New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-16
SWEAR TO ALIBI
FOR "DAGO" FRANK
Whitley" Lewis as on. Of tn. men he
Continued from Hrst page.


saw fire :; Rosenthal.
The quartet Of states witnesses were
brought in at the request of counsel
for the defence, who raised the point
that Stanish had been doubtful in his
identification Of some Of the defend
ants. Mr.. Wahle evidently thought
there was a possible chance Stanish
would identify Weber or WALTON. The
witness declared, however, that he had
| not seen Rose, Weber, WALTON or
Schepps at the scene Of the murder.
Defiant Chances for Aeeusers.
The sudden confronting Of the gun
men with all four men who were most
responsible for their indictment for
murder was almost too much for the
Zelig gang members to stand. The four
boys" as their counsel refers to the
defendants, shot chances Of defiance at
Rose and the others as they stood
near by. Whitley" Lewis was almost
within reaching distance Of Schepps as
the latter stood behind the gunmens
counsel. Whitley" appeared to be
greatly excited and exerting strong
effort to restrain himself.
Schepps stood with his overcoat neat
~ folded over his arm, with the silk
lining turned out, and glanced at
Whitley" and the other gunner non
! chalantly with the suggestion OF
| smile playing about the corners of his
| mouth. Rose, Weber and WALTON did
not favor the gunner with even a
| glance.
Mrs. Rose Sherry, landlady Of the
boarding house at No. 200 West 43d
| street, where Stanish lived, testified
that the states star eyewitness was
| in his room at the time Rosenthal was
shot and could not possibly have seen
the shooting. as Stanish testified. The
witness said she heard the shots and
ran to the front door to see what had
happened and met Stanish in the hail.
He had come out Of his room, on the
same floor, evidently having heard the
shots. too. she said.
Stansh testified that he was stand
ing near the Metropole in West 43d
the shots and turned and saw the
shooting He identified Whitley
Lewis as one Of the men he saw hre
at Rosenthal. When Stanish was re-
called to the witness stand he denied
that he occupied a room on the same
floor with the landlady.
One noticeable point in which the
testimony Of "Dago" Frank differed
from that OF his co-defendants was
that he frankly confessed to having
carried a revolver at one time. He
even admitted that he once mas con-
victed for carrying concealed weapons.
including "a revolver and a slung-
shot" In that respect perhaps he
qualified as the only real" gunman
among the four gansters; at least he
was the only one to acknowledge 1t TO
that degree.
His record of crime, however, as
brought out on cross-exGmination,
falls considerably short OF those Of
too. for beating" the charge OF muir
der, provided the jury gives his abb
any weight, appear 10 be much better
than the chances Of his companions.
Admits He Was Convicted.
Mr.. Moss brought the gun incident out
early on the cross-exsmination. He asked
"pago' Frank IL he had ever been con-
victed of a crime, and the witness admit
ted he had. His cross-examination then
proceeded:
Q.-When. AIN December, 1906.
Q;-What for? A.-For carrying CON
cealed weapons.
Q;--What weapons? A revolver and
a slungshot
Q.--HOw old were you? A.-Twenty or
/ Q.-What sentence did you get? A
Elmira Reformatory.
Q.-What were you doing with a re-
volver and slungshot? Al put them
| was arrested.
Q.-What for? A.-They were given TO
me by an eX-conyict.
Q.-What were you talking TO the ex-
convict for? Al didn't know he was an
eX-convict at that time.
Mr.. Wahle went over the same ground
with the witness Cirofci up to the time
OF the shooting as he had with the other
defendants. "Dago" Frank mad, the
most impressive witness OF the four He
handled himself with better mental poise
on the witness stand and used pretty
good English throughout his testimony.
He spoke In a clear, well modulated voice
and took time TO think in answering
the questions. A sense of humor, which
appeared TO be lacking in the other gun
men, cropped out in Ciroici at times, and
he smiled apprecatingly at some OF the
questions asked him, but never so as 10
create the impression OF sarcasm or ridI-
cule. He was the first witness called yes
terday.
He told Of the visit Of Rose and Schepps
TO the apartment Of Lefty" Louie In
Southern Boulevard, when he said Rose
tried to square himself on account OF the
suspicion which the four defen da nts had
that he, Rose. was responsible for franz
ing up big jack Zelig on a charge OF
carrying concealed weapons
There had been no conversation about
killing Rosenthal, as Rose testified, he
said The only time he and the other
defendants had met and talked with Rose,
Weber, WALTON or Schepps, the converse
ton had always been confined to the
Zeng matter. 1t was in regard to Zelig's
arrest that Rose had the four of them
come to "Bridgie" Weber's poker parlor,