New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-02
Plan to Identify Gunner
Fooled and Denounced
as "Inhuman."
THEY HIDE IN CELLS
TO AVOID WITNESS
District Attorney Asserts He
Wished to Save Time at
Trial by Action.

An effort by representatives OF the Dis
trict Attorneys Office to obtain a formal
identification yesterday OF the four gunner
in the death house who are awaiting exc
cution for the murder OF Herman Rosen-
thai. by Louis Krause, one OF the eye
witnesses of the shooting. was denounced
as inhuman batting of the four con-
demned men by their counsel. It appeared
that the prisoners counsel had not been
officially rotiied Of the intended visit or
the identifying party. and the matter was
postponed upon a strong protest by n.
Lionel Kringel. one of their lawyers. VINO
made hasty trip to the prison yesterday
and arrived in time to block proceedings.
Charles G. +. Wahle. Mr.. Kringels part
ner. Joined in a strong letter OF protest to
Warden Clancy last night against the
methods employed by the District Attor-
ney to obtain the dentications, and inti-
mated that they would lay the whole mat
ter before Governor Glynn.
They contended that the gunner would
not object to a fair identification, If they
were lined up with other prisoners and
picked cut by the witnesses. but 10 take
the witnesses into the death house and
have the prisoners practically Intro
duced" to them by the keepers for identi-
fication was a "travesty upon Justice.
They asserted this was what had been
done.
District Attorney Whitman issued
statement last night telling Of the visit OF
the witness Shapiro to the death house 10
identify the gunner last Saturday and OF
Krause's unsuccessful attempts yesterday
and the day before When Krause APP
peared there Monday, Mr.. Whitman said,
the gunner hid themselves under their
bed covers and refused to let the witness
see their faces.
I'm the course of preparation for the
second Becker trial." said the DISTRICT
Attorney, Detective Albert Thomas was
delegated to accompany the chauffeur
Shapiro. to Sing Sing prison, where Sha-
piro identified the TOUR gunner. who nad
been Heretofore identified by him IN the
two trials of Becker and the gunner.
1T was desired 20 avoid the calling OF
number of purely formal witnesses
such as court attendants, sherin OIL
GERS and state prison officers, to prove
that the persons now I'm custody in the
death house are the same persons VINO
were arraigned in court when Becker
and the gunner were tried. Since the
law does not permit the District Attor-
ney 10 produce anybody under sentence
of death as witness in case 1t was
necessary 10 show the reason why the
n-OdHCpd
the course of the second Becker trial.
For this reason Shapiro was sent 70 the
death house. so that he might be able
to make this purely formal proof.
when the waiter. Louis hrause, IN
company with Officer Thomas. went there
Yesterday 10 make the same formal iden-
tification they were detained outside the
death house for brief period, and then
when they opened the door to enter
Lefty Louie and 'Gyp the Blood jumped
into bed and pulled the covers over their
heads, and Whitley Lewis lay on the
bed, with his arms covering his face;
'Dago Frank hid behind the head Of his
bedstead."
Mr.. Kringel said that he had been in
formed that the identification on Satur-
day was thus: A prison official opened
the door of the death house. and when he
stopped in front Of the cell of Horowitz'
said: Hello, 'Gyp.'" Behind the Official
was Shapiro, who has testified at the two
trials. and he thereupon said: This man
is 'Gyp'" after the prison official had
called Horowtz by that name. Kringel
said that Shapiro did not identity any or
the other three men.
Kringel declared that he found the four
prisoners in a highly nervous state and
CRYING when he reached the death house
Yesterday. They told him they believed
they were being framed up again. They
refused TO submit to further identification
unless they were lined up and given a
fair show" Warden Clancy, hrlngel
said, asserted that they couldn't be lined
I'D. and at first ordered the keepers to use
force on the prisoners and hold them IN
their cells so that the witness could see
them. Kringel asserted that stenog-
rapher had been secreted In small room
adjoining the death house. who joined the
party as they left the prison.
District Attorney Whitman will move
IN the Criminal Branch of the Supreme
Court on Monday TO have date fixed for
the second Pecker trial IL VIII probably
be set ior the first week in May before
Justice Seabury
Mr.. Whitman answered Governor
Glynn's letter yesterday asking for his
opinion i'm regard to granting the gunner
reprieve until after the Becker trial and
opposed the suggestion. Justice Goff is
said to have taken the same attitude