The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1914-04-15
CHANGE FOR GUhMEN.
JUDGE GOFF ORDERS WHITMAN
TO SHOW CAUSE AGAINST
NEW TRIAL.
Recorder Grants Application on
Ground of Newly Discovered Evi-
dencc About Killing.


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 Ro-
enthal, the gambler, should not be
granted q new trial.
The order is returnable before Jus
t.cc Goh, who presided at the trial of
the gunmen, at noon tomorrow, and
was obtained on the ground of newly
discovered evidence.
This new evidence, in the form Of
dliidavits, was presented to Justice
Goff by Charles G. +. Wahle, of coun-
sci for the condemned men. The
sIGncr OF one swOre than q man he
could identify, who was not one Of
the sunmen, was in the firing party
whose shots killed Rosenthal The
other declared he saw Sam Schepps,
'Eridgie" Webber and Harry Vallon,
the informers, in the car that raced
away from the scene of the shooting
in front of the Metropole hotel.
The order was served On District
Attorney Whitman today and prepara-
ton Of arguments to show why the
Sunmen should not be granted a new
trial was begun Immediately. A sharp
legal battle is expected before Jus
tico Goff when the order is returned.
The two principal ahidavits, Wahle
urged Justice Golf to consider before
the latter signed the order, were
those Of William E. Burwell of Water
bury. Conn.,, professional billiard
player, and Karl Dressner, a New
York bartender.
The result OF the hearing tomorrow
will determine the fate of the gun
men. If Justice Goff finds the testi-
mony of the new witnesses is of suf-
hcient weight he may grant q new
trial. If not, he will rule against q
new trial and the order of execution
Will not De stayed. The new turn in
the case, however, may delay the
execution. Either counsel for the
sunmen may not be able to produce
their witnesses tomorrow noon, it
was pointed out. or the district at
torney, if the evidence adduccd
through Mr.. Wahlc proves impressive,
may decide it is necessary FOR the
people TO present witnesses to offset
such evidence.
Justice Goff indicated that he
would communicate with the gov
ernor in an effort TO provide against
the gunmen's executions until after
the termination Of the present pro-
ceedings. If the conclusion of the
litigation is not reached tomorrow.
Mr.. Wahlc said tonight, he will seek
the aid of both Justice Goff and Mr..
whitman in gaining a reprieve.
Burwell in his affidavit declares he
saw the first shots fired at Rosenthal
NY man he says ne could identify if
no saw him again and he is certain
this man was not one of the four gun
men, whose photographs he was
shown today. Dressners affidavit
places 'Bridgie" Webber, sam
Schepps and Harry Vallon in the
murder car after the shooting as the
car was being speeded through Forty
third street.
Burwcll says that on the night
Rosenthal was shot. shortly before
81. 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 | passed the door a man
not five feet away from me raised his
arms" his affidavit continued. "There
were two flashes, two reports, and
the man with the revolver fled across
the street towards the stage door of
the Conan theatre. Right in front OF
standing. Several men were in it, AS
the man who had 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 MetrOpole dropped to the
sidewalk. / can not say whether the
last shots came from men standing
in the street or men in the automo-
bile. Immediately after the shots
were fired the machine started with
= jerk"
In the excitement that followed
he shooting, Burwcll said. he saw
policeman coming his way and de-
CrminCd IL was best not to get
mixed up in Che affair. He left for
|ridg, port on the first train he could
;yt. BurWcll adds that he had re-