Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-04-09
GUNMEN READY
WITH CONFESSION,
RUMOR PERSISTS
Becker's Lawyer May Ask for
Commission to Take De-
positions.
SEE CHANCE TO SAVE
"DAGO" FRANK BY ALlBi
Father Gets Affidavit Showing
He Could Not Be in
Shooting Party.

NEW YORK, April 9.--There were
persistent rumors today to the effect
that at least one of the four gunmen.
who are to die at Sing Sing Monday
morning for the part they played in
the murder of Herman Rosenthal, the
gambler. would confess. The rllmors
could not be traced to their source.
Joseph A. Shay, counsel for Charles
Becker, the former police Lieutenant
convicted of instigating the murder.
but saved by higher court ruling.
said he might go to the prison sone
time today and endeavor to get state-
ments from the four men to be used
by the defense at the second trial OF
Becker
In case the condemned men decline
TO make statements to him, he has
prepared an application to the Su-
preme Court for an order requiring
the appointment of a commission to
take their depostions. In either
event, IL was said, the execution OF
the sentence would not be delayed
Althugh Governor Glynn has tgica
refused to grant a reprieve, the FAM
lilies of the gunner and their coun-
sci, George g. F. Wahle. had nos
given up all hope today. Every
means known to the law viii be ems
ployed from now until Monday,
Wahle declared.
To Answer Glynn's Refusal.
Today he win send q memorandum
to Governor Glynn on the latter's re-
fUsal to grant a reprieve. The mem.
orandum will take the form of an ar.
gument in answer to the governors
reasons for his refusal. Wahle had
at trst intended to go to Albany to-
day to make a personal plea to Cow
ernor Glynu, but when the delegation
OF rabbis failed yesterday to moye
the governor to reconsldering his de.
cision, Wahle determined that the in-
terests of his clients would best ba
served by forwarding the memoran-
dunn by special messenger.
The rumors regarding the expected
confession had ii that the one gum
man most likely to talk was "Gyp
the Blood" Horowitz.
New Hope for "Dago. Frank.
Dago Frank had a new elinamer OF
hope today as result of hearing
that his mother had obtained an AMI
davit from Fred (Pinkie) Reoa He -
the messenger Dago Frank st.,,v-s--ss
heart sent to tell him on iher night OF
/ the murder that she had been arr
rested. Pinkie told Deputy Commits.
sioner Dougherty at the time that he
ulu not see + rank.
Now he Is understood to make az
fidavit that he did take the note and
gave 1t to Frank at One Hundred and
Forty-hfth street and Seventh avenue,
and that it was . a. m, which was five
minutes before Rosenthal was shot
Such an affidavit would strengthen
Dago Franks alibi. He and the other
three gunner say he was not IN the
murder car. Pinkie says the reason
he did toll
was he was afraid he would be locked
up with the gunmen.
The plea to Governor Giynn waA
made i'll the executive chamber after
the governor had completed q hear
ing on pending legislation and was
based on the possibility of new evil
dence developing in the second trial
OF Becker 1t SO completely unnerved
the executive that he had TO retire to
his private office for a time before he
could continue his duties.
Glynn Near Breakd down.
THAT was the most difficult ex.
perience OF my life" he said when
he returned to his desk in the main
room.
The clergymen were accompanied
by II. Lionel kringle, one of the gum
mems attorneys. He did not appeal
to the governor, but each of the cler.
gynen was permitted to talk. The
Governor, meanwhile, stood nervously
twitching his watch chain. His face
was drawn and white, his lips quiv-
cred, and tears were I'm his eyes. AT
times he interrupted the speakers to
say that the evidence before him did
not warrant change of his decision
not to grant the prisoners plea for
executive cemency.
."If 1t were my heart alone that was
considering this case" he said you
know what l would do. I have spent
many sleepless nights because real
lied THAT ! alone stood between these
boys and death. But | have made up
my mind. 1t was "a choice between
sentiment and justice. and ] had to
side with justice. ! would have given
every cent possess not TO have had
TO pass upon this case finally But II
was my duty and ] have performed
that duty as | saw it."
One of the rabbis said that IL the
four boys were put to death nothing
could bring them back to life. This
caused the governor to remark that
RosenthaI was dead and could not be
brought back.
"Gyp the Blood" visited their hus
bands at Sing Sing yesterday and
were with them when word came that
tire clergymen's appeal to the Gov
ernOr was fruitless. Relatives or
Whitley Lewis" also were present
The gunmen We're solemn and
downcast last night, but apparently
not terrified at the prospect before
them "Dago Frank issued anothes
statement reiterating his innocence.
declaring he was not on the scene OF
the murder OF Rosenthal.
n.;.ra4o,, T.octaac VIII