davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21

Again. Rose. II he acknowledged this
sum to be his own money. would have
had no excuse for asking that II I've
secured by a chattel mortgage on all the
furniture. thus making It n kind Of
preferred charge On the business. Bat
by pretending the money came from
some other source no might easily In
sist on conditions which It would have
been extravagant to demand for money
contributed by himself. And IL ! were
believed to have been the source OF II
the terms that he could exact might
we'll be unusually favorable, But 10
this I never gave a thought at the time
What Rose might have said o me
to Rosenthal or what Rosenthal might
have believed was not n matter with
which | concerned m self. My only
interest was In maintaining Roses USE
fulness as a stool pigeon, and this. rs no
himself said, was helped by his having
an interest in IA house, which accounted
for his means Of living without exposing
him to suspicion OF being "A stool pigeon.
At the same time 1t afforded him access
10 other houses where he could obtain
for me the evidence by which alone I
could effect successfully any raid which
the Commissioner ordered me to make.
scouts Roses story.
But that anybody could believe I
would hold such u conversation as the
one Rose mentioned IN his testimony
with Rosenthal COT whom ! had the
knowledge already described) at our
first meeting or (even II ] were capable
OF engaging in the business OF gam
bllng) that among all the gamblers In
New York | would select for a partner
such a man. with whom | had never ex-
changed words except as described In
the accompanying statement, is con-
ceivable only where preconviction ~
my guilt has become an immovable
mental obsesslon.
The fury displayed by Rosenthal
after the raid did not seem to me at all
extraordinary. He was known to have
boosted that he never failed ITO get" any
member OF the force who had molestsd
him. And l was not. therefore. at all
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21

Of conscious innocence, is held evidence
of brazen guilt.
need hardly point out to you that
IL was this preconceptloi Of my guilt
which led both Mr.. Justice Seabury ana
YOU to misapprehend the testimony
given against me on the second trial so
radically that IL was g~rievously mis-
stated both In your address and In the
charge OF the court to the jury. the
most fragrant instances OF these mis-
statements have been pointed out to the
Court OF Appeals in the brief submitted
by my counsel on the motion Tor a re-
argument. IL is there stated tand ~
has not been ~contradicted) that both
the trial court and the Court OF APP
peals assumed the testimony In the
second trial to be Identical with that
given on the first, whereas they were
radically different, and IL was on this
misconcept!on OF the whole case that
the Court OF Appeals affirmed the judg-
ment against me.
I mention all this. sir, not to COM
plain, but to reinforce the request which
I now make that Joseph Murphy, con-
fined in the state prison at sing sins.
be examined by you and asked 10 stare
under oath what he overheard Rose.
WALTON and Weber plot In the Tombs
before my trial.
when my counsel submitted to you
n letter voiunta riiy addressed TO him
by this man Murphy you said las ! Am
Informed tina the writer was not IN
the Tombs while Rose and the 0thers
were confined there. have since
caused the record 10 he examined, and
] beg now. sir. 10 state that you were
mistaken. Not merely was he an IN
mate 81 the Tombs Mt that time. but his
aAAs ahA.A a.AA rAr IfAn
by Mr.. A%pplrbaum on the sunday that
he mentioned can he verified. and by
Mr.. Applebaum himself.
Before my arrest. but after I had
been transferred from Headauarte 70
duty at the Slxty-fifth precinct. Mr.. APP
plebaum called on me twice. once we
met In the captains private room In
the station house. and n few days later
tthe da, before the Sunday mentioned
By Murphy In his letter. ] met him AT
the south end OF Washington Bridge.
Each time his object was TO convey a
request from Senator Sullivan That
whatever might happen I would make no
mention either of the Senator's re-
nuest about allowing Rosenthal TO
open a gambling house or OF my having
met him at the Circle Theatre the eve
ming before the murder. I answered that "
these ,nformers. who all professed to lie
devoted followers OF sullivan, refraineu
from mentioning his name he could
count on my silence. That promise l
have kept until now. when in view OF
the charges agsins. him. that are I'M
founded, | am advised tAat to state the
whole truth about these transactions
is the most effective method of repeiling
darker i%nsinuations calculated 10 blacken
his memory
Mr.. A%pplebaum. ! think. VIII admit
that ne did visit the Tombs the Follow
ing day. though " was n sunday. ana
after informing Rose and the others
OF my assurance. secured similar prom
ises Of silence from all Of them. IL II
should be proved that these men re-
ceived a visit In the Tombs on a day
when visitors were prohibited. as Muir
ply says they did. II will confirm Muir
phys statement so forcibly that our
Excellency can hardly AFFORD to dlsre-
gard II.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21

