New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-11
ORDER SIGNED
AT JURIST'S HOME
Action Does Not Serve as
Respite Unless He Fixes
New Trial.
WITNESS SAYS HE
SAW ROSENTHAL SHOT
Swears Slayer was Not One Of
the Four--Description Said
to Fit VallOn.
Counsel for the four gunmen await

]
to Fit VallOn.
Counsel for the four gunmen await
ing execution on Monday In Sing Sing
for the murder of Herman Rosenthal
obtained an order from Justice Goff
last night granting a hearing to-day on
a motion for a new trial. Justice Goff
granted the order at his home. at 3l3
West 104th st. after Charles G. f.
Wahle. counsel for the gunmen. had
presented for his consideration newly
discovered evidence. including the affi-
davits OF two new witnesses. The mo-
ton will be argued before Justice Goff
In his chambers IN the Supreme Court
at noon to-day.
Meanwhile the status OF the gunmen's
case remains the same. and they will
be executed on Monday unless Justice
/ Goff sees fit TO grant a now trial, after
he has heard the testimony OF the new
witnesses. An effort was made last
night by Mr.. Wahle to obtain Warden
! Clancey's consent TO q postponement OF
the execution until Thursday. to pro
vide against the contingency OF having
to continue the argument on the mo-
tion beyond tomorrow.
The warden informed Mr.. Wal,
however, that he would not change ...
plans unless the Governor himsoii
granted stay. In case the hearing
NIL foI 70 11,F h.
counsel will apply directly to Governor
Glynn again for a stay OF execution
until the motion can be determined
Mr.. Wahle obtained the affidavit
upon which he based his application r1f
an order to show cause why a motion
for new trial should not be granted
only yesterday. One was made by w.
l.. Burwell. OF Waterbury, Conn,
pool and billiard expert, who swears
that he saw the man who shot Rosen-
thai and he was not one Of the gunner.
His description Of the man talles
closely with that OF Harry ValIon, one
Of the four informers who turned state
witness. He said he could pick the
man out IL he saw him anywhere.
The other affidavit was made by Karl
Dresner. of 147 East 55th ST, a bar
tender, who swore he had previously
known Jack" Rose, "Bridgie" Weber,
Harry Vallon, sam" Schepps and Her
man Rosenthal, and that on the night
Of the shooting he saw Vallon and
Weber In the gray car" as II was
leaving the scene Of the murder and
Schepps standing on the running board
Two Men Mako Affidavits.
He also swcars that he saw Rose.
Weber and Vallon outside tho Garden
Restaurant on July 13, three days prior
to tho murder, and heard Rose tell Val
lon TO put II over" Rosenthai that
night as the latter cams out Of the
restaurant with his wife.
These witnesses were examined in
Judge Wahle's office yesterday prior to
making the aff1davits. and Mr.. Wahle
said they had convinced him they were
telling truthful story. They were not
found by counsel for the condemned
men. but came voluntarily at the eley-
! enth hour. with a twinge Of conscience,
as they said, when they realized that
all hope OF a reprieve for the gunmen
had vanished.
A dispatch from Waterbury last night
described Burwell as having q police
record. The police thers said that he
hoH
for minor crimes. including theft shop
/ lifting. assault. breach OF the peace and
non-support. He spent a term in Jail
for the last named offence In February.
1912. according TO the Waterbury po-
| lice and has been arrested in New Ba-
ven. Meriden. Bridgeport and Ansonis.
as well as in Waterbury.
Mr.. Wahle first made application yes
terday afternoon for the order to show
cause to Justice Weeks In his cham
bers. Later Justice Weeks referred the
whole matter to Justice Goff, who was
the judge at the gunmen's trial.
Besides the new affidavits. all the
affldavfts and data which had already
been presented 10 Governor Glynn In
/ seeking reprieve were included i'm thc
papers. Justice Goff informed Mr..
Wable and the District Attorneys Of
fce that he would consider the appn-
cation. sitting In ex-parte proceedings.
at his home at y o'clock last night.
Because OF Justice Goff's severe op-
position to a reprieve, which he incor-
porated in letter TO the Governor
when the gunmen's counsel were seek
ing the reprieve. his action last night
In giving them another day in court
came as a surprise TO many familiar
with the case. lie had intended To go
out of town to-day. he said. but decided
TO remain and hear the argument on
the motion.
| Mr.. Wahle appeared at Justice Cons
house promptly at the time set. Colo
mel Robert c. Taylor. chief OF the APP
| peal bureau III the District Attorneys