The evening world., 1914-04-09

inson, who was later convicted Of
grating and v now serving . term
In sing sing. REQ. who Is employed
az a special officer In a dance hall at
One Hundred and Sixteenth street
and Lenox avsaus. witnessed the
arrest.
~rhe girl scrubbed q note 10 Frank
and gave It TO REQ to be delivered.
The note asked Frank to come to the
station house and ball her out. Now.
here II the important point:
sDAcO FRANK" FIVE MILES
FROM THE MURDER.
Herman Rosenthai was shot In
Forty-third street. near Broadway. Al
2 o'clock on the morning Of July 10.
] hope TO get an affidavit from REQ
stating that at 1.5s o'clock he handed
Jean Gordon's note to Frank at Ono
Hundred and Forty NTH street and
Seventh avenue, over i've miles from
the scene Of the murder.
"Reo told Franks mother and sister
that before tho trial Deputy Police
Comm issioner Dougherty questioned
him. He made an affidavit fnr
Dougherty In which he said that hs
pushed the note under the door OF
Franks room and did not see Frank
until Frank showed up ut the station
house an hour or more later to fur
nish bail for Jean Gordon.
"Rco says he made that affidavit
because he was AFRAID that II he
told tho truth ne would be arrested
and mixed up with the shooting.
am told that his story now 10 that he
mot Frank on tho corner and told him
his girl had been arrested and they
went together to the station house:
also that Policeman Robinson knows
that REQ and Frank were together
At the station house for . consider
able time bsfors Frank could possibly
have returned from downtown had
he taken any part IN the shooting"
LAWYERS NAVE NOT GIVEN UP
AL NOPE.
Mr.. wahle and his associate. Mr..
Kringel. worked until midnight last
night going carefully over Gov.
ulynn's memorandum. They dis
eussed II lsttsr by latter and analiy
decided that Il was weak In many
pointA. that II would b worth while
TO call the attention OF tho Governor
TO these alleged weaknesses.
II haven't given up hope" said Mr..
wahle as he was getting ready to
mako his final appeal to-day. II woa't
say there II a probability that the
Governor will grant . respite. but
believe there y . stroas possibility.
1T all rests with Gov. Glynn. We
can't appeal to ths courts. To reopen
the case we would have 70 have new
evidence and we haven't got enough
70 warrant such action. The Cover
Dor II tho sole arbitsr Of the fate Of
those four boys In the death house at
Sing Sing.
"As for Gov. Glynn I Am sorry to
say that he seems 70 have gone off
on tangent In ths eass. He appears
to have forgotten that executive clsm-
ency II beyond tho law and 10 solely
. question Of judgment and mercy.
The Governor takes the position that
In deciding upon our APPEAL for q
rsprieve he should act In . judicial
capacity.
He sets himself up ~ an authority
higher than the Court Of Appeals.
That court discrsdits Luban. Mas.
~olta. and Krau.s a,SA >~us than nm.
worthy Of belief. But the Governor
seams To have made himsslf the
Judge Of the crsdibility Of their tosti-
mony. As for the idea that because
the Court Of Appeals has affirmed
the lower court In this case have
known Of cases whore the Court OF
Appeals affirmed tho lower court on
The record and then asked the Gov.
'srnor to extend clemsncy.
The Governor appears to have en-
tisely overlooked the fact that ten
q the Jurors who convicted these
boys have unitsd In petition to him
asking him to postpone the execution
uatil aftsF the bscksr tr,ai at ieast.
] shall bring this fact to his mind"
0GMlES "pAoo FRANK" WILL
MAKE coNFESSioN.
Mr.. Wahis said he took no stock
h the rumors that ''DaEo Frank" 10
preparing . confession. The boy. Mr..
wahls said. has nothing to confess.
Tho other three continue 10 insist
that he was not anywhere near the
scene Of the murder.
A. for reports that Joseph Shay.
counsel for Becker. u preparing for
court action to allow . commission
TO take dispositions from the four
condemned men. Mr.. Wahle said that
such . course would be fruitless. He
holds that tho four are dead In the
eyes Of the law and couldn't make
dispositions for any purpose
Assistant Distrtct-Attorney Deacon
Murphy to-day took two men. pre-
sumabiy new witnesses In the coming
retrial OF Lieut.. Becker. to Sing Sing
and by consent OF the condemned
gunner escorted them to the death
cAlls Mr. Murnhv wouid s,y Moth