The Sentinel=record., 1914-04-11

New York, April 10.-Supreme Court Justice Golf tonight signed an order making it mandatory for Dis trict Attorney Whitman to show cause why the four gunmen now in Sing Sing awaiting death for the part they played in the murder of Herman Rosenthal, the gambler. should not be granted a new trial.
 The order is returnable before Justice Golf, who presided at the trial of the gunmen, at noon tomor- row, and was obtained on the ground Of newly discovered evidence
 This new evidence, in the form of affidavits, was presented to Justice Golf by Charles c. F. Wahle. of counsel for the condemned men. The signer of one swore that a man he could identify and who was not one of the gunmen, was in the firing party whose shots killed Rosenthal The other declared he saw Sam Schepps, ''Bridgie" Web Der and Harry Vallon, the inform hN from the scene of the shooting in front of the Metropole hotel.
 The order was served on District Attorney Whitman tonight and prep arati0n of arguments to show why the gunmen should not be granted new trial was begun immediately X sharp legal battle is expected before Justice Golf when the order is re- turned.
 The two principal affidavits Wahle filed for Justice Golf to con- slider before the latter signed the ordere were those of William Bur well of Waterbury, Conn, a profes- sional billiard player, and Karl Dressner, a New York bartender
 Burwell in his affidavit says that on the night Rosenthal was shot, shortly before a. m, he passed the door of what then was the Cadillac hotel, next to the Metropole in front of which Rosenthal was shot.
 Just as I passed the door a man not five feet away from me raised his arm' his affidavit continued. There were two flashes. two re- ports and the man with the revolver fled across the street toward the stage door of the Conan theater. Right in front of that door a gray touring car was standing. Several men were in it. As the man who fired the first two shots fled for the automobile there were two or three more reports and then the man who had come from the hotel met them. Rosenthal dropped to the sidewalk. l cannot say whether the last shots came from men standing in the street or men sitting in the auto mobile"
 In the excitement that followed the shooting, Burwell said he saw policeman coming his way and de- termned it was best not to get mixed up in the affair. He left for Bridgeport on the first train he could get.
 To-day I have been shown photo graphs of the men who are under death sentence" his affidavit con cluded. "The man who fired the first two shots at Rosenthal was not one of these four. can identify him any time I see him am will ling to go into court and testify to these facts"
 Dressner in his affidavit tells of havng been acquainted with Webber' Nallon, Schepps and Rosenthal and goes on to relate that early in the morning of July 13, three days be- fore Rosenthal was killed, he saw Rose, Vallon and Webber standing in front of the Garden cafe on Fifteenth street.
 The three were not more than five feet away from me- his story cont 'nues.
 Then I saw Herman Rosenthal, a woman, 1 believe was his wife, and short, stout man come from the Seventh avenue door of the cafe. It was then between 1 and o'clock in the morning. 1 heard Rose say to Harry Vallon: There he is now Go put it over him.. knew Roses rep utation and also what was meant by the expression, put it over him. l immediately crossed the street U