Room
When Gambler Was Shot
Rose Never Mentioned
Rosenthal, Prisoners Say.

The defence rested its case yesterday
at the trial Of the four gunmen for the
| murder Of Herman Rosenthal.
"Dago" Frank Cirofci. the last of
the quartet OF defendants to testify,
| told a story that correspondeC in every
| detail so far as reference had been
made to his movements on the night of
the murder, with that OF his compan-
| ions on trial. They had sworn to an
albi for him, in that he was not a
witness to the shooting with the other
three, and he enthusiastically support
| ed it In his testimony. II Is understood
| that the District Attorney will call
witnesses In rebuttal to-day, VINO are
expected to explode Ciroficrs alibi.
The defence called about fifteen wit
nesses in an attempt TO corroborate the
| stories of the gunmen and rested its
case at the adjournment Of court for
| the day. None of the witnesses actual
! ly identified "Bridgie' Weber or Harry
| Vallon, the states witnesses, whom the
! gunmen swore they saw do the shoot
| ing, as the men who welded the guns.
! One witness testified that he saw
! Weber running from the scene Of the
| shooting, but his testimony was ma
! terially weakened by Assistant District
Attorney Mos on cross-examination.
Woman's Startling Testimony.
The nearest the defence came 20
| identifying the quartet OF states wit
| nesses-Rose, Weber, Vallon and
| Schepps-as having been at the scene
of the shooting was through a little
| old fashioned woman, Mrs. Mary Ellen
| Kydd, who said she ,ld newspapers
and chewing gum In the Tenderloln at
night She offered the startling tesu-
| mony that she had seen four men
standing opposite the Metropole just
prior 10 the shooting, and had turned
around at the sound OF shots after she
had passed them and saw the same
men shooting at a man in front Of the
Metropole.
Her description Of the four men tai
I lied fairly well with that of Rose, Val
lon, Weber and Schepps. Her story,
however, was not convincing, and her
testimony also was severely discredited
on discrimination.
Descriptive hints at the fifth strange
man"-supposed to refer 10 one known
as '1tsky"-who the gunmen swore had
hand in the shooting, were made by
, one or two eyewitnesses called by the
defence, but he remains still an unde-
Unable and mysterious person. John
J. Hickey, a bartender, who was with
Rosenthal in the Metropole before the
gambler was shot, testified he saw a
man fire one Of the shots. From
Hickey's general description he might
possibly fit the description of the
strange man" as given by the defend
ants. Hickey said the mans hat was
pulled far down over his face and he
saw only his nose and chin.
May Charge Jury Monday.
With the calling of witnesses in re-
buttal day. the trial will reach the
point OF summing up by both sides.
Charles G. +. Wahle, chief counsel for
tn, gunmen, will present the final ar
gument 10 the jury in behalf OF his
clients on Monday morning. Assistant
District Attorney Moss will sum up for
the prosecution on Monday afternoon
Each side expects to occupy about three
hours in the summing up. Justice Goff
intimated he might charge the jury be-
fore the adjournment of court and give
the case to the jury on Monday night.
II Is no. expected the jury will de-
Iiberate long upon the verdict.
The state is placed in a position oil
having TO call Bridge" Weber and
Harry Vallon in rebuttal in order TO
offset the direct charge Of the murder
~ Rosenthal made against them by the
cunmen. District Attorney Whitman
said Yesterday while he did not think
the testimony of Weber and Nallon
uouId affect the verdict of the jury one
way mr. the other, 1t was necessary to
call them to get their denials on the
rocord I'm order to obviate a possible
Ground for appeal il they were not
called
Rose and Schepps may testify to re-
but the testimony Of the gunmen that
,hey were with Weber and Nallon
ubep the two shot RosenthaL. Schepps
nrobably will also testify in denial of
the testimony yesterday Of James Ma
lonov. a keeper in the Tombs, who
swore that shapiro, the chauffeur OF
tho murder car" had told him Schepps
was the man who placed revolver
.t his head in the car after the shoot
ino ond commanded him to drive away
hurriedly.
A dramatic incident came unexpect-
edIv lust before the adjournment OF
court Yesterday. The four 'informers.'
Rose. Weber valloa and Schepps. were
brought into court and lined up nearly
behind the gunmen for the purpose Of
nossible Identification by Giovanni
stanish. one of the principal witnesses
for the prosecution. who Identified
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