The Barre daily times. (Barre, Vt.) 1897-1959, 1914-04-10
Based on Alleged Evidence
Discovered by Former
Jewish Clergyman
CONSISTS OF NOTE DIS
CREDITING WITNESSES
This Exhibit Was Presented
to Gov. Glynn in a
Final Effort

New York, April l0,-Friends of the
four gunmen sentenced to die in the
electric chair at Sing Sing on Monday
morning for the murder of Herman Ro-
senthaI, the gambler, to-day based their
hopes for reprieve for the condemned
men on alleged evidence discovered by
Z. B. M. Browne, formerly an active
Jewish clergyman, which he was pre-
pared to present to the supreme court
justice, together with an application for
new trial.
This evidence consisting of note or
memorandum submitted to Governor
Glynn at Albany yesterday, was the
note which Frank Moss, former assistant
to District Attorney Whitman, admits
writing, it is alleged, to discredit two
government witnesses who appeared in
the Rosenthal case. The note was adj
dressed to former Governor Sulzer, while
preparing for his impeachment trial, and
read, ''Be careful as to anything given
by Iuban or Maf1olis.
Upon discovering the note. Brown took
it to Governor Glynn and begged that
it be given consideration.
The governor called on his legal ad-
wiser, John G. Gaze, and James E. Dele
hanty, an assistant of District Attor-
ney. Whitman, and the latter agreed in
behalf of the district attorney to waive
legal formalities and go before a SUI
preme court justice and permit Mr..
Browne to tell his story under oath If
he desired to make an effort to obtain
a respite or a new trial for the con-
demned men.
The governor declined to express any
opinion on the merits of the new angle
of the case. He said that it was his
desire that the gunmen should have
every. opportunity to prove their inno-
cence, and that he had suggested bring
ing the district attorneys office into the
case.
Mr.. Browne is familiar figure around
the capitol. He formerly was warm
friend of Mr.. Sulzer. He describes him
self as "a friend of unfortunates and a
rabbi without congregation"
"In August, 1913, Sulzer asked me to
be a witness for him in the impeach-
ment trial and / refused" he said, in
speaking of the note. subsequently |
was told that Luban had offered to give
testimony for Sulzer. Some time later
was discussing with one of District
Attorney Whitman's assistants the pos
sibility of Luban's testifying at the i'm
parchment and he told me to tell Sui
zer to look out for any story that Luz
ban might tell.
az told the assistant it would make
it stronger if he would put that in writ.
ing and he finally agreed to. That note.
which l showed the governor to-day,
turned over to Sulzer.
"A short time afterward 7 received
from Sulzer package of letters which
he said might refresh my memory con-
cerning dates, in the event of my tes-
tifying. | declined to appear as a wit
ness during the impeachment and put
the letters away. ] was going through
them to-day when l chanced upon the
assistant district attorneys note. Then
determined to make what use of it
could and come here and showed il to
the governor, his legal adviser and
representative of District Attorney
Whitman's office. Now / am going to
look up judge as soon as can, show
it to him and tell my story"
"Did you see the assistant district
attorney write the note?" Browne was
asked.
81 did, he replied. "And he will ad-
nit it,"
A futile attempt to appeal personally
to the governor for the lives of the gun
men was made yesterday by three rela.
tiyes and friend of the condemned
mems families. They were the wives of
Louis Rosenberg ('Iefty Louie") and
Harry Horowitz ("Gyp the Bloody, and
the mother of Jacob Seidenshner
tFWhitey Lewis''), and a Mrs. Volk of
New York. The quartet waited an hour
around the capitol and then, learning
there was no chance of seeing the gov
ernor, left for New York
eve are not without hopes" were the
parting words of Mrs. Rosenberg. The
governor explained that he had refused
to see the women because he thought it
useless.
81 have rendered my final decision"
he said. "To have seen these women
would have meant only another dramatic
scene and no good would have come of
it,