The Sentinel=record., 1914-04-12
GOVERNOR GLYNN ALSO STANDS FIRM
Declines to Issue Stay of Execution and Every thing Indicates That the Slayers of Herman Rosenthal Will be Eectrocuted Monday.

New York, April 1.-The last hope of the four gunmen condemned to die Monday for the murder of Herman Rosenthal, the gambler, seemingly was blasted tonight when Supreme Court Justice John w. Golf, to whom a final appeal for a new trial had been made, declined to reopen their case.
 At a prolonged hearing today Jus tice Golf, who was the presiding judge at the gunmen's trial, listened to the testimony of new witnesses produced at the last moment by counsel for the doomed men. Late in the afternoon, after District Attor- ney Charles s. Whitman had been given his opportunity to offset the newly offered evidence with testi- mony of witnesses of his own, Jus tice Golf took the case under advise ment, announcing that he would rem der a decision tonight.
 For more than four hours the jus liGt LOll6u Ofti Ltlt I6COlu Ol IhG days proceedings. Then shortly be- fore 10 o'clock he appeared at the door of his chambers and briefly and quietly announced to the waiting crowd of newspaper men that he had denied the application for 4 new trial, stating that his opinion would be given out as soon as copies of it could be prepared.
 Earlier in the day the governor had forecast his attitude by saying he believed the case should rest en- tirely in the hands of the court.
 The governor displayed the keen est interest in the hearing today. He kept in touch with the different steps through local and New York sources, digestng eagerly every new phase of the testimony as it was presented.
 Asked if he would have anything to say about the decision when the full text was received, the governor said he probably would not. This was taken to indicate that the last hope for the men had passed and they must die Monday.
 Justice Golf in his opinion denying new trial cited that the application had been referred to him because the law requires that motion for new trial be made before the justice who presided at tho trial. He continued.
 Were it possible in the sense of judicial propriety for me to avoid hearing the application 1 would have done so, to the end that a stronger mind would be employed and that would be relieved from a very oner- ous and heart-searching burden. But the law casts upon me a responsible ity and a duty, and no matter how grave the responsibility may be, or how disagreeable the duty, I shall not shift the one nor fail to discharge the other.'
 Pointing out that on behalf of the defendants nineteen affidavits had been presented, the court declared that fifteen should be disregarded as consisting mainly of hearsay, i'm pressions and matters that are irrele- want and immaterial.
 Of the other four affidavits, those of Dresner, Burwell, Kalmanson and Rec must not be considered as of any probative value whatever. Con- sideration of these four affidavits must include their oral examination and cross-examination had in open court"
 "The point of importance dwelt upon by Dressner was that he was present on the 18th of July, 1912, outside the Garden restaurant, when he heard Rose say to Vallon and Webber as Rosenthal emerged from the restaurant, There he comes; go and put it over him. That Dressner understanding what that meant crossed the street to avoid danger and that Rose took him for a private detective. Rose did not so testify in the trial. What Rose testified to was
 "It began to look too much like