Gus complaints I have to make against
the manner of my prosecution must be
addressed to a Governor who Is the very
person responsible for them az District
Attorney. and that this has resulted In
denying me equal protection Of the laws
with all other persons who have ever
been accused of murder In this State.
The detailed assignments of error ad-
dressed to the supreme Cour in my be-
half are annexed.
MIR. Justice Hughes denied my APP
plication for a writ Of error on the
ground that all these matters and pro-
ceedings OF which I complained were
within the Jurisdiction OF the State
courts. and therefore no Federal ques-
ton could be disclosed by the record
There remained "A possibility that a
writ OF habeas corpus might lie 10 bring
the whole proceedings before the Su-
preme Court Of the United States, in
Guiding the question whether your in
sistence on reviewing as Governor pro-
ceedings conducted against me by you
as District Attorney IL consistent with
that equal protection of the laws 20
which I am entitled under the Constitu-
ton.
l have asked my counsel to state
frankly whether In his judgment the
Supreme Court or the case we're to come
DeioIe " on naDeHS COrpusD WOulG be
likely TO reverse tce judgment agains.
me. He answered hat the only ground
on which the Supreme Court could be
asked to set aside my conviction is that
from the moment when at the opening
OF my second trial | offered proof tha
the District Attorney instead of pro-
tecting my constitutional rights az he
was sworn to do rad actually con-
spired TO invade them by circulating
false and scandalous statements to my
injury all the subsequent proceedings
as they are set out In the assignments
Of error were so utterly unfair that they
constituted not an impartial trial to de.
termine my guilt or innocence. but n
conspiracy to bring about my convic.
tion. And counsel advised me that he
did not believe the supreme Court would
ever render "A decision condemning 80
sweepingly and seriously the entire ju-
diclal processes OF a state.
As this question. however, In en-
tireiy new he thought u possible that
a writ might be Issued out OF the United
States District Court. and perhaps even
a stay of execution might be granted
pending decision by the Supreme Court.
But AZ the only effect Of this would he
to delay my death for a few months I
have instructed him not TO make the
application.
Does Not want Agony Prolonged.
II am to die 7 am as ready now
to meet my fate as l have any reason
to think that ! ever viii be. do MOI
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21
THE CHATTEL MORTGAGE
QUESTION EXPLAINED

.urprised 10 learn that he was infuriatei
aralns, me. Until the publication OF
the article charging that | was the real
OF the chattel mortgage on his
furniture never gave mis- threats tho
slightest attention. The publics ton I'm
the World I regarded as the culmina-
tion Of hls efforts. was satisfied that
no evidences could be found TO support
ths criminal charges aud Of Rosen.
thal's uncorroborated testimony I had
moi the slightest ~apprehension, Afr |
had obtained authority from the Police
commissioner to institute a suit for
libel against the World | was so little
concerned about the matter that I pro.
ceedcd with my wife TO spend the day
at brighton Beach.
M'""'@"' 'a" =" '"niere"'e'
NJ, my r.,urn obou, , o,o,ool IN Tho
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21

