The Birmingham age-herald., 1914-04-11

| tConsinued from Page One) ] --~------------------>-- flashes two reports, and the man with | the revolver fled across the street to- ward the stage door of the Conan theatre. Right in front of that door gray tour ing car was standing, Several men were ir it. As the man who had fired the fist two shots fled. from the automobile there were two or three more reports and then as the man wno had come from the Hotel Metropole dropped to the side walk, I cannot say whether the last shots or men in the automobile. Immediately after the shots were fired the machine started with jerk"
 In the excitement that followed the shooting, Burwell said he saw a police man coming his way and determined it was best not to get mixed up in the af- fair. He left for Bridgeport on the first tiain he could get. Burwell adds that he had resolved never to reveal what he knew, but when he learned yester- day that Governor Glynn had refused to grant the gunmen a reprieve he deter mined to tell his story.
 Today I have been shown photographs of the four men who are under death sentence" his affidavit concluded. "The
 
 Eosenthal was not one of this four. can identify him any time ! see him. I am willing to go into court and testify to these facts"
 Tresner, in his affidavit, tells of hav- irg been acquainted with Weber Vallon, Schepps and Rosenthal and goes on to relate that early in t.,e morning of July 13, three days before Rosenthal was killed, he saw Rose Vailon and Webber standing in front of the Garden cafe on Fftieth street.
 Saw Rosenthal
 "The three were not more than five feet away from me- his story continues "1hen saw Herman Rosenthal, a woman whc I believe was his wife, and a short stout man come from the Seventh ave- nue door of the cafe. It was then be- tween 1 and o'clock in the morning. I heard Rose say to Harry Vallon. There he is now. Go put it over him. I knew Roses reputation ana also what was meant by the expression cput it oyer.D immediately crossed the street to avoid trouble. When reached the other curb I turned round and saw Rosenthal and his party walking down Seventh avenue. Webher and Vallon were still standing on the corner''
 At the trial of former Lieutenant Beck CT. Rose testified that he met the gum men in front of the Garden and that 1t ~as their intention to kill Rosenthnl that night. Rose said. however, that he saw a man who looked like detective and the killing was called of Dresner said he had failed to tell his story be- fore now because he was in fear of be- itt5 killed as "squealer In his affi- davit he goes on as follows:
 Shortly before ? o'clock on the morn- ing of July 16. I was standing on the steps of the Elks club, in Forty-thrd street, diagonally acros. the street from the Metropole. heard snots and a min- ute later gray automobsie raced past Oi, the running board of the car I saw sam Schepps. Shapiro, whom have known for years was arriving the car In the machine I saw Harry vallon and "Bridgie'' Webber. I do kot know whether there were any other men in the car"
 Former Justice Wahle, of counsel for the gunmen. late today appeared before Supreme Court Justice Weeks with these and other affidavits and urged that an crder be issued making 1t mandatory for District Attorney Whitman to show cause why the four men now in Sing Sing should not be granted new trial because of the newly discovered evidence con- tained in the affidavits. Justice Weeks referred the whole matter to Justice Golf, who presided at the gunmen's trial