The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-04-12
Judge Golf Declares New Evil
dence Not Strong Enough to
Grant a New Trial For the
Prisoners.
Governor Refuses
Frantic Appeal
With Faces Pressed to Bars the
Condemned Men Hear News
of Refusal Threatening Let.
ter Sent to Judge in Court
No Arrests Yet.

NEW YORK. April ii.-The sun
mems fight In the courts for free
dam. or for a. new trial, or for a stay
OF execution. in short for any action
which would keep them from the
death penalty at A. Nj. Monday, is
ended.
Justice Goff decided late tonight
that there is not enough merit in the
new evidence presented to him during
the day by Charles g. +. Wahie'
counsel for the four. TO cause him ,to
grant q new trial.
He refused the application Tor
new trial made TO him by Mr.. Wanle'
and there is no more hope in the
courts for pago Frank Cirofici. Lefty
Louie Rosenberg. Gyp the biooo
Horowitz, and Whitley Lewis. alias
Jacob Seidenschner.
Mr.. wahle had made his plea on
the ground Of newly discovered eVi-
dence. He produced four witnesses
whose story has never before neen
told in court
One OF these men testihed ina.
Dago Frank was ~ one Hundred and
Forthwith street and Seventh ave
nue. ten to fifteen minutes after the
actual shooting. another testified that
as the murder car was speeding from
the scene Of the crime he saw Harry
WALTON standing on the running poardr
and a third said he saw man VINO
was not one OF the Eunmen shoot
two Of the tatal bullets. while the
fourth said tina, he saw and plainly
recognized Sam Schepps, Bridge
wsbber and Harry WALTON IN the car
rs II shot east on Forty-third street
nj f.65 A. M july 16, 1al2.
Breaks Up Defense.
Mr.. whitman. who had arrived
back from Chicago 1uN IN time 10
hurry to court TO oppose the apph-
cation, produced a police witness VINO
denied surrounding circumstances
narrated by the witness who tried to
establish the allhi for Dago Frank;
he proved that two OF tho other wilt
nesses had been convicted OF crime,
and in cross examining the fourth
new witness, he brought out several
improbable incidents according 70
4 Justice CSoff. In relation to parts OK
the testimony.
Little behind the main issue in In
terest il the story of threatening
note. handed to Justice Con Just aIter
the session began A court officer re-
ceived II from a private detective.
who said he got 1t from man IN
the corridor whom he did not know.
Threaten Goff.
Justice Goff refused TO make
known the full contents OF the note.
tnt he admitted that it contained
threat He began an investigation IN
the courtroom to learn the sender or
instisator of the threat. but 1a'fen
tn make much progress Rahni
Brown. who had figured in the case
in tho appeal to Governor Glynn for
n reurieve Was put on the stand IN
the course of this investigation. he
denied knowledge Of the note. or or
the sender, hut thought 1t might nave
been one OF two persons
Later in the afternoon he reap
reared sn court. and sent word 70
TnUt,rc Golf that he had learned the
nromrter OF the note. but at that
moment Justice Golf was too busy
With the main inquiry TO take up the
matter Just then,
/, Ia known that the note contained
reference to a Judge who was as
eassinated because Of his strictness on
the bench and contained an impiica-
ton that IL Justice Goff pursued the
Same course he might meet the same
FATE. All Justice Gof would say
ahout it was that 1t contained
threat.
1T was severe strain upon my
eouanimity at that time" he added.
District Attorney Whitman will take
up the matter on Monday.
In announcing his decision. Justice
Con compiimented Mr.. Wahle upon
the fight he made TO save the gunner
hut added he could not grant q new
trial on the testimony adduced.
Governor Won't Talk.
ALBANY. N. Y, April lit have
nothing to say.
This was Governor Glynn's only
comment tonight when he was ad-
vised that Justice Golf had denied the
motion OF the gunmen's counsel Tor
new trial. The governors tone In
dicated that he had washed his hands
Of the case. and that the fate OF the
gunner had been decided by Justice
GofY
osSINING, N. T.. April 1.-THE
fonr runmcn-Dago Frank, Gyp the
Blood, Lefty Louis. and Whitley Lewis
--xraspad thu bars OF their cells Until
their kruck.es cracked: they pressed
their faces close TO the bars and fast
ened their eves on Warden Clancy at
1910 tonight The warden had just
entered the death house and walking
slowly down the corridor he carried .
piece or paper In his hand. The gun
men knew That the paper meant res
pite or death.
awell. buys." said tho warden, and
his voice faltered He looked from
one face TO another. His face and his
tntonation carried the message TO the
four hoping, still nghung, GUNNER I.
81 am scs1y am the bearer q q bad l
4 news SGlttn, = Il
4 .s3c ahsaA, warden. said one of the
n - q 81 . y $3.50 = 49,