Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-04-10
ELEVENTH. HOUR
APPEAL MADE IN
GUNMEN'S CASE
Note by Prosecutor Moss Dis
crediting Witness Is Basis
of Action.
GANGSTERS HAVE LITTLE
FAITH IN NEW ARGUMENT
Rumor That "Dago" Frank
Will Make Confession Still
Persists.


Herman Rosenthal today turned from
the governor TO a Supreme Court
judge to prevent the execution of
their clients Monday.
A note from former Assistant Dis
trlet Attorney Frank Moss. who pros
eeuted the gangsters, written in Au-
gust last to Governor Sulzer, dis
crediting Luban, State witness in
the case is to be made the basis of
the appeal to the court. The note
real:
BE careful OF anything from Lu-
ban and Margolies.
Presented to Governor.
1t was presented TO Governor Glynn
yesterday by Rabbi q. B. NJ. Browne,
last survivor of General Grants pail
bearers Margolies did not testify
against the gangsters though he and
Morris Luban both We're witnesses in
the Becker case.
Friends of the Sangsters maintain
the note shows Mr.. Moss himself had
no confidence in the testimony given
by Luban. and this should be suffi-
cient ground for a new trial.
The governor after receiving the
note, was assured the district attor-
ney would waive the usual notifica-
tion for appeal, 50 the matter could
be decided at once.
Moss Admits Writing Note.
80 - t,.,,o ,,,v,4a 80. +o =.
r.,. u Is lrSe l wioee suen 4 ho1e o.It TO 70
i9ia,l uiilUr n,, 3oiat ~ ttn9 So npas iaea ~ 10
.,t,.,,stio, ~ AZ ,,nto disnraditine, r +es
fin5on1, ~ The Witnesses in eitber the
Becker or the gunmen cases.
Before | put them on the stand the
ourselves hev were telling the truth
In respect TO their TESTIMONY"
Mr.. Nc explained he had heen
told the 40 men were at Albany
Claiming represent him in some
coAhectioh Win tHe hiipedchiilehI
proceedings ana ne wished 10 warn
tne governor tney We're not MS
agents; , ....,. ;.
AT tne u'5ellee attorney oiiioe nee =. -
was salu 1osay tnS hote eouau ho1 mn IA
e1y way aiIeet liie sltualloh' Inc
Court OF Appeals mad criticized the
testimony OF Lupan IN the seeker
ease, yet sustained the conFlctloh OF
the 9,, lour guI.ileh-
me soVernor' alter coiisultihs ms
sssesai ADVISERS, deemed 70 0ake any
action paseu on .lhe1 eEistetlce ,s, OF tile
n0te. ana feterPed ffspp1 browne 10
A most important feature OF the
situation today was the expected con-
fesslon from one Oh the men 10 the
death mousse
Mrs. Mary Cirohci, mother or
'Dago Frank" and Mary, his sister,
were confident today Frank would
obtain a. stay at the least. They
were at Sing Sing Yesterday after
noon and talked with "Dago Frank
The sister left the cell several times
and went to the telephone. When
she finally left her brother she was
almost gay.
Expect ''Dago" Frank Confession.
at did however have two very i'm
nortant conversat tions 1v felenhone. >"
she said "Won,t saw whether thew
Were win neonle In New York ar Al.
hary h,1t fl7ay were var,, imnorton+
Tt (, noesihie tbot Ereni, viii have
eot93+bine Verv ir,nortant +" sav To-
11,o,.,.e1, -
9WilI II he confession ?" Miss
,,iratni ,,,os aeitad
- ~, 49, t,1i w., o,,,+bi,,a about a
g'.i e,,n ~ ~ ny ea,' -, a'1u, ~,
iol. ie4siuii am i''i Aio"i iiope-
iee9' hoWesei
Gun aiiolnel means Oh 9elaylns tEe
eAeeutlon Wa salked Oh touay. -
was sald an eliorl Wouid pc Inaoe
70 induce the Wardeh OF sing Slng
10 delay the execution until the emo
or the next two weeks as ne mas the
right to do so under the law.
Plans nave all been made to lead
the men 10 the deatn chair MONDAY
morning, and invitations have been
sent out, but the friends of the men
@hope to obtain a postponement and
devote the time to finding some way
to prevent the execution.
Governor Glynn barred the doors of
the executive chamber yesterday
xrsi,,ee oe +brae of +ta ,,ol,rda,.e,e 90