desire a delay that can merely serve
to prolong ar agony which Is already
almost uncomfortable. There Is but one
service counsel or ANYBODY else can
render me now and that In aid In Ind
ing evidence which will establish my
innocence. If any other legal proceed
ings should be undertaken in my behalf
In the courts they will have but that
one object In view.
Although II involves the unprece-
dented (perhaps some would say pre-
p%osterous) proceeding Of asking his Ex-
c~ellency Charles s.. whitman. Governor
OF the state. to review. reverse and In
some respects condemn the conduct OF
Hon. Charles &. whitman. District At
torney OF New York county. In prose-
cutting an indictment for murder
against me. nevertheless. that my con-
stitutional rights may be at least as
serted. I ask your Excellency most re-
specially on the record submitted to
Mr.. Justice Hughes to forbid execution
OF the capital sentence pronounced on
me.
ask your Excellency further In the
light Of certain facts now disclosed for
the first time to forbid my execution on
the ground that my guilt Of this MUIR
der Is not established 30 clearly as to
Justify the taking Of A human life by the
public executioner.
Here. sir. let me say that I do not
ask n Indulgence at your hands.
II I have actually committed the
crime of which I have been found
guilty no criminal ever went to execu-
ton who more thoroughly deserved the
penalty inflicted on him.
wouia Re Doubly Guilty.
was an officer OF the law. as
such I was equipped with e%xtraordi-
nary power. to be exercised frst and
above all for the safety OF life
md property. n I have really and
In fact abused these powers conferred
on me for the protection OF life
by perverting them to accomplish the
destruction OF life, then am I indeed
doubly guilty. To the heinous crime Of
numbering a fellow being I have added
a species OF treason against the COM
munity. To a criminal go depraved I
freely concede there could be neither
warrant nor justification for clemency.
Moreover. IL | were given the choice
between dying a felon's death In the
electric chai and living a felon's life
In a prison cell I should certainly not
be inclined to prefer the longer over
the shorter agony.
But I do revolt from heinz forced
to bear-liting or dead-the stigma Of
mWrder. ] do not deserve that infamy.
I am innocent rs you Of having muir.
dered Herman Rosenthal. or Of having
counselled. procured or abetted his muir.
der,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21
Relations With Jack Rose
as Told TO Coz. Whitman

from "A crowd Of gambling house IN.
ployees. Rose said they were d,uiGI..
from all parts Of the city ssh. Is e
told me, were there to see the maa
secured the evidence at lj5 =, us. ."..
nue. In order to prevent the siIe G..
from getting evidence IN TIE places.
where they worked. Rose introduced
himself. said his name was J.
that he II Sigmuud Resented s..f7
MS "Beausey" We're tn. oNu,f- so
place I had r1ided at $50 :" ."a
nue.. Rose at once asked Ur No. .Ht
two more warrants. cuusui'r. ''sl
presumption on his Fart and refused .
d'ny or affirm his. question
Rose then asked mo n knew lsI'
Funston In the detective bureau sud
| did. Rose then asked ~. if N..d
speak To- Funston over thu ;,''.....
he connected with him sad w.gI
We then went into drug s,,lt col" -
southeast corner of First >tr"r' Ual =
ond avenue, Rose got Flu~t " ur "a
wire i'm the detective bureau o. Or. Z
spoke to him and asked wha' l. Nt.'.I
Funston said Rose WAS "a fr...i
and asked me To do what .ul.i -
him. | told Funston : ,ou'i DOT. r-.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21

Conceive, sir, the degree TO viii III
under the empire OF this belief in ny
enilt YOU have been led TO pervert and
distort circumstances which should haze
tended to establish my innocence.
Nhen my counsel appeared before
YOU to ask that. in view of your part IN
my prosecution. the Executive action in
be taken on my conviction should he
referred to some distinguished citizen
for advice, YOU said 1t was my appear
ance at the police station shortly after
the murder that first led you to suspect
me OF completely In II and yet, sir. |
went there for precisely the same reasons
that led You 10 go there.
When ] learned from Hawlev of
Rosenthal's death, I said at once to ny
wife, as she can testify. i never now
can meet and disprove those charges
Rosenthal made against me, and while
they cannot he prosecuted they will Vet
hang like "A cloud over me in the de-
partment," There was but one way by
which II might he possible to Offset the
injury his death threatened to cause
me-, and that was by discovering some
clue to his murder which would greatly
enhance my reputation on the force. My
wife agreed. and for that reason adj
Nised me to comply with Hawlcy's re-
quest and 20 Immediately downtown.
When ! reached the station house |
DUN there was no opportunity hy
which l could contribute to discovery OF
the criminals, because the entire prob
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21

