davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
hartford MARSHALL
E AFFIDAVIT
Tells Of ..Fra me-up'' story Negro
Heard In the TOmbs.

Hartford Marshall. first attorney for
Bridge Weber. repeats the affidavit he
recently sent to chief Judge Willard
Bartlett of the court Of Appeals. The
essentials of Mr.. Marshalrs affidavit
are after Webber's writ of habeas corpus
had been dismissed Marshall met Web
Der in the Tombs. The affidavit CON
tinues
HE appeared to he very much agi-
tated and discouraged at the dismissal
of the writ and he stated to me at that
time. without ever having previously
mentioned the name of Charles Becker
to me
"'How bad does Whitman want
Becker and ] said.
"I do not know. what do you mean"
HE then asked Would Whitman
let me out II I delivered Becker" and
I said: I do not know. Did Rocker
have anything to do with the murder"
"He said no. but what can ! do"
- realized that II was his intention
at that time to give some false testi-
mony duplicating Charles Becker in he
murder of Herman Rosenthal In order
TO save himself. | thereupon told him
that ! would not act further for him
as his attorney and he requested me TO
telephone Max Steuer a well known
lawyer"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
WOODS PRAISES 3 POLICEMEN.
Com ~ missioner Thanks Men for
Acts Of NRlOr.

Detective Michael Fiaschetti. detective
bureau Patrolman John e, taspore,
Fifth inspection district, and Henry
Seligman of the Fifth precinct received
honorable mention yesterday by Police
Commissioner Woods for acts of valor
performed while on duty.
ON October 90, 19li. Detective Fias-
chetti pulled tho fuse from "A lighted
bomb IN front of a houe on Humboldt
street, Brooklyn, While unarmed and
in pursuit Of an alleged coke tiond on
lO5th street une 20 of this year PATROL
man Caspers was threatened with "A re-
volver, The man turned and pointed the
weapon AT him three times. but on each
occasion the cartridge failed to explode.
The fourth time 'aspere, who had al
most caught his man, was shot in the
leg, He continued the chase anti. the
muscles OF his leg refused to act, his as
sailant escaping.
Patrolman S%clir,ran. while on duty
and in citizens clothes happened to see
"A gun fight between three men on Jan
uary |, 1918, on Oliver street, lie ran
over, took a revolver from one man and
while holding him attempted to arrest
another man. Finally he was assisted
and the trio were arrested.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
n EXPECTED
$4,000, SAYS KAUFMAN
Relative OF Gamblers wife Tells
Of Murder Night Talk.

BENJAMIN n. Kaufman. for twenty
vc,rs an associate of Rosenthai and a
relative of his wife, said in ms afnda'''
that -four hours before Rosenthai was
sho, he met the gambler on BROADWAY
His affidavit goes on;
81 said TO him, why didn't YOU keep
your appointment with me for : O'CLOCK :
saw Muttle this evening and herman
said. 4 had him on the phone his morn.
ing and he is all right. But tine neil
with that. ] have bigger ideas than that
tonight
81 asked him what he meant and he
said, 4 nave an important ~engagement
tonight at the Metropole to get $l"'ooo'
| said, Who the he'll is going to give you
$4,000" and lie said, What the hell IS
$4,000 TO that gang, you don't think
they are going to he all closed up. II
won't amount to a nickel apiece TO them,
They would give "A hell OF "A lot more
than that before they would go out OF
business
"He said further. You be up at my
house at I o'clock because as soon as l
get that money I'm going TO beat II the
trunks are all packed and ! am all ready
10 go, and | will fix you up before l
leave. | will write you and let you
know where ] am and YOU can let me
know everything that is COINS on, The
papers say | am going 10 lie at WHIT
mans office at 2 o'clock in the morn
ing, but my appointment with Whitman
IL for S o'clock at his house, but by that
time | will be several hundred miles from
New York
II asked HIM il he was going home
and he said. NO, If ] go home she won't
want me to go out again and ] asked
him if | would go home and stay with
Mrs. Rosenthal and he said. NO. IL you
do she will only want to know where
] am
"My movements and Iierman's move
ments and the various conversations mad
with Herman as above set forth on Sun
day and Monday were all told by me
to Assistant District Attorney Moss In
( the presence Of Assistant District At
torney Smith. ! also told this TO Com
missioner Dougherty and Inspector
Hughes. Mi. Moss said he would have
me go ~ fore the Grand Jury and ! went
10 his office for that purpose, but ] was
never taken before the Grand Jury.
"Abou a week before Herman was
killed ] asked Herman when he had last
seen Jack Rose and he said, 4 have been
looking for him for more than a week.
but he is too smart he lodges me. be-
cause II I could run across him ! would
kick his brains out and then be satisfied
for the rest of my life.
"For more thar three weeks before
Herman was killed ] was often with
Herman and knew from what Herman
said that he was looking for Rose. and
was glad that he never met Rose when
] was with him"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
FATHER CURRY RELATES
BECKER CONVERSATION
Gives h Biw Tim sullivan story
In Detail.

