New-York tribune., 1918-12-12
Court Releases
Two Slayers
In Baff Case
''Joe" Arichiello and Moses
Rosenstein Are Freed
by Justice Tompkins
To Be Called to Testify
Cunmen Notified They Must
Help State to Convict the
brains of the Crime

After spending eighteen months in
the death house at Sing Sing charged
with the murder of Barnet Baff. little
Joe" Archiello, the left-handed gun
man who confessed twice that he did
the shooting, and acted out his part in
the crime in the presence of the police
and District Attorney Swami in Febru-
ary 1916, walked out of the Criminal
Courts Building at dusk yesterday, a
free man. Supreme Court Justi,e
Tompkins, who ordered new trial for
the swarthy little defendant year
ago last September, accepted his plea
of guilty to charge of attempted
murder and then suspended sentence.
Archiello's conviction was affirmed
without opinion by the Court of Ap-
peals in 1916, and he owes his mirac-
ulous escape from the electric chair
TO the fact that Antonio Cardinale, the
"procurer" of the gunmen who fed
10 Italy and was loaned by that coun-
try as a witness against Joseph Cohen,
testified at Cohen's trial in July, 1917,
that Arichiello was not present when
Baff was shot Cardinale refused to
tell who did fire the shot
New Evidence introduced
Justice Tompkins based his order for
a new trial on the testimony of Cardi-
male and on new evidence obtained by
Walter R. Deuel., counsel for Cardinale
and Arichiello. That evidence, in the
form of affidavits from new witnesses,
was turned over to Deputy Attorney
General Alfred L. Becker after Gov
ernor Whitman had taken all the Baff
cases out of the hands of District At
torney Swami in May, 1917. 1t tended
to disprove the material testimony of
Carmine Di Paolo, an accomplice and
The chief witness against Arichiello.
Inasmuch as the new evidence was
laid before him by the prosecution,
Justice Tompkins held that the con-
demned man could not again be tried
clio was taken from the death house
and lodged in the Tombs. Yesterday,
through Mr.. Deuel., he withdrew his
plea of not guilty to charge of at
tempted murder in the first degree and
substituted for it plea of guilty.
Mr.. Deuel., in pleading for leniency,
said his client was only nineteen years
old when ne became mixed up in the
Baff murder plot, and had been brought
up by Ipolto Greco, keeper OF the
murder stable" in East 10th Street
who furnished gunmen for the Baff
Job. Besides having been in the
shadow of the electric chair for year
and half, Mr.. Deuel. said, Arichiello
had spent nearly two years in cell
and he had learned the error of his
ways.
The important thing in this case
Of course" said Justice Tompkins, "is
to convict the men who were the brains
Of the crime and who not only insti
gated it, but contributed to the muir
der fund With the understanding that
YOU will hold yourself in readiness at
all times tc be summoned as witness
N the cases which will subsequently
be investigated by the people l will
suspend sentence in your case" saiC
Justice Tompkins.
Arichiellc, who appeared rather at a
loss as to whether he was going to be
sent back to the Tombs or not, finally
sensed the situation and solemnly
promised that he would appear as a
witness whenever he was wanted Dur
ing his stay in the death house he made
lengthy statement to Deputy Attor-
ney General Becker.
Justice Tompkns also suspended
sentence on Moses ("Chicken Moe")
Rosenstein, one of the "lookouts" when
Batf was shot. Rosenstein was indicted
for murder in the first degree in Jan
uary. 1917. The following June he
pleaded guilty to charge of man
Manley, asked for leniency on the
ground that Rosenstein's 'only con-
nectlon with the crime was that he
raised his hat as a signal to the gun
men when Baf emerged from his mar
ket' and that he had given valuable
testimony, tending TO convict Joe Cohen
of murder in the first degree"
Rosenstein To Be Witness
The court reminded Rosenstein that
he must hold himself in readiness at
all times to be called as a witness for
the people.
Norman L. Fisher, brother-in-law
of Joe Cohen, now in the death house,
was arraigned yesterday before Justice
Tompklns charged with conspiracy and
bribery. 1t is alleged that Fisher con-
splied to offer bribe OF $4,000 to GER
tain witnesses to change their test-
mony IN such a manner as to give
Cohen new trial Fishers trial was
set for January 13, 1919
Court then announced recess with
out setting date for the reconvening
of the extraordinary grand jury which
IS to investigate the confession of
William Simon, the alleged "collector"
OF the Daf murder fund. Special
Deputy Attorney General James O'Mal-
ley. who appeared for Mr. Becker, said
he could not definitely fix the date for
the taking of Simon's testimony against
the influential West Washington mar
ketmen who are named by him as the
real instigatcrs and financiers of the
plot to kill Baf.