davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25

Those men knew the rule OF law requir-
ing corroboration OF testimony Of an de-
complice
The correspondence between Rose and
schepps while the latter was at Hot
Springs proves IT, They did not propose
10 run the risk OF failure OF considera-
ton on their part, and 80 they framed UP
their story 50 80 to keep Schepps just
ont or hearing ~ the actual murder talk.
Rose did not trust his confdant and In
separable companion until the deed vas
done. and then he took him back into hi.
confidence.
Il now come 20 . matter which, ~
gardless of all disc. requires Us TO grant
new trial II turned out that Moe
Levy and Itch the names ~ The
chauneurs SVEN by Schepps. were nici-
names FOR Harry II. Cohen and lsidole
Schoenhaus. partners who had an au'o-
mobile stand at 18th street. and that one
or the other had driven Rose. WALTON and
Schepps almost daily since April, 1872.
Each made affidavit on the motion for
new trial positively denying that he drove
the consplrators TO the Harlem meeting
OF lndl any Sitn tfdlSd'tlOI RS Srnebp,
testified TO ever occurred. II further ap-
reared that during the trial both we've
called 20 the District Attorney office
and questioned by an assistant
1t is urged i'm the brief that the testi-
mony OF those witnesses would have been
Incompetent as merely contradictory OF
Schepps on a collateral matter OF
course, II there was no Harlem meeting
there could have been no chauffeurs at
il: and. no doubt, Schepps having fallen
into difficulty. got out the best he could
by giving the names OF friends who. he
thought. would stand by him. guarding
their identity 10y concealing their true
names.
In my opinion. new trial should be
granted because the newly discovered
evidence imperatiyely demands il in the
interest OF justice. because the verdict is
shockinGly against the weight o. ev!.
donce. and because the trial was 80 con
Quoted ne to insure 2 verdict ~ guilty
regardless % the evidence"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
CASE OF FOUR GUNMEN
PLAIN ONE FOR COURT
Judge Chase, Writing the Opin
ion, Finds No Error in Their
Conviction of Murder.

Albany Feb. 2i-In unanimously az
frming the sentence of the four gun
men" "Gyp the Blood" Lefty Louie. "
Whitley Lewis and "Dago Frank" con-
victed Of the murder OF Roscnthal. Judge
Chase. who wrote the opinion for the
Court Of Appeals. said
The issues i'm this case are entirely diff
ferent from the issues in the Becker case
decided herewith In the Becker case his
connection with the murder was de-
pendent almost wholly upon the testimony
Of Rose Wchber and Nallon, conceded
accomplices in the murder. and the cor
roboration Of such testimony WAS de-
pendent very largely upon the determna-
ton OF the question whether Schepps was
also an accomplish.
I'm this case, while 2 conspiracy Is
sought 10 be shown by the same wit
nesses. and substantially by the same
corroboration of such witnesses, rs in the
Becker case, and the statements OF the
opinion in that case arc applicable TO
such testimony, the testimony Of prime
importance I'm the determination Of this
appeal is that relating TO the actual fact
Of the killing OF Rosenthsl. The simple
question is whether the murder was COM
mitted by the defendants or by others.
II the direct testimony given by the wit
nesses called on behalf or the people in
this case is true the defendants are guilty
Of the actual murder OF Rosenthal, and
the other testimony in the case is or
minor importance.
we arc OF the opinion that the record
in this case presented fair question OF
fact for the jury 10 decide, and that the
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
Sent for the Gray Car"

THE next day, and within twelve hours
Of the murder, he accidentally met Rose
and Vallon at Luchow's, IN 18th street.
But he went out end stood on the side
walk from lunch time until evening.
while Rose and WALTON discussed murder
inside. That night he was at Dora S!l-
bert's with Rose and WALTON. When tho
tire blew out on their way TO Sharke' $
saloon from there he telephoned for thv
gray car for Rose. and when II arrived
he went with Rose and WALTON 10 li5t1
street. where tho gunner were expected
10 be.
He rang the hall bell for Cirohci, and
when the latter appeared heard Rose ask
where the rest OF the crowd were. Giro
fci's reply being that they had been sen.
for To come downtown. he returned with
Rose. WALTON and 'ronci to Weber ;
poker room. whore they were Joined BY
the three other gunner
"On the ride back not word VAS said
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
An lninlical Atmosphere.

