The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-11-16
DEFENSE RESTS IN
TRIAL OF GUNNER;
TO JURY TUESDAY
{ Continued from Page one,

the hands of the jury by Tuesday. The
lawyers indicated today that they would
spend all day Monday in summing up.
At 1920 o'clock Ciroficci took the box.
His testimony was almost verbatim The
story told by his three fellow gunner
yesterday. 1t followed 1t up to the point
where the witness said he left Whitley"
Lefty" and "Gyp the Blood" at
Bridges" poker room the night of the
crime He testified as to the visit of jack
Rose to his apartment. He wanted TO see
Whitley" and Lefty"
WAS anything said by Rose or any
body that night about the croaking, kill
ing or removing of Herman Rosenthal?"
the attorney asked. 1t was c. f. Wahle
quizzing.
1T was not" witness answered. The
only thing Rose discussed was the franz
ing up of Jack zelig, the gang leader. and
the shooting of Lefty" Louie in China
town. Rose wanted to explain his inno-
oence in both affairs. | said 10 Jack the
boys are from Missouri. You'd better
show them"
Looked for Gunner
witness testified Rose asked him to
come with him while they looked for the
other gunner" They boarded the au-
tomobile in which Rose, WALTON and
Schepps had come. When they arrived at
the poker rooms witness testified Web
Der related his DISAPPOINTMENT at not
finding the men at Franks apartment.
Bridgie said he would find them, Frank
testified. He telephoned somewhere, he
said. In nearly half an hour Bridgie
went downstairs and came back with
"Gyp," Louie" and Whitley"
Ciroficci, who was exonerated by his
three pals, spoke at length in his own be-
half also corroborating their stories that
Herman Rosenthal was shot by Harry
Vallon and Weber, informers for the
commonwealth and not by the gangsters
under orders from Charles Becker He
swore he had left his pals and was on his
way uptown to see his girl when the
shooting occurred, while the others just
happened to be unfortunately near the
Metropole hotel attack Roses invitation.
Rose was the states chief witness. He
declared the state had never importuned
him TO confess Witness declared he was
ready to prove his innocence of not being
in the clique working against Zelig, their
chief Witness was not shaken by the
cross examination. He gave emphatic an
swers.
He answered calmly that he had served
a 1all sentence for carrying gun. Wit
ness admitted he was half proprietor in an
opium den. Strengthening his alib1 wit
ness described his leaving the gang the
night of the crime. He visited his girl
nome, ne SAID. Sne was not lnere, as sfe
had been arrested for lettering, he said.
Witness said he secured bail for her.
Justice Golf Takes Hand
Justice Gon took a hand. He asked
Frank about his movements after he
left his three companions. These were
left downtown. Hartford, the marshal,
a lawyer, testified that William Shap-
iro, driver of the murder car had told
him in the Tombs that Sam Schepps
and Harry WALTON were his passengers
when he drove to the Metropole. Deputy
Police Commissioner Dougherty intro
duced to corroborate Marshall, was not
permitted by Justice Con- to do so.
John Hickey told OF meeting Rosen-
thai on the night of the murder with
Boob Walker, and of going to the Met
cafe. Rosenthal got up and spoke to
a man named ODay, the witness
averred. Witness said he then came
back and stayed 40 minutes or more.
"A man named Beau Brown Joined u.s."
witness testified. He said Rosenthal
went out to get some papers. Rosen
thai gave me a paper and while | was
on the curb glancing at IT I heard a
shot" Continuing Hickey said:
Looking up I saw the man. He had
. cap ] saw his nose and chin. 1t was
a long protruding chin and a straight
nose. He was about FIVE feet and eight
or nine inches and weighed about 100"
This description filled the mental pic
ture OF the mysterious stranger
Were either of the four men here
the man shooting at Herman Rosen-
thal?" asked Mr.. Wahle. indicating the
defendants in row.
Not one" said the witness.
Witness Hickey said four men fired
at Rosenthal on cross-examination. He
said he did not see the faces of the
three other gangsters. He said he had
known Rose, Weber and Vallon for
more than year but did not recognize
them as the men who fired, although
they were only about two feet from
him at the time.
Did you do anything to stop these
men fring?" Moss asked.
Took No Chance
NO, / took no chance" said Hickey.
Witness denied acquaintance with
any of the gangsters. Justice Goff asked
/ il any one of the three defendants did
|