The Mobridge news. [volume] (Mobridge, Walworth Co., S.D.) 190?-1917, 1914-04-17
AFF|DAVTS MAY
SECURE REPR|EvE
MUST SHOW CAUSE WHY GUN.
MEN SHOULD NOT GET
NEW TRIAL.
COURT ORDER IS ISSUED
Justice Golf Will Try, in the Mean.
time, to Get Stay for Quar-
tet Until Conclusion of
Proceedings.

New York, April 13.-Supreme Court
Justice Golf signed an order making
it mandatory for District Attorney
Whitman to show cause why the four
gunner now in Sing Sing awaiting
death in the electric chair for the
part they played in the murder of
Herman Rosenthal, the gambler,
should not De granted a new trial.
The order is returnable before JUS
tiCe Golf who presided at the trial
of the gunner, Immediately and was
obtained upon the ground that new
evidence had been discovered.
Affidavits as Evidence.
This new evidence, in the form Of
~atlidavits. was presented to Justice
Golf by Charles G. f. Wahle of coun-
sci for the condemned men. The
signer of one affidavit sWore that a
man he could identify and who was
not one of the gunner was in the
firing party whose shots killed Rosen-
thai.
The other declared that he saw Sam
Schepps, '%Bridgie' Weber and Har-
ry WALTON, the informers and not the
men convicted, in the car that raced
away from the scene of crime after
the tenderloin gambler had been shot
TO death in front Of the Metropole
hotel.
The order was served upon District
Attorney Whitman and preparation of
arguments to show why the gunner
should not be granted a new trial was
Immediately begun.
Chief Affid avits.
The two principal affldavits Wahle
urged Justice Golf to consider, before
the latter signed the order, were
those OF William f. Burwell of Wa
terbury, Conn. and Karl Dresner, a
bartender Of New York.
Burwell declares he saw the first
shots fired at Rosenthal by a man he
says he could identify if he saw him
again and he is certain this man was
not one of the four gunner whose
photographs he was shown.
Dresner's affidavit places Bridge"
Weber, Sam Schepps and Harry Val
Ion in h murder car after the shoot
ing as the car was being speeded
through Forty-third street.
Burwell says in his affidavit that on
the night Rosenthal was shot. shortly
before 2 a. m, he passed the door of
what was then the Cadillac hotel. next
10 the Metropole. in front of which
RoSenthal was killed
Describes the Shooting.
Just as | passed the door a man
not five feet away from me raised his
arm" his affidavit continued. There
were two flashes, two reports. and
the man with the revolver fled across
the street toward the stage door OF
the Conan theater. Right in front OF
that door a gray touring car was
standing. Several men were in 1t. AS
the man who had fired the first two
shots fled for the automobile there
were two or three more reports, and
then the man who had come from the
Hotel Metropole dropped to the side.
walk. | cannot say whether the last
shots came from men standing in the
oliCcl VI iHtH III the m
mediately after the shots were Aired
the machine started with a Jerk and
dashed through Forty-third street in
the direction Of Sixth avenue"
In the excitement that followed the
shooting, Burwell said he saw a DO.
liceman coming his way and deter.
mined 1t was best not to get mixed
up in the affair. Accordingly he left
for Bridgeport on the first train he
could get. Burwell adds that he had
resolved never to reveal what he
knew, but when he learned Thursday
that Governor Glynn had refused to
grant the gunner a reprieve, he de-.
termined to tell his story.
Justice Golf indicated, it is said
that he will attempt by communicat.
ing with Governor Glynn to provide
against execution until after the con.
clusion of the present proceedings.