1t viii clarity the discussion 10 remove
from the case an atmosphere inimicaole 70
the defendant nlich has surrounded ~
from the start and which the People
principal witnesses cunninslY and insin-
iously injected into Il al every oppor-
tunity That attn osphere has been ere
atcd for the greater part by three assump-
tons directly contrary to the conceded
and established facts. ramely:
81. That the publication in The New
York World on Sunday. July H. 1872 OF
Rosenthars affidavit containing charges
against the defendant actuated the latter
10 commit the murder. According 10 the
Peoples theory, the murder plot was fully
mstured so far as the defendants par
ticipstion was concerned weeks before
that publication.
80. That the place and manner ~ the
homicide and tho temporary escape ~ the
uurdercrs suggest police completely.
There Is no prctenco that the defendant
knew when. where or how the crime was
TO he committed.
IS That the gunner were actuated "a
do tho deed by the command and under
the promise or protection OF some one
higher up
There is no pretenCe that the defend
ant had any relations whatever with the
gunner. except that the People charged
that he caused their chief to he twice ar
rested BY means OF q so. called plant but
the fact established ny the People 10 that
the gunner did the decd for pay-$l .e'-
which was furnished. rot by tho defend
ant. but by Weber. the Peoples chief
witness next 10 Rose.
The story itself is grossly improbable
and it is related by four men Of the vilest
character TO save their own lives. I admit
that these considerations arc not CONTROL
ing. Improbable crimes arc committed
and the People have TO use the witness -
available. But | emphatcally deny that
We are obliged 10 sign the defendant S
death warrant simply because a jury has
believed an improbable tale told by four
vile criminals 70 shift the death penalty
from themselves TO another. ] now pro-
coed to the principal considerations which
lead me 10 think that the improbable
orV is incredible.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
All Pointed 10 Becker.

In looking about for some one who
combined one OF both Of these clements
the record naturally turns our view &"
tho defendant. He was a police officer
whose peculiar duties invested him with
great power IN dealing with tho vice Of
great city. We ind this powerful police
officer IN the Office Of The New YORK
World ar midnight on Saturday. July l@
1912. I'm response 70 an inumation that this
newspaper was to publish In the neNi
mornings issue tie affidavit OF Eosenthai
containing a detailed account OF tho al
legged relations between him and the de-
PENDANT The hour OF his Visit need ho'
be discussed That he was Interested III
preventing this disclosure IS TOO obvious
for surmise.
"On the following day, and again on
Monday. the defendant devoted CONSIDER
ahle time through sullivan. Rose ann
others TO getting an affidavit from Dort
Gilbert. the former wife or mistress or
RosenthaI. concerning the life and general
character OF the latter. In the circum-
stances it must be plain that the theory
Of the defence based wholly on Surmise
and conjecture. 10 the effect that Roseh-
thai was probably killed by the gunner
at the instance Of the gambling irS-
tern,tv is overborne by the actual evil
dence tending 10 establish tho defend
ants motive for the crime ana MS pa
rlcipatlon in the arrangements which l'o
20 its commission.
ON regard TO the Harlem conference
there is no such confederation OF either
Rose. Weber or WALTON unless II IS foun"
in rho testimony Of Schepps The prevail
ING oninion asserts that Schepps Wa
doubtless an accomplce rs matter OF
law and that Il was error 70 leave ''7
question Of his completely 10 the Jury -
one Of fact To that proposition deelihH
TO assent. All the evidence bearing upon
tho presence OF Schepps al the Harlem
conference Is 10 the effect that he was
not within hearing range or the parties
10 II and he testified that he did not kno"
Of the purpose Of tho meeting until som"
DAYS after IT had taken place Schepp'
testified that tho defendant was there
and # Schepps was not an accompllce
that was direct and explicit corroporauoh
Of the others who were concededly ac-
completes a matter or law.
II think II was proper for the ttiai court
10 submit 10 the jury the question:
whether Schepps was an accomphce or
not. and this tho trial Justice did IN
strict accordance with tho legal rules
relating 10 the subject. Tho verdict oi
tho Jury necessarily imports hnd'ns
that Schepps was not an accomphcc An"
il must therefore he assumed Tor INC
nurposes Of this review that the eNden'e
NJ Rose. Webbcr and WALTON was cor
roborated within the provisions OF the
statute"
Judge Werner then discussed inc tu''''7'
of the trial justice and finally comes l"
tho conclusion that there was no erro'
Of law at the trial sufficient to JUSTLY
reversal.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
Franco German Auto Pact.

