Evening star., 1914-04-10
Counsel for Four Gunmen Sen
1tenced to Die Monday Con-
tinue Efforts.
MOSS NOTE ATTACKING
WITNESSES is PRODUCED
Alibi Affidavit for Cirofei and Al
legged Discrepancy in Court
Decision Cited.

NEW YORK. April 10.-An affidavit
purporting to establish an alihi for ''Dago
Frank Cirofici. a note from Frank Moss,
former assistant district attorney, attack
ing the credibility of two witnesses at
the trial Of Charles Becker and the gun
men: and an alleged discrepancy in the
decision OF the court of appeals, which
reversed Becker's conviction, were the
points about which counsel for the gun
men. doomed to die Monday for the
murder of Herman RosenthaL centered
their fight today.
The affidavit, that OF "Pinkie' REQ an
employe of Harlem dance hall. who
swears that he saw 'Dago Frank" far
from the scene of the murder about the
time it was committed, was rushed to
Gov. Glynn by special messenger.
The note written by Frank Moss con-
cerning the two wienesses-Luban and
Margolis-was placed in the hands of
C. G. F. Wahle. the gunmen's chief
counsel, today. Mr.. Moss note" said
Wahle, shows that he didn't believe Lu-
ban was truthful. Yet he placed him
on the stand as witness. We shall
get this note before the governor as
move the governor then we will take the
whole matter before some justice of the
supreme court.
The friends of the four gunmen today
based their hopes for a reprieve for the
condemned men on the alleged evidence
discovred by Z. NJ. Browne, a former
active rabbi which he was prepared to
present to a supreme court justice to-
gether with an application for a new
trial
This evidence-a note or memorandum
Mr.. Browne submitted to Gov. Glynn at
Albany yesterday Its authorship was
%11-
assistant to District Attorney Charles S.
Whitman, who prosecuted the gunner.
Message Addressed to Sulzer.
1t read: BE careful of anything from
Luban and Margohs." and was sent to
former Gov. Sulzer. who. at the time, was
preparing for his trial for impeachment,
when ii was reported that Luban and
Margolis were TO be employed to seek
evidence in behalf OF Sulzer. Luban was
a witness against Becker and the gun
men and Margoiis against Becker This
note. Rabbi Browne believes. discredlts
Ldban and Margolis ON authority of the
district attorneys office.
C. F. Wahie. counsel for the gunmen.
today prepared to make his last appeal
to Gov Glynn for stay of execution
uiitil after the Becker trial He based
his arguments on the signatures of ten
of the jurors who tried the sunmen to
aH' appeal for executive ciemency. and
also on the fact that the court of appeals
had discredited the testimony of Luban.
In the death house the condemned men
receive their relatives daily and hold
long conferences with their spiritual ad-
visers. To his brother Morris, Whitley
Lewis Seidenshner yesterday reiterated
for the hundredth time that he was inno-
cent
"Lefty" Louie's Warning.
Lefty Louie" Rosenberg sent word
of warning and advice to his gangster
and gunmen associates on the East Side
through Rabbi Goldstein, his spiritual
adviser. He said: II want you to tell
all the boys of the East Side-that crowd
on I'd avenue that 1 used TO run around
with, those who are going around now
that they can't beat the game.
'They may get away with II for a time
and think That they have the game Mhin-