Father Curry. after r~eciting In his
affidavit that he became Becker's spirit
ual adviser after the police lieuten-
ants arrest. said
Becker told me that he had beer
out all day Saturday previous to the
murder and all Saturday night and that
he was out all day Sunday too ard
reached home late that night. As he
was about to retire the telephone rang
and some one. I think he said Mr..
A%ppelbaum. spoke to him and infromed
him that Tim sullivan wanted to see
him Immediately.
Becker said. You will have to let
1t wait until tomorrow The answer
came. NO. II is very important Becker
said Il am too tired to come now. let
il go Until tomorrow. when ! will see
him. I have been out all day yesterday
and all night last night n all to-
day. and I am too tired ] II get
20 bed and get a rest.
The person at the other end OF the
wire insisted that he must come and
said he would send his car for him.
All right Becker said. Y will come
down, and In the meantime while wait
ing for the car I will take a bath and
be ready by the time II reaches mere
When the car arrived Rose and Appel
baum were in IL.
They brought him TO All ohice
around West Ssxtieth street and Broad
way, think IL was n OF sullivan $
theatres. sullivan brought him upstairs
Il understood Becker TO say one night
but the papers say two hights) 10 an
Office in the back and there he spoke
about Rosenthal's coming appearance
before the Grand Jury. and wished to
know II there was not some way py
which Rosenthal could be prevented
from testtfying.
Becker thereupon said Neither yor
nor | have anything to fear from am
disclosures whatever that Rosenthal viii
make. I know all that he is going &c
say. l know men whose names n wa
mention. Neither you nor l have any
thing To fear from hin. sullivan SAL"
III must be prevented couldn't stanc
for it, NO said Becker. this fellow
has got to get this thing on. You nee'
have no fear at all. I haven't any.
After reassurtng sullivan that there
was not any need OF fear Becker re
turned home"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
TELLS OF 50, 900 LOAN
MADE BY BIG TIM
Cohen Says tie Was Unable To Get
the Money for ROscnthnl.

Isaac NJ Cohen doposcs thai; he Was
acquainted with Rosenthal. and a year
before the murder Iioseuthal asked him
TO discount a note for $4,000. made to
Rosenthals order by Timothy u, Sulli-
van.
Cohen said he kept the note for sew
eral days and tried to have it dis
counted, hut could not because those to
whom he applied said that all of Sulli-
vans enterprises We're Incorporated and
they did not believe he had sufficient
means IN his own name to warrant the
loan.
The note was then returned to Rlsen-
thai, 1t will be recalled that Becker
and Apelhaum both spoke of sullivan
having given a note 10 Roscnthai.
The remaining AFFIDAVIT Is from John
i, Mcintyre, who says that Becker
never old him OF the meeting with Big
Tim sullivan ON the Sunday night pre-
ceding the murder,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
CRUZ or THE CASE,
SAYS VI. T. MANTON
Hccker's Meeting with Mig Tim
Was News to Lawyer.

- -, - ~ ..x
"',y." -" .. 49,.
oe'N'' 80
~. ur' nNr"
,er'"'e WI" h'H tn my. '.,'H!lH VIZ"
r''n'r 'ui's W." "''' WI '"''''" says
iuitle''
Inc N'"'''n'nt "t i''se 'uoHS'eu ~
many newspapers III 'u'Ht'chl 'eI'"s ''Is
ul"rhine' however SHOWS n'Nohp an
d'uht heokers statement, IN this respect
I" d" hiSolutHly true There can b" no
u"uht' hfst' mat the meeting oet"een
Rose. Arelhium. sullivan and Recker
described IL Rockers statement ad-
dressed To the Governor. and made a
part or these moving papers. actually
took place second. That II was At Su.li-
vans request tnird. that Rose was a
party 10 it fourth, that its object and
purpose was to persuade Rosenthal to
refrain from making any further dis
closures and 10 place himself beyond
reach OF a subpoena from the District
Attorney 10y leaving The city and rfth,
that BECKER ?, fused 10 lave ANYTHING TO
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
SAYS ROSE TOLD HIM
HE HAD $4,000 FUND
Edward &. Ginty Tells Of Talk
With Gambler.