Berlin. Feb 9i--Germany and france
from March ! will communicate TO each
other the names. residences and other de-
tails in regard 10 all automobilists VINO
have been convicted for violations OF the
traffic regulations in the respective coun-
tries. according to an agreement JUST
signed and when was announced to-day
The ARRANGEMENT was reached as re-
suit Of Germany's initiative.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25

Albany. FEB. 2i-Judse Werner. IN dis
sentlns. from tine opinion Of his six col
leagues on the Court OF Appeals Der Oh in
granting new trial TO Becker. says.
The prevailing opinion. it seems 10 me.
forever disposes OF the great issue OF TACT
which il is the province Of jury 10 de-
eide. Judges may differ as 10 the ene>t
and weight Of testimony but II stu re-
mains the law that when an issue OF fact
is created i'm a case triable by a jury the
character OF the witnesses and the
" eight OF their testimony cannot be
disposed Of by this court. even I'm case
involving the death penalty.
1T matters not that we may 20 through
the form OF ordering new trial when II
IS certain that this viii be purely formal
ceremony. The question on the merits Do
the case AZ bar IS not what some OF ms
may think of the result in view OF the al
legged errors which II Is said, were COM
mtted on the trial. but what We would De
bound to do II the case were before US
Upon the same testimony and upon
record free from substantial error Upon
that question / think hazard nothing IN
saying that there was clearly an issue OF
fact FOR the jury
1T s true that the main witnesses for
the prosecution were gamblers. criminals.
deseneratcs and murderers. as they are
denominated in the prevailing opinion. but
that goes 10 their credibility and the
weight OF their evidence. II docs not au-
thorize this court to invade the province
OF the jury nor to decide in advance what
must be done upon another trial upon =
simlar state OF facts"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
Result of a Bargain.

After briefly reciting the main facts
tending 10 prove the defendants guilt
Judge Werner. says further:
The shooting took place in the early
morning of July IS, 1912. The manner in
which Rosenthal was assassinated is
known 10 all men, and we need not dwell
upon its awful details for present pur-
poses il sufllces 10 say that wa are about
10 decide, in another case, that the gun
mon were guilty Of that crime. Rose says
he hired the gunner. Whatever else may
be said OF the completely OF these thugs
in this affair, it was obviously not ad-
Nenttious or omergent.
"All the circumstances indicate that II
was the result OF a bargain with some
one with whom the prevailing opinion
lays stress upon the contention for the
defence that there is ground for the sus-
picion that the services Of these gunner
were enlisted by the contra ternity Of
gamblers, who, to the number OF several
hundred, attended the outing OF the Sam
Paul Association on sunday, July II,
1912. and this suspicion seems 10 he
founded upon tho assumption that the
Roscnthal disclosures in The World
which were the subject Of general dis
cussion on that outing. are 4 sufficient
explanation Of the reasons for ;he killing
OF Rosenthal within forty-eiSht hours
thereafter.
These suggestions naturally bring in
mind several facts and circumstances
which should not he overlooked. These
gunner were creatures who. .O far as
the record dscloses, had no connection
with the gamblers OF New York City.
They belonged 10 different stratum OF
society, and they had nothing to fear eX
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25

iury's determination shows they believed
the peoples witnesses and disbeieVed
the defendants and their witnesses Their
verdicts should in our Judgment be sls-
tanned unless some error was committed
al the trial that In the interest Of justice
REQUIRES that a new trial be granted
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
JUDGE MILLER CoNcURs.

Judge Millers concurrng opinion fol-
lows:
~ concur with my brother 1iscock. The
conduct Of the trial was grossly unfair TO
he defendant Indeed. il is impossible 10
portray in An opinion tie spirit OF unfair
ness which pervsdes the record from
cover 10 cover. \ careful reading Of II
has created. and subsequently, study has
Strengthened. the conviction ir my mird
that the verdict was produced by the com
pelline influence OF a forceful Judge. whose
DTeiudsment or the cause had uncon-
sciously created 4 predeternination 70
convict the defendant
In my opinion. it would be reprosch
upon the admins tration Of justice 10 al
low the verdict 10 stand. Bat reach that
conclusion for the additional reason HAT
the verdict was against the weight oi tho
evidence, and although a majority of the
court do not consider it necessary 10 pass
upon that question. am 'mpelled by the
dissent OF my brother Werner TO state my
view Of the facts
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
Justice Golf Criticised.