Becker you can say there Ia no preju-
dice whatever against him In this Office.
On the contrary. ! recognize that he has
been a singularly efficient officer. His raid
on the Lincoln Hotel was n splendid
piece OF police work and enabled this
office to gain considerable credit. While
| shall. of course. examine these charges
OF Rosenthai. unless they are cor
roborated. they would not OF themselves
he sufficient to Justify an Indictment.
and YOU ear tell Becker that this office
will do nothing unfair. but full justice to
him and everybody else"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21
THAT WOULD
ACCOUNT FOR MURDER

or course. II It could be shown that
Rose mad been entrusted with a sum Of
money whether $4,000 or $4,000 to be
given Rosenthal. ii would shed a food
Of light on the whole transaction. II
would explain the source of the $1,000.
which admittedly re paid 10 the gunner
for committing the murder. while the dis
appearance OF the balance. taken in con-
nection with his known hostility TO
Rosenthal and his fear of him. would
amply explain the assassination. OF this
my counsel has been diligently searchlns
PROOF. but your EScellcncy will readily
understand the difficulties they en-
counter.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21

Rowdyism was checked, and az the
work for which my squad was organ-
lied became less onerous Commissioner
Waldo began to assign me the duty Of
raidlhg different gambling houses. !
was never given general authority 10
deal with gambling ! had no power to
modest any establishment unless one
which the Comm ssioner himself
specially ordered me to raid. Never
theless. to he selected for such service
was a mark Of confidence which any
policeman would value very highly and
OF which ! certainly was exceedingly
proud. AS II was 10 my efficiency in
suppressing rowdy Ism alone that | At
tributed these other assignments, was
naturally anxious to show myself equally
ef1cient In this new field of duty.
suppression OF gambling is a very
different task from suppression OF row.
dyism and much more difficult. Dealing
with rowdies simply requires physical
courage. steady nerves and cool judy
ment. The rowdy knows no restraint
except fear-not of the law. but he
person charged with administering the
law. lie must he in fear Of the man
who wclrs the uniform. He cares moth
Ing for the authority which the uniform
typiies. The officer dealing with row.
dies frequently takes his life in mis-
hands, but he Is hardly ever exposed 70
corrupt influences, The utmost degree
OF discretion that he Is required to exer-
else usually Is to differentlate between
the dangerous %gangster who must be e.
pressed sternly by force and the citizen.
ordinarily well behaved. but found act
ing In a disorderly manner through oc-
casional Indulgence IN drink, who should
he treated with forbcarance and good
temper,
But the officer charged with suppress
sion OF gambling In beset on all sides
with difficulties TO be overcome, dangers
20 be avoided, temptations to be with
stood.
1t was while engaged In this branch
OF police work that met Rose for the
rrst time ! had Just raided "A gambling
house OF which nc was part owner. The
occasion ~ our meeting and the circum-
Stances under which he offered to become
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21

leave II must be because he had some
thing discreditable to reveal. Now every
thing he could say has already been said
and published. 1t is absolutely necessary
to my position In the department that
his statements be faced and d%ispioved."
This ] was prepared to do. His charge
that | was the owner OF the chattel mort
gage Rose stood ready to disprove, and
beyond that there was nothing really
worthy OF notice in his charges.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21

list Of elieibles for promotion. 1t was
made and II was successful. Rosen-
thai at once charged these officers with
having wantonly destroyed valuable
property belonging to him. A warrant
was actually Issued by 4 police Magis-
trate on his complaint, but though sew
eral examinations were held the pro-
ceedings never came to anything. These
officers are now high In the department
and deserve the promotion they have
obtained.
Tells Of Meeting sullivan.
with his knowledge 81 ROsenthai I
eould hardly have been eager to eulti.
tate his acquaintance. never spoke
to MIN after the meeting until the oc.
caslon when ] called 10 see Senator
sullivan ut his office In the STANLEY
buildine on the Invitation Of his half
brother. Lawrence Mulligan. rs described
IN the ncc0mpanyin afndavit.
That meeting was my first with the
man so widely known as Bic Tim. Your
Excellency may have some difficulty now
In realizing the value which | then
placed on this invitation to meet Mr..
sullivan, although your experience as
District Attorney must have made you
familiar with tGe extraordinary power
which he welded. His influence in the
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21

