The Birmingham age-herald., 1914-04-12

MT. Mann. think together work together and vote together. And in the end we will get together and then woe be unto you on theother side ofthis House, if we act real we'll We have been having a family quarrel in one word but you had better keep out of it."
 preparation and combination on the part of the main defendants for the commits sion of crime, it was merely step in the progression of proof and a con tradiction of that, even if true, would of itself be wholly insufficient to warrant the granting of a new trial. This wit ness went to narrate what he says he observed on the morning of the 16th, when Rosenthal was killed. He did not testify that he saw the killing or heard shots. notwithstanding he was in Forty third street at the time of the killing ard the passing of the automobile. He claims to have identified Nalon, Webber and Schepps in the passing automobile It is remarkable that this witness should be found to be present at these two inn portant times, that is. on the 18th at the Garden restaurant and on the 16th on Forty-third street at the time of the killing. Intrnsically, this testimony is un- worthy of credence, and if there was any element for that conviction it is furnished
 
 knowing the widespread notoriety given to the murder of Rosenthal, and knowi- edge on his part of the importance of his testimony, he refrained from coming for ward and making known to counsel for the defendants or to the district attorney what he had heard and observed. The only reasons he assigned for his failure Is that he was in fear of his life: of whom he was afraid he does not state and his failure. where human life was involved to come forward as a witness until the last hour when opportunity for exami- ration or contradiction is not given, is a circumstance of invention so strong that no reliance can be placed upon his tes- timony
 Heard Two Shots
 "Burwell testified that when in For ty-third street on the morning of Ro- senthafs death he heard two shots and saw the man who fired the shots turn. He said he did not know the man, but described to some extent his personal appearance. The point of his. testimony rests on his statement that neither of the four defendants was the man who fired the shots. Burwe1l never saw either one of the four defendants, and the only knowledge he has of them was derived from his seeing some pie lures purporting to represent the de- fendants in a clipping from a newspa- per.
 "It is unnecessary to dwell for d moment on the utter insecurity of such testimony as tending to anything like accurate Identification. The mere neg ative statement that the man who fired the shots was not one of four per sons whose faces are outlined in a newspaper, without any evidence that such outlines are true and correct rep resentations of the defendants and in the face of positive testimony that the defendants fired the shots. is worthless Identification from portraits in itself Is risky and dangerous and without some supporting or connecting evidence should not be given much weight in a court of law. But Identification by newspaper cuts goes to yet greater extreme, and no value should be at tached to it. This witness, like Dresner. maintained silence until the last hour. notwithstanding that he knew of the public interest and excitement in the case.
 Delivering of Note
 "Reo testified to the delivery of a note from female friend of Cirofici at his house. The only bearing that this testimony can have is the alibi inter- posed by Cirofici at the trial. Evidence to sustain an alibi on a motion for a new trial, where the alibi has been passed on by a jury is, according to all the authorities standing alone and unsupported by unquestionable proof of little or no value. This witness like the preceding witnesses. did not come forward until the last hour, to give