The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-11
Copyright by Balm
MRS MARY CIROFICI AND DAUGHTER. MARY.
Mother and sister Of Dago Frank CiroAci Sing Sing

Frank CiroAci a Sing Sing.
line toward the north side Of Forty-third
street toward Sixth avenue. My two
friends l could see as they approached
the Broadway side of the Cadillac. right
at the corner of Forty-third street and
Broadway. and there l called to them
so long
AS / was crossing the street. I sud
denly heard some shots the first shots
that | heard were two; they were fired
by man whose back was toward me
he was about as tall as l am, and my
height is s feet s inches; he wore a soft
felt hat. After this man had fired the
two shots he turned around. starting to
cross toward the south side OF Forty
third street in the direction OF gray
automobile which was standing near the
stage entrance Of Cohans Theatre. near
the big gate that Is there.
II then saw this mans face. I do not
know who he was. but ! am convinced
that / can pick him out OF any number OF
men. have seen pictures OF the four
defendants, and | am positive that not
one of them is the man whom saw shoot
ing"
Judge wahle explained that Burwell
had been shown the best pictures of the
four gunner that he could get which
were the pictures printed in THE Sun
the morning after the men were convicted.
BurWellS afndaNlt continues.
Il saw this man go to the automobile.
and after the first two shots were fired.
some more shots were fired from behind
me from the direction Of the automobile !.
whether they were fred by persons who
were on the streets between me and the
automobile or by persons who were in
the automobile. cannot say but
I am positive that I saw this one man
who fired two sots at the man who came
out OF the Metropolc entrance, and whom
have since found out was Herman Ros-
enthal.
Not One Of Gunmen, lie says.
81 am positive that the man whom
saw was not one OF the defendants whose
pictures | have seen at the office OF Wahle
X Kringle and which are hereto annexed.
Il distinctly remember that the auto
mobile was running. and Immediately
after this man passed me on the way
toward the automobile the automobile
started off as II shot so far as ! can
tell the machine must have been going
at least forty miles an hour.
while this was happening ! saw peo-
pie come out of the Metropole. and dis
tinctly remember seeing one man come
out. jump into a taxcab and start in
pursuit OF the machine. l also saw walt
ers come out OF the place.
II positively swear that none OF these
pictures shown In the annexed clipping
Is the man whom | saw shooting.
after the shooting | saw a policeman
and he approached to where | was. I
got out OF the way not desiring 10 be
mixed up in the matter and went back
to Dow!lng's corner and went into Cod
d!ngtons lunchroom and stayed there
until a little after 8 o'clock. then took
the train TO Bridgeport. Conn"
Explains Delay in Telling Story.
Burwell gives this explanation OF how he
happens to come into the case at this
| hour:
Il stayed away from New York with
! the exception OF short visits OF two or
three hours since then, fearing to be
mixed up IN the matter and hoping that
my testimony would not be necessary
ION the 9Th OF April. 1914 Thursday
! was at Cussack's Hotel in Poughkeepsie
y. Y, and learning from the newspa pers
/ that Gov Glynn had refused to give these
young men reprieve ! determined that
u was time for me to come to the front.
| Mr., Capdanno and ! then went to Mr.
! sherman, an attorney in poughkeepsie.
/ ] told him what | knew and asked his
| advice, Mr., Sherwood told me 1t was my
duty TO come to Judge Wahle at once.
| Thereupon Mr.. Capadanno. az my re-
quest, rang up Mr.. Wahle. Mr.. Sherwood
also rang up. and We left Poughkeepsie
/ at 10 o'clock last night, and arrived in
/ New York at 1--WE minutes past ! In the
| morning, rang up Mr.. Wahle at his house,
/ and made an appointment 10 meet him at
his Office. Up To that time, when ! saw
Judge Wahle and his partner. Mr.. Kringel
/ ] had never seen either of these two men
before. had never communicated 10 them.
nor to any OF these defendants. In any
way. shape or manner, what I have
! seen"
Burwell concluded with the statement
that he was not being paid for his testi-
mony. except that carfare TO New York
Was given to him He said that Manning
and Flynn, who establish his presence on
| Times Square on the night OF the murder
at the time OF the murder. are now with
a show called Little Johnnie Jones'"
which opened In Fitchburg. Mass, some
time last week.
Knew All In Conspiracy.
The other new affidavit was made by
! Karl Dresner OF l+7 East Fifty-ffth
street. "A bartender, who used TO live on
I Firth street near Second avenue and CON
scquently. he swears. he knows Jack
Rose. Brldgey Webber, Harry WALTON,
and Sam Schepps. and knew Herman
i|~senthal well. He knew Vincent, a
waiter In the Garden restaurant. Fifty
second street and Seventh avenue. well,
and often called upon him. he says as he
hoped that Vincent would get him job
In the country The affidavit continues
early on Saturday morning in July.
1912. which | now believe was the 13th.
was ~ the Garden Restaurant waiting
for the bar to close ~ that could see
! Vincent,
Some time between ! and O'Clock on
that morning, while was STANDING near