New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-11


ofsos. and Stanley L. Richter. Deputy
Assistant District Attorney. were pres
emit. representing District ATTORNEY
Whitman. who was in Chicago OUT 10
expected back before noon to-day. JUS
tice Golf held the hearing in his library
A, the beginning he told those presen'
that he regretted a matter per'a'nn"s "
the eunmen's case had come pefore "'i.,
again. because ne thought a new ih'''o
should deal with the subject on any "'o-
,,ons made. He asked Mr.. Wahle 10 pre-
cen. his new evidence expeditiousiy
Mr. wahle explained the situation 10
,,s.,c. COZ and referred to all the mo-
,,or raners. but dwelt particularly upon
,h. ,wo afhdavits obtained yesterday as
the basi. for his last appeal 10 the court
for a new trial Justice Con hao an OPP
nortunitv 10 look over the papers anu
afsdavits. which had been turned over 10
him by Justice Weeks.
Mr.. Wahle said that sood part oA '.o
evidence which had previously oeen suo'
p,it,ed 10 the Governor might De con.
sidered as cumulative. but the bur"e"
erd Dresner afidavits were tssentlah!
,sVvIv discovered evidence and IL was
mo, those that he made his appeal. lie
axnl.,ned the circumstances under wh'ch
these affidavlts were made ana asso' 'eu
that he had no doubt as 10 their truth
Without intimating in any way "na' ms
Anal disposition OF the matter mlsh' oo'
.,d with little or no comment on the ne"
evidence. Justice GoF finally signed 'ne
49, sought. and made il binding upon
The District Attorney and counsei lot .''o
ssa,,.s 20 appear before him to-day
Al 70 o'clock.
Wanted Hearing MONDAY
II, Wahle wanted the heanns SCI io'
Monday. and asked Justice Cor " 'oN-
in an application TO Warden Ci"n'
reinforcement Of the execution uh'i
,rh,,rsdav in order TO give sufficient 'i'ie
for the presentation OF the WITNESSES
tho argument on the motion
1,,s,;co Golf pointed out that he hao i'o
.e,o,., association with the case now anu
-. rou,er Of granting stay OF eXecu'on
~ 80 o0t;re,v with the Governor. lie III
sisted upon holding the heariis 10
Assistant District Attorney Ia!'
ia, he would not bind the Dls'iio'
,o-nev 10 complete his examiha'o"
~ makers OF the afidavits To-Day.
"a that the District Attorney Khe"
,,,,ng about the affidavits, put he
,sresd 70 appear at the hearing ui'eo,
vr Whitman should return IN 'iiiie az
go himself and DO what he could 10
facilitate matters.
Suggests Plea to Warden
,.,..,.a Gorr suggested at this poiht
that Mr.. Wahle call Up Warden Ian.
=, Sing Sing and see If he wouid DC
NE. ~ nostpone the execution uiui
~, rrhursday. as he had rlgnt 10 oo
,',d.r the sentence providing for It's exc
cpt,on during the week beglnn'hs W.
d.v" This was done and MT IAN!
,an,,sa that he would let MT. VANS
,,rou q, his Office at 10 O'Clock. Justice
Gov, s,d not support Mr.. Wahle IN inns
r.ous,, hut merely suggested that IL
might be a temporary way out VI INV
dificulty caused by the limneo 'inhe'
Afterward Justice Gof changed NJ.
mind and declared that he preferred iio'
10 rely on any telephone com'i'uii0n.'oH
from the warden. lie pointed out tna' as
far as he was concerned he wouid nave "
assume that the execution was 70 take
place on Monday morning.
He asserted that ne had received an
oftc,al invitation from the warden 10 WIZ
ness the taking off OF the four condemned
men. He intimated, however that II thero
l,as not time TO finish the argument on
IN. motion to-day Mr.. Wahle. or the DIS
trict Attorney, or both. might appeal 10
the Governor for stav.
A careful search was made in Poush-
kseosIe last night by detectives for Mrs
Annie Brown, the woman TO whom Bur
we'll stated in his AFFIDAVIT he had gwen
a memorandum book in which he maze
notes of what he saw OF the Rosenthai
shootine. No such woman was known
there, II was said.
The italian district was conbed by the
detectives in search OF Louis Capadanno,
whom Burwell mentioned as Mrs.
Browns brother. but he was not found.
No one BY that name could be found
in the district, and the Italians oues-
TONED knew OF no such man.