q, il stated that repeatedly, without any
affection. complaint or request ny the
District Attorney, the court on lts own
~,o,ion criticised tho defendants counsel
for some little popularity in the form OF
his questions. which VAS utterly lnnoc-
nous. interviewed 10 protect the people
witnesses on examination; OBJECTED
~ and excluded questions asked by de-
.,rdant's counsel and, on one OCCASION
when such counsel asked II the Distrlc'
Attorney would concode fact ABOUT
which apnarcntly there was no dispute
the corr, ruled for the District ATTORNEY
"No: will not let him concede IT, ano
reference is made TO what are regarded
az harsh and uniustihabie criticisms OF
and percmptory orders TO the deleno-
ants counsel. and 10 occasions Wnerl
..,,..,. seemed TO become the essence or
tho trial
II is stated that during the trial OF be
tv.ser nine and ten days with one eNcep-
,,o, 60 far Pc discovered Cvhen the Dis
,-;-t Attorney united With HIM every al
neal by defendants counsel 70 the dls-
Grafton c. the court FOR an Adjournment
Tar The very common leave 10 reopen ihe
,,.,,;,a.ion or a witness in order 10 cor
-oct some inadveItent admission o. 10
.,,,u,lA on cross-ex animation OF hostile
witness some newly acquired Information
OIL. to cali a altness who had been absent
-. denied whereas applications o.
.iroilar character N Tic par' OF poop
,,sre quite uniformly grated.
Repeatedly the court refused 10 aiio"
tnA attendants counsel 10 have. Tor me
,,rnoses 81 DISCRIMINATION as he
VS. entitled 10. some paper IN tae pos
session ~ the District Attorney or IN the
olee Of the court. ana IT is said that some
of those adverse rulings passed heyoho
.,o limits Of discretion and we're eFron--
o,s as matter Of law while others
tended unnecessarily and nWarrantaoiy
to cmbarrass and hamper defendant
,o.,,sel. and in that connection II Is
st.ted that errors were committed IN fA-
,n,dine evidence on cross-eXsmination oi
the opportunities which Rose, Weber
WALTON and Schepps had for constant
communication and conference with enc
sro,her about their evidence while ,hey
wore onrased IN the common undertaking
NJ Attempting 20 save their own hVes pS
riscinr in forfeit that OF Becker
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
White Slave Law Uhpeld.

Washington, Feb. 2i-The constitution
Atty of the federal white slave" Law
again was upheld to-day by the Supreme
Court in the Wilson cases from Chicago.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25

ness Schepps who Was protected by the
court in various ways.
In the cases OF several witnesses. lues-
lions asked by the defendants counsel
were excluded OF the examination tcrmi-
mated. the exclusion I'm some cases being
accompanied by the percmptory refusal
or the trial justice TO hear argument or
explanation. and then. when the wit
ncsses were subsequently recalled by the
District Attorney on his own motion or
on the order OF the court. and the de-
PENDANTS counsel declined TO do so. the
District Attorney ordered him TO put the
questions which had been thus excluded.
Apparently The court considered That
substantial error had been committed. as
IL is certain that in the exclusion OF some
~ the questions and by this unusual and,
FOR the defence. disadvantaseous method
the attempt was made 10 cure the error.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25

...-, re. g. -Ju5ge .iscock. IN writ
g., reyauae opinion o. nc court
..-~ r- Sc. acw trial. discusses
re sN witnesses whose testimony
...ei ,ar defendant With TIE murder
Essential These Witnesses were
-, usgon Rose weber WALTON and
s.s,p9'
-. o., ren. Iuoan. was produced.
.. nc opinion. For the purposes Of the
- Tic criminal authorities q a
..,,o-rs state. where h. was confined
an ON some conviction or charge
..,of ,ne nature does not appeal.
90 s,ins brought to New York and
....-, CONS or tho stand this witness IN
.,-,- of.ca VIC cannot but reSard as
..,a,e vas gwen an opportunity for
1900 With Rose. the chief witness
30, prosecution and who was immed'-
~. IN follow him upon tho stand. Thelr
..s.,,e vas entirely harmonious.
.,o,be- witness. Halien, was ds-
..,-.,, lawyer. who also was tempo
81, den,crcd from jsll 10 be 4 witness.
= ,ssHjon 70 tho impeachment Of their
Ira furnished by their characters
"a ID. ,so direct contradiction Of other
,,-a.ses. much n tho testimony OF those
-,- is. as 80 seems 90 us. inherent! LII
...sss.e and Unworthy OF belief.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
Doubt as 10 Confederation.

