The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-11-14
STATE RESTS CASE
AGAINST GUNMEN:;
DEFENSE OPENS
Will Try To Show None of
Four Took Part in
the Shooting
UNKNOWN MAN is
BROUGHT INTO CASE
Justice Golf Denies Motion of De-
Tense to Dismiss the Case-Coun-
sci Claims Men Were
Lured to, Scene

New York, November 13.-The state
rested its case tonight in the trial of the
four gangsters accused of numbering the
gambler. Herman Rosenthal. at the insti-
CATION of Charles Becker. and counsel for
the gunner opened for the defense, de-
claring he would show that none of the
four took part In the shooting or In any
way were connected with the plot to kill
Rosenthal. He declared he would show
the four were lured to the scene on a
pretext and that the shooting in front
Of the Metropole, where Rosenthal was
laid low, was done by Bridge Weber,
Harry WALTON and a mysterious stranger
who was thus brought into the case for
the first time.
The defenses outline of its case, traced
by the gunmen's attorney. c. G. F. wahie,
was not concluded until nearly o'clock
tonight. Court was then adjourned until
tomorrow, when the first witness for the
defense will take the stand.
When the prosecutions last witness had
testified, Justice Golf denied Mr.. Wahle's
motion to dismiss the indictment and ac-
quit the defendants. The lawyer then
outlined his defense, after going into a
personal history of each of his clients. de-
claring that bad as their records might
be, they were not guilty of the Rosen-
thai murder. He announced his intention
of placing each of the gunner" on the
stand He would show that Frank CT
rofici, one of the four. was at home in
his own fiat at the time of the shoot
ing, Mr. Wahle declared, and that it was
only their interest in their friend, the
East Side gang leader, Jack zelg, that
had brought any of them near the scene
of the crime on the morning of July 16.
Only Cirofici was in the so-called murder
car that ngiht the attorney said, and this
was some time before the shooting.
Fear of Rose, the Key
The fear of Jack Rose, the informer,
OF Jack Zelig's vengeance growing out
Of the alleged frame up of the gang
leader. when he was arrested on n
charge of carrying concealed weapons,
vas the key TO such negotiations as
took place between the gunner and
R0se, counsel declared. 1t was repre-
sented to his clients, Mr.. Wahle said,
that Rose. having heard that Zelig sus-
pected him of inspiring the frame up,
wished to show zelig's friends that the
suspicion was entirely unfounded. The
night Of the murder. counsel continued,
his clients had been summoned TO
Bridge Webber's place on Forty-sec-
end street
Cirohci, who was in the Bronx, was
brought down by Rose, Sam Schepps
end WALTON in the car while the others.
summoned by telephone from restau-
rant on Second avenue came by the
subway, Mr.. Wahle continued. They
went into Webbers resort whore they
net Rose Weber, WALTON, Schepps and
a stranger whose identity Mr. Wahle
did not disclose. Rose, the attorney
said, assured them that he would have
steinert and White, the police officers
Aho were accused of executing the
ectual framing up of Zelig, meet the
quartette of zelig's friends and assure
them that neither Rose nor Becker in
spired the frame up but that the or
ders for that proceeding came from
headquarters.
Rose Weber, Vallon, Schepps and
The fifth man, the stranger went out
leaving the gunner talking, Mr.. Wahle
continued, but the fifth man shortly
came back and told them Rose wanted
&c see them in the Metropole.
Dago Frank Went Home
"Dago Frank said that he had more
important business up town and went
home to his fiat Mr.. Wahle went on,
''put the others- accompanied the stranz
ser around to the hotel, stopping for
q moment opposite the Cadillac, short
distance from the Metropole." Oppo-
site the Metropole, according to Mr..
Wahle, Weber, Schepps, WALTON and
Rose were standing. Continuing Mr..
Wahle said.
The fifth man in the party said:
:" Wait till | tell them you are here
The fifth man then went across to Web
Der. WALTON, Schepps and Rose and Horo-
witz. Rosenberg and Mueller started to
walk east In Forty-third street. Web
Der and WALTON, who were opposite the
Metropole, crossed over and with the man
whose name has not yet been disclosed,
started to shoot and these boys, fearing
another Cinnamon episode, started home
by way OF the subway. This group of
five men-Vellon, Rose, Schepps, Weber