The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-03-30

one shot or actually killed; that 10. fred
the fatal shot"
I'VE are he says. "of course not up
mindful OF the principle Of law that all
who participate In a crime Of this char.
acter are equally guilty. That principle
Is based upon q fiction. doubtless neces-
sary to be invented. in order to reach all
who may In some way have participated
In q crime.
But these petitioners Nv stand beyond
the courts. They stand within the val
ley OF the shadow OF death, some Of them
concededly not as guilty IS another Of
them may be. according to the prosecu-
ton. yet they are all to be executed. with
the knowledge on the part u the officers
Of the law that some one or more Of
them are less guilty as q matter OF fact.
as matter OF moral law ant as q matter
OF conscience than another NJ them
without any knowledge TO this day on the
part OF anybody. SO far as this record
discloses the proof. which one OF the four
Il was from whose pistol came the death
dealing bullets or that as a matter Of
fact, all four Of them fired"
Are we not therefore Justified In the
assertion that this case Is unique In this
respect and furnishes. II Is respectfully
submitted, an unusual instance OF the
exercise Of that great power of ciemency
vested in the Executive?"
"Unworthy Of Delief."
Judge wahie calls attention to tho fact
that the Court Of Appeals having de-
termned that Rose Weber. WALTON and
Schepps were unworthy Of belief, the con-
viction OF the four petitioners stands on
the testimony OF eyewitnesses OF the
shooting. These witnesses were Krause
Luban. stanich and Shapiro. Their testi-
mony was described by Justice Chase as
somewhat unsatisfactory and in some
particulars contradictory"
Judge Wahle points out that Justice
Chase Is In error In saying that Krause
Identified Clrofici. According to the rec
ord neither krause nor any one else iden-
titled Daeo Frank ~ one who took part
In the shooting.
Another error. In Justice Chase's opin-
Ion. is the statement that Luban identified
Cirofci, Rosenberg and Horowitz as three
OF the persons who did the shooting
Judge Wahle shows that Luban merely
testified to having seen these three on
the sidewalk near the Metropole. The
three men admitted they were there.
As for the explanation Of the four gun
men that they were lured to the Metro
pole by the story OF Rose. Judge wah,e
points out that while Justice Miller says
the gunmen's explanation Ii as improbable
ms the story OF Rose. Weber. WALTON and
Schepps. nevertheless. twelve jurymen in
each Of the trials believed the story OF
Rose. Weber. WALTON and Schepps. and
asks why IL should he strange that the
petitioners believed them on the night Of
the murder
The argument concludes by pointing
Out that these considerations are sufficient
to impel the Governor to show mercy by
giving reprieve until the end OF the
second Becker trial Judge wahle says
''t,very rule of public decency and every
desire for fair play. II Is respectfully sub
mitt.d. would dictate that these four men
be given the opportunity OF having what
ever benefit may come to them from the
Developments and determination OF the
trial of Becker.
= This is the prayer OF the petitioners.
This is the prayer Of ten Of the Jurors
who convicted them"
No Merit, Says whitman.
District Attorney Whitman said last
night that he could see little merit In the
argument that the execution OF the four
gunner ought to he delayed until after
the second Becker trial IL ended.
II Is customary for the Governor to
notify the District Attorney and the
plea for Executive clemency has been
filed with him. AZ soon as Mr. whitman
Is officially notified Of the plea he will
make known his reasons for opposing
any stay or Communication of sentence.
There Is no merit In the application
OF the gunmen." he said last night. THE
Becker trial can make no difference In
be- summoned as witnesses. None of the
witnesses who will be called at the Becker
trial can possibly efface the standing OF
the four gunner There is no occasion
whatever for granting reprieve until
after this trial"