Edward &. Ginty. former deputy sher-
in OF Danbury. Conn, says
Il rave known Jack Rose since 1898.
In the fall Of 1913. while on the train
coming from South Norwalk to New
York. ]. with Harry Dick. "A merchant
OF Danbury, met Jack Rose and had
a conversation with him.
1--WE discussed generally the Rosen-
thal case and Rose told me that il was
never intended that Rosenthal should
be killed that the intention was to Of
fer Rosenthal a sum of money, and in
the event that he refused to accept 1t.
the gunner were either to kidnap him or
beat him up.
THAT on the night of the murder he,
Rose. had over $4,000 In his possession.
which had been entrusted to him to give
to Rosenthal for the purpose of paying
the ~latter's expenses In going away and
remaining ava for some time. That
when Rose learned that Rosenthal was
killed he threw up his hands in the air
and was very much shocked n disap-
pointed
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
BECKER OFFERS OWN
TESTIMONY TO COURT
Asserts IL I mn bIr to Give
Him Fair ucariOH.

Most of Becker's application is a re-
view of the other afidavits. lie says
in part:
II am not guilty Of the offence for
which | have been convicted. now ask
the court for a new trial or the ground
of newly discovered evidence. Said EVIL
dence was not available at the time OF
my trial. II il not cumulative. and IL
IL had been produced before the jury the
verdict in all probability would have
been different.
The letter OF Joseph Murphy. at
tached to the affidavit of said Murphy.
was writ n to my counsel without any
knowledge. solicitation or suggestion on
my part, or the part OF any one on my
behalf. 1t was submitted by my counsel
TO the Governor, who informed said
counsel a few days later that the said
Murphy was not in the Tombs at the
time. | have since had the T. cord OF the
Tombs examined and | find thai the
said Murphy was actually a prisoner
confined therein at the time that he
states in his letter.
The statements embodied in said
Murphy's letter | believe to he absolutely
true. The entire case against me has
been. fabricated by said Rose. WALTON and
Weber, just as the said Murphy heard
them planning to charge me, In order
To save themselves from prosecution for
the said crime. abundant evidence of
their guilt being then in the possession OF
the District Attorney, Against me there
was 10 evidence, except the statements
of these men that | had Counselled them
to cimmit the crime which they ac-
knowledged having perpetrated.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
CURRAN IS ACTING MAYOR.
Mitchell aud NcAncnH Are Both at
tamp whitman.

New YORK has - new NHyor--a Re
puhlicau-licnry II, turran, vice-chair-
man of the Board Of Aldermen. He
ssumed the honor and duties of acting
Mayor yesterday because Mayor Mitchell
was AT Camp Whitman s~peechmaking.
and George McAneny, President of the
Board of Aldermen, was there too.
Mr.. turran is to be the acting Mayor
until Monday, when Mr. Mitchell will re-
turn 10 town after "A SUNDAY spent on
the Jersey coast, Mr.. McAneny will he
away for ten days, goIng to Lake George
from III" i'ishktil camp,
This Is the first time Alderman Curran
has been acting Mayor aud he makes the
fourth Mayor he city has la in the
past year.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
TWENTY. SEVEN INVITED TO SEE
BECKER EXECUTION WEDNESDAY

OSSINING, N. Y, July 23.-Warden Thomas Mott Osborn of Sing
~ Sing prison issued twenty-seven invitations yesterday afternoon
for the execution of former Police Lieutenant Charles Becker on
Wednesday.
The list of invited guests includes Justice Clarence Shearn of the
Supreme Court, District Attorney Perkins and Sheriff Grifenhagen
of New York county.
Besides the three named the jury to witness the execution will
comprise four doctors, five citizens and fifteen newspaper men. War
den Osborne refused last night to make public the names of the doc
tors and citizens he has chosen.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
TELLS or HEARING PLOT
DISCUSSED IN THE TOMRS
Joseph Murphy says lie Overheard
Three I~nfOrmers' Talk.

Joseph Murphy. now In Sing Sing for
murder in the second degree. says he
was In the Tombs IN July. 1919, in a cell
near Rose, Weber and WALTON. lie con-
tinues:
This is what ! heard just as near
as ! can recall the words of Rose, Web
Der and WALTON. 1t was the sunday be-
fore they were taken away, think
they were taken ava the mex day.
Anyway. It was the day before Becker
was arrested, and on Sunday. while on
he afternoon walk allowed the prisoners.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24

Cumincew. in Zinn's retaurant at 90
Third avenue on April !. The Grand
Jury at the same time began an investi-
CATION Of the crime.
Inspector Faurot, Detectives casano
and Carrao. who arrested the men :.
Coroner's Physician MCAllister and a
chef at the restaurant appeared as wit
ncsSes before the Grand Jury. II Is cN-
peCted that the inquiry will be finished
on Monday and "a report made TO Judge
Rosalsky of General Sessions.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
DAN THE DUDE TELLS
OF THREAT BY WEBER
Made Ia Dollar John Langerman
ut Outing. lie Alleges.

