New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-12

ncSSeS. lie OCCupleu an houi III of
ing his case on the motion and another
hour in summing up. He said he want
ed 10 divorce all sentiment or sympa-
thy from his plea, and urged the court
10 decide the matter purely on its
merits.
The credibility Of the two principal
witnesses was considerably clouded by
the hammering of Mr. Whitman's rapid
fire cross -examination. He showed one
of them as a man with long criminal
record and frequently forced the other
into contradictory statements. The
opinion prevailed in the courtroom at
the close Of the hearing that Justice
Goff would not be long in denying tie
motion.
A large crowd Of newspaper men and
lawyers waited outside of Justice COTS
chambers in the Immigrant Savings
Bank Building in Chambers st. for the
decision. Mr.. Wahle and his partner,
II. Lionel Kringel. were in the crowd.
The gunmen's lawyers felt that the
testimony had impressed Justice Golf
favorably. and considered the length Of
time he was consuming in writing his
opinion a good omen. They were great
ly shocked when they heard the result.
Justice Golf met Mr.. Wahle in the hall
way as he left his chambers. imme-
diately after the announcement was
made.
Il am sorry TO tell you that l have
denied your motion" he said to Mr..
Wahle. II have the highest esteem for
YOU, and l wish 10 compliment you on
the way in which you have handled this
case. Your clients interests have been
Your main aim, and you are credit to
the community, both as a lawyer and
a man."
. Counsel in Tears.
Judge Wahle's eyes filled with tears
and he spoke with emotion in replying
10 Justice Golf.
~ know you have given the matter
YOUR careful consideration" he said:
but I am about to undertake the hard
est part Of the whole matter. The rela-
tiyes of these four boys are waiting
for me at my office, and I dread the un-
dertaking"
The Judge bowed and Mr.. Wahle hur-
ried away to his office.
A score or more Of the relatives OF
the two gunner had assembled in Mr..
Wahles office, at 220 Broadway, hope !
f,illy awaiting a favorable decision /
The young wives of Lefty Louie and
''Gyp the Blood" the mother and sis |
ter of "Dago Frank" Cirofci and the
brothers and parents Of Whitley
Lewis were all there.
Jacob Rosenberg, father Of Lefty |
Louie" who has been the leader in the
long fight for the gunmen's lives, broke
down and wept. The women gave way /
10 tears and the men looked stern and |
white when Mr.. Wahle appeared and /
told them the worst.
Mr.. Wahle said that he would make
one final plea to the Governor to-day
He will go to Albany accompanied by
several of the relatives to-day in the |
hone of seeing the Governor and maxi
ing a last desperate appeal to him for
a reprieve. He had made no arrange
ments to see the Governor, he said, but
would make his last appeal frank
talk with him If he gained an audience
with the executive.
Governor Glynn last night refused to
make any statement concerning his
future course in the gunmen's case or
TO comment in any way upon Justice
Goff's decision. 1t is believed he Will
not interfere further.
The hearing on the motion was held
in Part IS OF the Supreme Court. 1t
began at noon and lasted until .
o'clock The courtroom was crowded.
Practically all the relatives Of the four
gunner who have been identified with
the efforts to get a reprieve or a new
trial were present. The blond, doll-like
wife Of Lefty Louie" Rosenberg sat
beside the dark eyed, slender girl who
is the wife Of "Gyp the Blood" Harry
Horowitz). They made affidavits In
connection with the application to Gov
ernor Glynn for a reprieve, and openly
showed their disappointment when the
justice told counsel that their testi
rnony was not necessary.
The proceeding took a sensational /
turn shortly after Mr.. Wahle had be- |
gun TO outline his new evidence TO the |
court. A note directed to Justice Goff |
was handed to him by court attend !
ant, and upon reading it he immedi
ately interrupted Mr.. Wahle and pro-
ceeded to examine several witnesses in
an effort 10 find out who wrote it.
He declined to make the contents
public. but it was understood TO be a
threatening letter. anonymously writ
III, warning the justice that his life
Gould be in danger IL he failed to grant
the gunner a new trial.
Admits He Delivered Note.
A court officer brought up Gustav Beck.
of 657 caldwell ave, The Bronx, as a
witness, at the order of the court, and he
proved to be the man who delivered the
note. lie said he had brought II into the