South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-11
COURT BATTLE IS
FINAL HOPE FOR
YOUNG GUNMEN
Justice GOff is Asked to Grant
New Trial When Additional
Evidence is Presented to Him
Saturday.

NEW YORK, April 1.-THE lives
of the four RosenthaI gunmen at
stake. the most remarkable legal con
fict in the history of the state of New
York was staged here today. 1t was
a conflict brought on by an eleventh
hour appeal to secure a new trial for
"Dago Frank Whitley Lewis,
Lefty Louie" and "Gyp the Blood.
the four young men sentenced TO die
on Monday for assassinating Herman
ROsenthaI.
The legal battle opened with the ar
rival of District Attorney Charles ).
Whitman from Chicago, whence he
had come on a fast train to combat
the plea of counsel for the gunmen
before Justice Goff, before whom the
condemned men were convicted and
sentenced
Immediately upon his arrival here
the district attorney dashed To his Of
fee and there conferred with his as
sistants and mapped out the plan of
campaign To smash the plea of Attor-
hey g. +. G.. Wahle that his new evi-
dence in the form of three affidavits.
entitled the prisoners to a new trial.
Back of the efforts Attorney Wahle
is a plan TO secure a reprieve for the
four men until the second trial Of
Charles Becker, ex-lieutenant of pO-
lice. is completed. The gunmen's
counsel believes that during this trial
evidence will be produced to show that
either Harry Nallon or "Bridgie"
Webber killed ROsenthal.
Governor GIynn has refused TO give
the gunner "A reprieve IT is probable
Goff Will oe drawn ont SO that he will
he unable to reach n decision before
Monday. If this proves to be the case
the governor Will again be asked TO
delay the executions.
Would Act as stay.
II Justice GOff Is impressed by the
new evidence a new trial viii be
granted. This would act as an in
definite stay of execution.
District Attorney Whitman's atti-
tude when he arrived today showed
plainly that he would fight the gun
mems plea TO the last ditch.
This plea is based on the affidavits
OF Fred Rao. William +. Burwell. a
professional billiard player, and Karl
Dresner. a bartender.
Rao's AFFIDAVIT purpOrts to establish
an alibi for "DagO Frank. BuTwells
asserts that he saw the man who kill
ed Rosenthal and that none of the
gunmen fired the fatal shot; Dresner
states that three nights before Rosen-
thai was killed he heard Bald Jack"
Rose say TO WebDer and NallOn after
pointing out Rosenthal:
Now go and put il over on him
They filed these affidavitS the dis
trict attorney Brought out many doc
uments that he had held in reserve.
These include a number Of afiidavits.
one OF which charges that efforts
we're made 60 secure false testimony
in behalf of the gInmen during the
trial.
Another, from a woman. declares
that .Dago Franks" alibi is false and
that the three other Sunmen were with
him when he reached his nome three
hours after the crime.
Sensation Hats Argument.
While Mr. Wahle was outlining the
nature Of the new evidence. Justice
Goff brought the lawyer TO a malt in a
sensational manner. \ note had just
been handed 10 the court and after
reading il Justice Goff ordered that
Angus: Beck be called 20 the witness
stand at once Beck. who said ~ was
a private detective. declared that the
note had been given 10 him by a man
in the corridor.
Il don't know who the man is nor
" hat the note contains" testified
Beck The man had been trying to
get into the room 10 deliver the note
in person. but was turned back at the
door by policeman. He asked me 10
deliver il for him"
Beck said that ne had delivered the
package 10 Rabbi Brown at the same
time that he had delivered the mes
sage.
Rabbi Browne was then called to
the stand. as the Judge seemed great
" disturbed at the contents OF the
mysterious note. The message was
handed TO Rabbi Browne, who read il
with Unsurpassed excitement.
Il have no idea who sent this" de-
clared the clergyman with emphasis
There are only two persons who
know about the matter contained in
this note / am amazed at the whole
AFFAIR"