Louis Harris. known as Dan the Dude,
with a prison record, a friend of Rosen-
thai and the four informers, said In
his affidavit that on the San Paul out
ing the sunday before Rosenthal was
killed he heard Bridgie Weber say TO
Dollar John Langerman:
"If you string with Herman wen
take you the same as we're going to
ike him" Harris said further
81 thought no more OF 1t. II didn't
shock me. thought it was one Of
those casual threats a fellow hears every
day. and so | thought no more Of It,"
After the murder Dan called at the
Tombs in response to a request sent by
Jack Rose, and continued TO call all the
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
His constitutional Right.

81 have a constitutional right to a re-
view OF the case against me by IA Cover
nor bound to do substantial Justice and
to consider evidence offered upon its
merits regardless of any technical condi-
ions. To such a tribunal every fact set
out in the accompanying affidavit would
he properly addressed. But that right
Is denied me,
THE man who prosecuted me as Dis
trict Attorney is now the Governor Of the
State. Proceedings leading to my con-
v~iction, the conduct Of the prosecution.
the character of the evidence-all OF
which | have "A right to have reviewed
by an Independent Executivc-must be
reviewed by the man who brought
about my conviction az District At
torncy.
The court, exercising that wide dis,
erection with which the statutes cloths
1t, il asked to take this fact into con,
sidsgation. and even though the testl,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24

mony which I might have given at the
second trial. but didn't produce. may not
be accepted o as sufficient grounds
to order a new trial. yet the court Is
asked to consider il in the light Of
other testimony. which liz entirely new.
And IL all OF II taken together would
undoubtedly have changed the result.
then to order that I have a new trial
az the statute provides.
I'm view OF the fact that there Is not
sufficient time for the usual notice Of
motion. I ask hat an order to show
cause may be granted"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
HELD IN RESTAURANT MURDER.
Three Italians Committed ia Tom rs
nj Jury IuNestigRtlng.

Judge Grain Of General Sessions
Yesterday committed to the Tombs Vim
cent l.icata. Gaetano Romano and
Antonio lcilegrino, arrested recently on
a charge Of numbering otto Xinu and
two assistants, Roman Held and stephen
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
Exa% OHer.

III the facts embodied in the annexed
statement addressed TO the Governor had
been proved on the trial il can hardly be
doubted that | would have been ac-
quilted. They would have shown that far
from desiring Rosenthal's disappearance
] was most anxious to prevent il, and
that | had so informed Rose.
Lest it be considered. that | failed 10
take the stand because was afraid Of
cross-examination, ! tender myself now
for examination and cross-eXamination
on every matter embodied In that state
ment, to which ] here make oath.
The affidavit Of the Rev. Father James
b. Curry shows that these statements
are not eleventh hour inventions. They
were all made to him in substance more
than two years ago. He also shows that
they were made public by him without
my consent and without any authorize
ton from me, and he has given the rea-
sons for publishing them.
1T Is quite true that ! did not take
the stand. The reasons are those which
| gave Father Curry two years ago
and which he states in his affidavit.
However eXtravagant or ridiculous these
reasons may have been they were none
the less those which actually governed
me.
1T may be that these facts having
been in my possession before the trial
they would not be considered under ordi-
nary rules on a motion for a new trial.
But under the extraordinary conditions
governing my conviction II Is respectfully
submitted the court should take them UNI
der consideration in connection with
other evidence entirely new and which
if given on the trial would. l am advised,
have changed the result.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24

Another affidavit is from Edward c.
Ginty, q former deputy sheriff of Dam
bury, Conn. who says that In the fall Of
1913 Jack Rose told him the plan a
been to try to bride Rosenthal to leave
town. and in case he refused the gum
men were to kidnap him. and that Rose
at one time had $1,000 with which to
bride Rosenthal.
Louis Harris in an affidavit says he
heard Bridge Weber tell Dollar John
Langerman on the sam Paul outing that
Dollar John would get his like Rosen-
thai was going TO II Langerman cor
roborated Rosenthal's 'saueal' and mar
rates conversations with the informers
in the Tombs. indicating that they
planned to frame up" Becker
Isaac Cohen says hat Rosenthal once
brought to him a note of Big Tim Sui
livan's for $500 to have II discounted.
and John +. Mcintyre, and Martin T.
Manton say that Becker never told them
of the Big Tin conference. Hartford
Marshall. first attorney for Bridge Web
her. re,ells his story about his CONVEX
sation with Webber wherein Weber in
Dictated that he planned to deliver
Becker for the murder.
Application IL made TO have Harry NJ
Apelbaum. Big Tins secretary. cited 10
appear in court. and Mr.. Cochran said
he Thought II probable that Jack Rose
would be called.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-24
Continued from First Page.

