The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-12

cause he was TOO young Mt the time to
work and had no one to support him.
Fred Rao known as PInke Rao
bouncer in q dance hall at 10th street
and tenox avenue. was the next witness
called by Mr. Wahle in the effort to es-
tablish an abb for Dago Frank.
Rao said that on the night OF the murder
he was passing I25th stree! and Eighth
avenue and about 1 30 A. VI. Jean Gordon
hailed him. She was In the custody OF a
policeman. Thomas r. Robinson. Rao said.
The woman said that she had Just been
arrested. She handed him note, which
she asked him to take to Daeo Frank
80 that he could have her bailed gu,
Rao said he took the note To 116th street
and LcnoN avenue. There at a dance hall
he learned Dago Franks address from
Philip Bernstein. Then he went to that
address, which was on Seventh avenue
near lijth street
He found the floor Dago Frank lived
on. he said, but there was no answer to-
his knock. Then he went down stairs At
the front door he met Dago Frank, who
was just coming In.
Rao swore that this meeting was at
2: O5 or 10 a. VI. As the shooting oc-
impossible for Dago Frank to have
reached 1i5th street by that time
Rao was positive that the policeman
with Jean Gordon was Robinson. who IL
nov serving six years FOR bribery IA one
of the outcumcs of Mr.. Whitmans police
inve st!gation He said that he had denied
the story Of the note to Commissioner
Dcugherty because he didn't want to be
mixed up In the case. but that early last
week Mrs. Cirohcl. Franks mother. had
touched his heart
Wphlc then read an affidavit made in
Sing SIM by former Policeman Robin
son. who swore that Jean Gordon had
been ARE sicd by another policeman on
the night In question, but that he had
been !. pucstci 10 take tho grl To the sta
ton house ~ the arresting officer had
placed two girls under arrest. Robinson
sworc that Jean Gordon had stopped 4
man known az Plnke and had given him
note and asked him TO deliver 1t TO
Dago Frank.
The question before the court" said
Mr.. Wahle IN his summing up, lis no,
VIVA, your Honor thinks OF this testi-
mony. but what effect II would have on
n Jury. At least we have proved that
the testimony of Rao, Dresner and Bur
well comes fairly within the realms OF
newly discovered evidence. and "A jury
ought TO have an opportunity to pass
upon IT."
lie admitted that his witnesses wer,
not all they should be that their past'
showed they Were mean. immoral and
criminal. but he asked how about Rose
Schepps and Luban" The Court Of Ap'
peals had branded them with stronger
language than could be applied to tn,
new witnesses. he said. and had done thi,
in n judicial decision.
This is the last cnance these -four
men have OF escaping death" said Mr.
wahie. 1T II u principle of law that Il
Is better that 1000 guilty men escape
than one innocent man suffer. ] ask youi
Honor TO give these men one more chanc,
10 prove their innocence to a jury, ant
I am convinced that with the addition o.
this new proof no jury could be obtained
which would say that the weight Of evi
dence was against them"
Mr. Whitman had nothing to say wher
Mr. Wahle concluded.
Justice Con- then ended the hearing
II was then 5:15 o'clock. The Justic.
said that he would make his decision
public later in the evening in his cham
bers.