hV"Un
The Senator answered where a fre
OF this kin Ia started there Is no know
ing where 1t will reach. Roseuthal has
always been very close to me politically
and personally. and once inquiries start
they may reach into election matters.
And secret Investigations of elections by
Grand Juries have always been sources
Of great trouble"
] don't know whether the Senator ac-
tuslly mentioned the troubles that had
overwhelmed one of his predecessors
Patrick Diver. many years ago. or
whether II simply occurred to me. But
! do recall having said "As 10 the poli.i-
cal side OF II, senator. ! have no opinion
at all. But | am perfectly clear that so
Tar as 1 am concerned his disappearance
would be fatal II It could be suspected
that | had connlved at it,
The Senator answered "Well. perhaps
YOU are right, hut ! rave u favor to ask.
hatever happens in this row between
YOU two ] wan you TO promise me that
you viii never mention the fact that I
spoke to you about letting Rosenthal
open"
rms promise ! gave. and l have kept
u faithfully until now. when I am stat
ing the whole ruth in order to repel
imputations which are ~unfounded and
injurious to Sullivan's memory.
willing to give as ZOO.
He expressed very warm appreciation
OF my attitude, and coming downstairs,
Just as We emerged from the building he
said II would give 5000. yes. $4,000
10 nave prevented this thing or to stop
u now " ] could | did not pay much
attention TO the remark. but rejoined
Mr.. A%pplebaum and Rose In the other
auto and went home 10 bed.
On the way up | recall tina Rose said
= wonder II the big fellow really has
'nat much ready money at hand IL ne
needs to use IT," and I think Mr.. Apple
bauh said, ANY money that he needs he
can always fnd.'
Rose then said something TO the effect
mat he could easily raise any money
mat would be necessary to get Rosen-
ma away. whereupon ! said. Not on
your life. His disappearance now is
the one thing that woul make his ac-
cusations serious"
We parted. Nothing more was ever
sald about Tim sullivan putting up
money To- get Rosenthal away. The re-
mark have quoted about being willing
10 give a large sum | interpreted merely
as an expression of his anxiety to end
TINS trouble. which I ala not consider
serious. but which he seemed to think
might produce serious consequences, az
Indeed IL has.
Certainly nothing occurred the fol-
owing day TO increase my apprehen-
sions OF Rosenthal. on the contrary.
Deacon Terry, "A reporter then connected
with the American. whom I met at the
Madison Square fght late In the eve
nihg. informed me that the District At
torney had said TO him during the course
OF the day while discussing these
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-21

The Information could only come from
the gamblers who contributed the money.
Ainong these ! am entirely without
friends. Indeed, the policeman Is always
an object Of aversion to gamblers and all
violators Of the law whom he has been
compelled 10 pursue. No testimony that
can aid m" is likely to be volunteered
from such sources. In the underworld
Rose has acquired added distinction by
the skill with which he has succeeded in
removing the halter. which had been
fastened securely around his neck and
the necks OF his associates by indus
putable evidence. and fastening i around
the neck of n cop by perjury.
And now. sir. that I have disclosed All
the facts concerning this homicide within
my knowledge, let me ask your ,ttention
TO the manner in which some of them
nave been perverted and distorted TO nv
injury, concedc freely that no pub
lie officer has ever performed n ssrylc.
more va'uable to the community which
had honored him than you did In appear-
ing at the station house immediately
after the Rosenthal murder, and, by cor
fectlng the mistaken entry on the blot
ter concerning the number of tn. nur.
derers auto, made Inevitable the cap
ture frst Of the driver ard as A natural
consequence Of the assassins.
Nor a." ! think u unnatural that since
h"srnthal was under subpoena to testify
against me on the following day van
snonia nave hhstened 10 the conclusion
that ! had probably melted hi, mnrJ.r
to prevent his appearance before Tho
ornnd jury. In your position ana with
the same amount Of Information on the
suo!ect would very probably have
reached the same conclus sion.
Indeed. 1t was not until Roses per-
sonai reasons for desiring Rosenthal's
death were made clear on the trial Of
lhe gunner mat | myself could form
any reasonable theory OF the motive that
had caused the murder. Blu, I do com.
pain that his preconception OF my guilt
should have betrayed you into measures
winch | am certain must ultimately
bring dlseredit on the administration of
Justice and which ! nrmly believe will
cause you the deepest regret.