upon having read the afidavits and the
application 1t is ordered that the People
shall show cause next Monday morning
at $3.50 why an order should not be
made setting aside the conviction OF
Becker and granting "A new trial on the
ground of newly discovered evidence
'and upon the further ground that upon
a new trial evidence can be produced,
such as, IL before received upo the
former trial Won probably have
changed the verdict. and for such other
and further relief as to the court may
seem just and proper"
The order was served upon District
Attorney Perkins. who said that as he
had not then read the a~fhdavits 1t
would be unwise for him to discuss the
situation.
one of the ~anidavits is from Becker
himself. 1t is largely a review of the
other atfidavits. which he says contain
new evidence which would have changed
the verdict at his trial. There Is an
affidavit from Father Curry. reciting
that Becker told him OF Big Tim sui
Ivan two years ago, and thar Big Tim
sullivan sent for Becker the Sunday
night before the murder. when a con-
fer, nee was held, as Becker has de-
scribed in his recent long statement I:
there is an an1daNlt from Joseph huT-
ply, nov in Sing Sing. who swears that
he was in the Tombs the second Sunday
after Rosenthal was murdered and over
heard Rose, Webber and WALTON plotting
to fasten the murder upon Becker.
Another affidavit. more startling than
my, comes from Benny Kaufman. a
cousin OF Mrs, R~osenthal, who says that
on Monday night. a few hours before the
murder. Rosen,hal told him that he was
going around to the Metropole to get
$4,000 from the gang who don't wan
to be closed up the inference being
that they were gamblers that Rosen-
thai said he was going to take this money
and the next morning. when he was TO
meet District Attorney Whitman TO
complete his gambling revelations, he
would be hundreds of miles away.
Lincoln County times. (Jerome, Idaho) 1911-1919, 1915-07-15

1000 acres, used TO raise hay. and
$500 acres of pasture. AS to the
amount OF water necessary for this
amount OF irrigation, the court de-
cides, taking into consideration the
elevation OF the lands. 12,50O acre
feet should be sufficient He reaches
this In three ways: BY apportioning
the amount of water used according
to the brief records. by allowing
acre feet for hay and grain land and
" for pasture and by taking the
popular view that it takes an inch
to the acre or a second foot 10 so
acres, flowing continuously during
the actual irrigation season, TO prop
erly irrigate average lands and crops.
He does not look with favor on the
suggestion that the defendant can
hold the water after the grasses have
matured. only in order to keep them
green until the convenience of the
owner for harvesting the crop.
Computation of the rights OF the
irrigation company is made on the
basis of ga acre feet for the irriga-
tion of 1900 acres of land, a total
Of $4,000 acre feet during the sea-
son. In awarding this large right to
the plaintiff, the court takes occasion
to say that there is no implication
that there is sufficient water in the
stream to supply it,
Should the Vineyard company de
sire TO abandon use on its hay anc
meadow lands and transfer its righr
TO the High Line canal the court in
dicates willingness TO permit the
change, provided the new use doe
not enlarge the net loss to the stream
at the plaintiffs intake
Lincoln County times. (Jerome, Idaho) 1911-1919, 1915-07-15
Organizing for 1910.

meeting OF the republican state
committee was held at Boise last
week at which time the resignation
OF State Chairman Day was received
and accepted and Evan Evans. of
Grangeville. was chosen to succeed
him
The meeting also brought out the
names OF various prospective candi-
dates for governor. among which
might be mentioned John NJ. Haines,
former governor; Capt f. G. Davis.
assistant attorney general; E. IL.
Dewey, of Nampa: Charles l.. Heit-
man. OF Rathdrum; NJ. f. Lewis, of
Moscow: ID. w. Davis, of American
Falls: Burton l.. French. of Moscow
and Herman II. Taylor, OF Standpoint
In connection with Taylor's prospect
live candidacy. Boise report publish.
ed I'm the Review. Standpoint. says hC
will announce himself I'm due course
OF time.
Bonner county IL said to have an
other aspirant for Office In Repre-
sentative Conner for congress whil'
Boundary county may produce
strong candidate in Senator Elliot