lutgs ifs-ock then says that 1t IS a
srious question whether there Is any ev,-
o'rce whatever which under the test &c
vg.f,a by law corroborstes the evidence
" these witnesses az 10 Beckers COM
'Ac'y IN the murder. lie SAYS that un-
au'leoly there IS evidence which per
r.'ied tho igrr % say that Becker was
CRATER. and that ne had relations wi,A
h,scnthh and some Of the others. but
ia, his does not establish that he was
f-aiy Of the specific crime OF murder
'neh alone was tho crime nc vas being
I'd for.
speaking o. tre motive. which. u IS el-
f'ed by the prosecution. led Becker TO
''sfe Rosonihars death. because 4 the
-l'.'s complaints against him. attention
called 70 the la-t that At the time OF
- alleged hs~'em conference. when Il
.'ll mo conspiracy 10 murder Ecscn-
f Nas iuily framed. the latter had MOI
'.'etede1 iu obtaining for his complaints
''shst Booker tho slightest atteutlcl o.
heNs9apers. police authorities, Mayor
district AttorueN. AID that Becker
not sufficiently disturbed TO make g
'0a1ois 10 suppose that he w0Ulc re-
W % such desperate methods az tue
Olf - Eos,n'hal. ard got IL e abso-
essential ior tho people u-der their
wy 70 establish that the plan 90 mur-
Nostt,hai Has formed ~ this confer
..''e'uo' IS called 10 SIC fsc;.ss sig
h']oai on sunday afser Rosenthal 5
"1ies concerning gambling protec-
@ypearea IN the newspapers. the Sam
80 association. II between 90 and ~
-e's' took an excursion. which wa
to oy Rose. Weber. WALTON ana
.i's ard 20 win ca tho matter % he
'.'ti WIS sCoject ol universal dis
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
Points 70 Other Gamblers.

'Hosenthsp was q 'souesler' and.
'e''f else happened. the upheavsl
80 by hia disclosures BODIED ill 10 the
r's fraternity and business. con-
49,. 'hc opinion. The excursion re
'o on sunday night and almost with
s.nf -four hours Rosenihal was muir
as u Is said By the prosecution.
"a. Plan formed by Becker some time
u. peoeoing month. and which had then
'sson.
-, said oy the defence mat II the
49, N0th could be known u would be
A.. mat the plan 10 murder Rosenthal
i, NO. formulated by Becker in a vacant
49,. Harlem tn June but on the ex-
-" OF an onraged gambling fraternity
houfs before the killing occurred
D., opnion regards II as important that
A.. Sna his associates say that they
A.. ~A'n 10 the Harlem conference,
~. me murder plans were framed iu
-. as oiiycn b. chaufeurs that this
N'nee only occurred q short time
80, ne murder and IN such unusual
49,, '''snces that n the chauffeur did
zoe rip they would remember H..
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
JURY DEPRIVED OF ITS RIGHTS
BY DECISION, WERNER HOLDS
1t Was Exclusively Within Province of Twelve Men to
Say Whether Schcpps Was To Be Regarded
in Testifyng as Accomplish

cept from the police They had no per-
sonal interest In getting rid Of Essential
and IL may therefore be assured that
their activity in this affair was stimu-
lated either because Of command from
some one higher up or b. the price which
they were 10 receive
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25
Witnesses Treated Differently

The defendant says the OPINION
.o,ebt 10 have been allowed to examine
,,,llv pointedly and without embarrass-
-, each and every one OF these CON
-odod conspirators concerning the time
they had spent in fashionins a har"o''
Of evidence by which they sought 10 COZ
Wet him
II is pointed out that the trial justice
ass,,ed what seems 10 have been a az
ferent attitude toward different witnesses
,b., some Of these called by the defehH-
90, ar by the People. and who proved
4is, amounting 90 n. were treated WIN d
,,..,shnees and manner Of suspicion
-, notwithstanding any of their Dc
fect~. was in marked contrast WIN 'n'
treatment accorded 10 the People > WIZ
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-25

The pont whether the law was lmlte
10 commercial vice was not involved