The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-08
GUNNER TO DIE,
GLYNN DECIDES
Governor Refuses TO Stay Ex-
ecutiOns Fixed for
April IL.
NO ERROR IN TRIAL
Respite Would Be I'M
proper Use Of Power,
He Says.
CASE CAREFULLY STUDIED
Opinions Of Justice GOff and
District Attorney Whit
man Upheld.

ALBANY. April Gov. Glynn denied
tonight TO stay the execution of the four
gunner sentenced to be elcct-ocuted AT
Sing Sing on April /; for the murder of
Herman Rosenthal. the gambler. The
condemned men had applied for a respite
pending the second trial OF ex-Police Lieu
tenant Charles Becker.
This decision follows careful considera.
ton by the Governor of the application
for a respite. the opinions OF the Court
OF Appeals in afIirmance of the judgment
torney Whitman. who prosecuted the gun
men. and OF Justice Con. who sentenced
them. For the greater part OF fve days
and five nights the Governor has spent his
time reading the papers in the case.
The Governor. in his memorandum ex.
terferc. says IN part
Il have carefully reviewed the record
OF the trial and the opinions written in
the Court OF Appeals on the aiiirmance
" the Judgment of conviction in this cas-,
and l am unable to discover any reason
that would Justify the era nting OF a re-
prieve.
The judgment OF convection OF these dc.
PENDANTS WAS unanimously affirmed by
the Court OF Appeals. Judge Chase. In
writing the principal opinion of the court.
makes an exhaustive review Of the evil
dence That court found no error had
81 sl., sho "a
PENDANTS had far trial and that there
was nothing in the case at all 10 require
or to justify a new trial. Judge Chase
distinguishes the cases of these men from
the Becker case. and in this connection
says:
The important issues in this case are
entirely different from the issues in the
Becker case
Judge Miller, who strongly assailed
the verdict IN the Becker case, concurred
in the opinion of Judge Chase In this
case and called particular attention I"
the evidence, which shows that four wit
nesses. In addition to those in the Becker
case. positively identihed one or more of
shooting OF Rosenthal.
Judge Cons Letter.
Judge con. who presided AT the triai
Of these men, has written me In th,
matter as follows:
LAS near as absolute certainty can
he attained by human means IN
human tribunal. II was attained
when these four men were convicted
of murder. The conviction has been
unanimously affirmed by the court
of last resort II was proven that
these men did not even know Rosch-
thai, that they were hired To murder
him, that they did murder him. and
that the only motive which couid
actuate them was to earn their price
Their guilt, therefore. did not in any
manner depend on the prior convic-
ton of Becker, who, II Is claimed
through his agents. hired them. nor
would II he. affected II the identity
of Becker had never been discovered
The person who procures another to
commit a crime and the person VINO
commits it are distinct entities. ana
the conviction OF one In no sense II
dependent on the conviction OF the
other.
LAS the whole matter now stands
IT Is settled beyond peradventure that
they physically put Roseh'na' 10
death and the question whether
Becker instigated their act may ar
feet him, but 1t cannot affect them.
Even IL Becker on his trial should he d.
acquitted, it might leave to doubt
and conjecture the identity or the
instigator. but 1t would not raise any
doubt as to the Identity OF inc iheH
who fred the shots.
"a respite. therefore. to await
Rockers trial. no matter what the
outcome could not operate III the
slightest degree to aid or d'tract from
the truth now demonstrated while IN
all probability It would tend to under
mine all public confidence In the adj
ministration OF justice. l nave en-.
| dcavored to separate the true ana
| governing principle from the con
| fused and loose thinking which con
POUNDS the 'gungnen's' case WIN 'hat
OF Becker and am convinced that a
r,splte could he OF no avail except 10
! delay and create a situation that
would be fraught with dangerous con-