Norwich bulletin., 1914-04-11
Supreme Court Justice Golf Signs Order to Show
 Why One Should Not be Granted.
STARTLING EVIDENCE HAS BEEN DISCOVERED
Counsel for Condemned Men Presents Affidavit of Man Who Saw "Bridge" Webber, Sam Schepps and Harry Valon in the Car that Sped Away After Rosenhal was Shot Order is Returnabe at Noon Today.

New York, April 10-Supreme Court Justice Golf tonight signed an order making it mandatory for District At torney Whitman to show cause why four gun men now in Sing Sing awaiting death in the electric chair for the part they played in the mur- der of Herman RoseuthaI, the gamb- Ter, should not be granted a new trial.
 The order is returnable before Jus tice Golf who presided at the trial Of the gunmen, at noon tomorrow and was obtained upon the ground that new evidence had been discovered.
 This new evidence in the form of affidavits was presented to Justic Golf by Charles G. T.. Wahle of counsel for the condemned men. The sfgner of one affidavit swore that a man whom he could identify and who was not one of the gunmen was in the firing party whose shots killed Rosenthal. The other declared that he saw Sam Schapps "Brfdgie Webber' and Harry Vallon, the informers and not the men convicted, in the car that raced away from the scene of the crime after the tendcrloin gambler had been shot to death in front of the MetropoIe hotel.
 Order Served on Whitman.
 The order was served upon District Attorney Whitman tonight and prepar- ation of arguments to show why the gunmen should not be granted a new
 
 A sharp legal battle is expected be- fore Judge Golf when the order is re- turned.
 The two principal affiravits which Wahle urged Justice Golf to cor slider before the latter signed the order were those of William F. Burwel Of Waterbury, Conn.,, a professional bii- Hard player. and Karl DreSner, a. bar tender of New York.
 Startling Afidavits of Eyewitness,
 The two afFidavits upon which coun-
 sel for the gunmen based their hopes were signed by William E. BuTwel a professional billiard player Of Water bury, Conn, who has given exhibitions all over the United States, and Kari Dresner. a bartender of New York Burwell declares he saw the first shots fired at Rosenthal by c man whom he says he could identify if he saw him again. and he is certain this man was photographs he was shown today. Dresner VafidaVit places Brtdgte Webber Sam Schepps and Harry ValIon in the murder ac after the shooting as the car was being speeded through FOrty-Third street. MurwelP 8 affidavit says that on the night ROSen- than was shot shortly after a. m., he with two actor friends named Man ming and Flynn, left the pool room over DoWling'S CafJ in Times square and crossed the square leaving hlS
 friends near the subway entrance while he crossed F'irty-Third street diagonally, passing the door of what then was the Cadillac hotel. next to | the MetropOIe in front of which Ro-
 senthaI was shot. Just as I passed the door man not five feet away from me raised his arn,' his affidavit continued There were two flashes, two reports, and the man with the re- voIver lied across the street toward the stage door of the Conan theatre.
 Right in front of that door gray touring car was standing. Several men were in it. As the man who fired the first two shots fled for the automobile there were two or three more reports and then the men who had come from the Hotel Metropole | dropped to the sidewalk l cannot | say whether the last shots came from | men standing in the street or men in i the auto Immediately after the shots
 were fired the machine started with a ! jerk and dashed through Forty-Third | street in the direction of Sixth avenue 1 his-memorandum came to the gov | ernor by mail. Another, said to have ] been dispatched by messenger, had