Norwich bulletin., 1914-04-08
Gunmen to
 Die Next Week
GOVERNOR GLYNN REFUSES TO
 COMMUTE SENTENCE.
WARDEN IS TO FIX DATE
Claim Made That the Second Trial of Guilt of Condemned Men.

Albany, N Y., April 7-Governor Glynn tonight refused to either com mute the death sentence of the four gunmen who were convicted of staying Herman Rosentha1 or to grant them reprleve until after the second trial of former Police Lieutenant Charles Becker. They now must died by eiec- trocutlon in Sing Sing prison some time next week. probably Monday. The court of appeals, in denying their mo- tion for a new trial, set the week of April 13 as the time for their execu- tion. The exact date is fixed by the warden to suit the convenience of him self and his assistants.
 Improper to Exercise Executive Power.
 It would have been miscarriage of justice to have granted communication, and an improper exercise of executive power to have granted a reprieve, the governor said in a statement. The case of the four gunmen does not de- pend in the least on the result of the Becker case, he continued, and no evi- dence has been offered him tending to show that there is any reasonable probability of anything developing in the second Becker trial which would change the result reached in the gum mems cases.
 The full names and niclnames of the condemned men are: Frank Cirof1ci ("Dago Frank'), Harry HorowitZ (ttGyp the BIood"), Louis Rosenberg ('Iefty Louie), Jacob Seidenshner (''Whitey Lewis').
 were the texts of letters ne received from Supreme Court Justice Golf and District Attorney Whitman, who acted in the ease. Both men strongly op- posed the granting of g, reprieve. Ths district attorney declared that ito de- judgment of the law against them would, in my opinion, tend to destroy the sense Of security which every law | abiding citizen should feel" The jus 1 tice declared there was no doubt as AS l the prisoners guilt.
 Justice Goffs Opinion.
 Justice Golf wrote the governor as l follows:
 AS near as absolute certainty can | be attained by human means in a hu-
 man tribunal, it was attained when | these four men were convicted or mur- ! der The conviction has been unan1-
 mously affirmed by the court of last | resort.
 Tt was proven that these men did
 not even know Rosenthal, that they were hired to murder him, that they | did murder him, and that me only mo | tive which could actuate them was to
 earn their price. Their guilt, there ] fore, did not in any manner depend on | the prior conviction of Becker, who, 1t l is claimed, through his agents, hired 1 | identity of Becker had never been dis | covered.
 'The person who procures another | to commit a crime and the person who l commits it are distinct entities, and the conviction of one in no sense is de- l pendent on the conviction of the other. As the whole matter now stands, it fig
 settled beyond peradventure that they physically shot Rosentha1 to death, and
 the question whether Becker tnstigated 1 their act may affect him, but 1t cannot
 affect them. Even if Becker on his ] trial should be acquitted, 1t might leav- | to doubt and conjecture the identity of the instigator, but it would not raise
 any doubt as to the identity of the men
 who fired the shots.
 "A respite, therefore, to await Beck l CTS trial, no matter what the outcome 1 could not operate in the slightest de-
 gree to detraut the truth now demon strated, while in all probability il
 would tend to undermine all public | confidence in the administration o1 | justice. I have endeavored to separate the true and governing principle from the confused and loose thinking which -confounds the gunmen's case as tr
 some way interlaced with or dependent
 on the view that a. respite could be o1
 no avail except to delay and create 2
 situation that would be fraught with
 dangerous consequences.