The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-10
RABBI WILL APPEAL
FOR GUNNER TO-DAY
Or. Browns Lawyer to Petition
for Stay Of Exc
cutiOn.
HE BASES PLEA on NOTE
Says Message Sent to Mr.. Sui
ger by Frank Moss Justi-
fies Action.


Albany, April s.-Appiication for a
new trial for the four gunner on the
ground OF newly discovered evidence will
be made to a Supreme Court Justice In
New York city tomorrow. declared Rabbi
r. NJ Brown Of New York nfter ne had
talked with Gov Giynn and his legal ad-
wiser tonight. Assistant District Attor-
ney James A. Delehanty. who was present
at the conference, agreed to the service
Of a short notice and indicated that Dis
trict Attorney whltman's ONCE did not
object to this course. Throwing them
selves on their knees and waiting loudly.
the wives OF Lefty Louie Rosenberg and
Gyp the Blood Horowitz and the mother
OF Whitley Louie Seidenshner appealed to
the Governors pardon clerk for q respite
for the gunner. The women were accom-
panied by a Mrs. Volk Of New York. who
was dressed in black and wore a heavy
veil. The four women entered the ONCE
OF the pardon clerk after one OF the at
taches of the Executive Chamber had told
them that the Governor would not see
them.
IL refused to see them" said Gov
Giynn later, because II would have been
OF no use. II would only have meant
another dramatic scene. and l could not
stand that"
Women Are Hysterical.
Mrs Rosenberg pleaded with the par
don clerk to permit her to see the Gov
ernor. but the Governors advisers had
warned him that he should not give the
women access to his private Office. Lefty
Louies mother paced the corridor outside
the Executive Chamber crying aloud and
in broken English declaring that her son
should not go to the chair. The other
women also presented pitiable sight,
gathered around the entrance TO the
Executive Chamber wringins their hands
and wailing.
IT have no crocodile tears to shed for
these men. but my heart is breaking for
their people" said Mrs. Volk. as the heart
broken wives and mother left the Capitol
Mrs Rosenberg wrote a note to the Gov
ernor. but could find no one to carry II in
to him. and as she walked away from the
Executive Chamber she cried:
oh This is terrible, Why will he no.
listen to our prayers? Must they die when
there Ia a chance of the true murderer
confessing at the Becker trial.
Mrs Volk declared that there were nve
witnesses who could testify that the boys
were not al inc scene OF t1s nuTucI, put
would not do so unless they were paid.
One Of these she said. wants $1,000 and
another 5000.
The women met Senator Frawley out
side the Capitol and appealed to him
TO see the Governor In behalf OF the
four boys. The Senator was perceptibly
embarrassed by the weeping women and
was glad to get away when they turned
their attention to some one else.
Rabbi Browns Appeal.
A note which read BE sery careful
as to anything given by Luban and
Morgalies." which DR. Brown said former
Assistant District Attorney Frank Moss
wrote to Gov. SulGer during the impeach-
ment trial. will be used AS the basis for
Rabbi Browns application. DR.. Brown
showed the note TO Gov. Glynn and his
legal adviser as well as to Mr. Deiehanty.
who said it was worthless as evidence.
The story behind the note. AS told by
Or. Brown. is as follows;
ION August 2S, after Gov. Sulzer had
been impeached. he wired me at Wash
ngton to come to Albany to help him.
He asked me TO swear that ] had knowl-
edge OF Mrs. Sulzer using his campaign
funds to dabble In the stock market He
wanted me TO assume that as her conf
dant she had told me about using this
money. Gov. Sulzer said at that time
that he and Mrs. Sulzer would go on
the stand and. swear that she had used
this money II would corroborate their
testimony. | refused to do this. althoug h
he said that IL did 1t would save him
from being removed from office.
Before coming to Gov. Sulzer stopped
in to see Mr.. Moss in New York and he
had heard that Luban and Morgalies. who
corroborated important evidence against
the four young men. were negotiating
with Sulzer, and also with Senator Fraw-
ley. to commit perjury al the impeach-
ment trial for money. lie accordingly
wrote this note warning Sulzer. After
ward Sulzer sent II back TO me. and while
looking over some papers In my library
the other day l discovered II. / will 70
back to New York and will urge some
prominent Jewish lawyer TO use this note
and go before a Supreme Court Justice
for the purpose OF seeking IA new trial and
staying the execution"
Dr. Brown said tonight that when he
was talking to MIR. Moss about the note
he said to him:
Mr.. Moss, how could YOU convict these
men upon the testimony OF Luban and
Morgalies. whom you call the lowest OF
the love-"
After Dr. Brown had talked with John
Godfrey SAKE. legal adviser to the Gov
ernor. for an hour or more the latter
stood up and said loud enough for every
one in the Executive Chamber to hear
him: This Office can do nothing now.
The case Is out OF our hands"
When the Governor left the chamber he
was met in the corridor by DR.. Brown.
who made another appeal for a reprieve
until he could make an appeal for a new
trial The Governor told him that II the
evidence he had warranted It there would
he no necessity for n rcprieve for a SUI
prems Court Justice could stay the execu-
ton by the issuance OF an order return
able on fixed date for arguments ON tho
application. which would act as a STAY.
Tho Governors legal adviser and his
pardon clerk, owen l.. Potter. who has
bsen handling criminal cases for ,v.n..'
years. believed. as did Assistant Dlstr,c,
Attorney Delehanty, that the note does