The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-11
Copyright by Balm.

Mother and sister OF Dago
Riley. Superintendent Of Prisons can post
pone the execution until any time next
week although official notifications have
been sent out that II will take place Mon
day morning at o'clock. But Warden
Clancy decided at 10 O'Clock last night
that he would not interfere with the date
set for the execution. but in case OF an
adjournment OF the hearing to-day or in
case II !s not finished by tonight counsel
for the gunner may succeed through
either the Governor or Supt. Riley in
having the execution put of for a few
days.
The two witnesses appeared at Judge
wahles Office at 10 80 yesterday morning
One OF them, Burwell. had notified him
the day before that he would appear, and
he arrived in New York from Poughkeepsie
at / O'Clock Thursday
Judge Wahle said later that he cross
examined both men as II they were a
couple of burglars. he wanted to make
certain that their story would stand the
acid test before he went further with It,
he said.
Their statements were taken down and
they swore TO them. At 4 O'Clock in the
afternoon Judge Wahle took the afiidavits
to Justice Weeks In Part !. of the Su-
preme Court and asked him 10 sign an
order for the District Attorney to show
cause why new trial should not be
granted upon the ground OF the new evil
dence.
Justice Weeks took the matter under
advise ment and announced that he would
make his decision at o'clock.
Refers Question to Con.
A. that hour Justice Weeks referred
the application as it stood to Justice Con-.
In the normal course of events Justice
Weeks would have signed the order. which
would have been retuInab BILE before another
Justice, who would hav. referred II to
Justice Con. and the final argument upon
the new evidence might not have come
UP until possibly several days after the
execution.
1t was arranged with Justice Con that
Wahle should go TO the Justices home.
$40 West l0ith street. at o'clock last
night and make his application for the
order before him.
Assistant District Attorney Robert C.
Taylor, who has charge OF all the Court
OF Appeals cases for the District Attor-
ney's office. represented Mr.. Whitman, as
sisted by Deputy Assistant District Attor-
ney Stanle. l., Richter.
Judge Wahle reviewed the contents OF
all the affidavi,s which were sent to Gov.
Glynn. all of which have been made pub
lie. and then came to the new anldavits,
which he read.
II have received scores of offers from
crsnks and lunatics OF all sorts" he said.
but have rejected all of them, as l
knew that In the final analysis they would
hurt me more than help me. even though
for q time they did succeed in confusing
the issue.
Nov. however, submit these two
snidavits. / have cross-examined the
atlantis and they tell straightforward
stories in way which carries convic-
ton"
Juatice Con signs Order.
Justice Con here nterposcd a question
as to whether the mechanics of the law
would permit him to stay the execution.
Mr.. Taylor pointed TO section of the
code which vests the power OF a stay in
the Governor only.
I'VE will take care OF that" said Judge
Wahle. III Justice Gof sees III TO grant
q hearing upon this new evidence we vii,
make an application to the Governor for
probable that the Governor would wish
all the new evidence brought to light that
Is possible and that he would grant the
stay"
Justice Con- said that he had planned
to go out of town to-day. but that the
gravity OF inc SITUATION was SNtH llt' ne
would sign the order upon the Distric,
Attorney, returnable At noon to-day. SO
that the matter could be argued.
Burwell's affidavit begins by n state
ment that he is 26 years old. his home Is
In Waterbury. and that by profession
hs 10 an expert exhibition billiard player
These are the events that occurred on the
night OF July Is and morning of July l6.
as he narrates them
ION the evening ~ Tho 18th Of July. 1912
] was at North Beach, L. l., and came &c
New York by way ~ the Nintty-nintf
street ferry and after stopping at one oil
two places. reached Smith 4 Bryson's bill
lard room. over puwllugs saloon. at Forty
third street and seventh avenue, opposite
Shanley's. at ~ "A on the morning Of the
10th OF July, 1872. | had been al Smith
4 Brysons before on that evening aftel
coming back from North Beach, but re-
turned at about the hour stated In thl!
billiard room | met two young men whom
know, Manning and Flynn. who are per
formers and whose specially Is soft sho,
dancing.
I'VE stayed together that night In Smith
4 Bryson's and part ~ the time I'm from
OF their place, At Fnrty-third Gtre"t anC
broadway, until about n quarter of 2. w
walked together tn the subway station II
Times square and | left th' m To 70 cas-
on Forty-third street To the Hotel Ign
wood where | intended to stop that ph'
located at FortN-fourth street and SNti
avenue. They went in a nOrtheasterll
direction up Broadway.
Sure Tie would Know Assaasiu
80 walked east on Forty-,hlrd street