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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, April 11, 1914, Image 1

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To-d*y, cloudy *aA
Hl?b. St i l/ow. 81.
Full report I'**? If.
Vol. LXXIV....N0. 24,618.
[Copyright, IBM,
By Tho Tribun? Abortar?an.!
* *
rwk, Jfftj City ?nd Hobokea.
In City of New York, Now*
numn two cent?.
Dolphin's Men Quickly Set
Free at Tampico on
Mayo's Demand.
American Commander In?
sists on Reparation
Within 24 Hours.
Promises Investigation and Ade?
quate Punishment of the
Officer at Fault.
?aco City, April 10.? A launch from j
ihs T.'nlted States gunboat Dolphin.
tr,?r the paymaster and a small de- .
DMUt of marines, put In yesterday
at Iturt?de Bridge, at Tampico. The
Americans wer?, after a supply of gas?
olene. They were In uniform, but un?
armed. The launch flew the American
("lonel Hlnojosa, commanding a de- ',
tacl.ment of Mexican Federals, placed
the paymaster and his men under ar- !
root They were paraded through the
?treets and hell for a time under de?
Rear Admiral Mayo made rigorous
representations to the authorities, and
the men were released.
General Ignacio Zaragoza expressed
to Rear Admiral Mayo his regret.
Huerta Apologizes.
Although President Huerta In ?n offi
olal statement to Nelson O'Shaugh
netay, the American Charg? d'Affaires,
has apologized for the unusual zealous
nest of the Mexican officer at Tampico,
there is to-night great uneasiness here,
because Rear Admiral Mayo is re?
ported to have given the government
?Uthorittes St Tampioo until 6 o'clock |
this evening to salute the American
President Hr.erta's statement was not
i?;re)ved by Mr. O'Shaughnessy until
after 6 o'clock, and It was considerably
? DOUBTS communication with Oen- '
eral Zaragoza was possible. The state?
ment was as follows:
"In view of the fact that the charge
d'affaires of the United Ftates hears
that the whalebont ranrylng the Amer?
ican sailors was flying the flag of his
try, an huostlgsthm will be mad?
itatdMl the responsibility of Cofo
"In accord with th?> line of conduct
v r ? "ovornment of Mexico al
has followed 1n fulfilment of its
Itttles of nn infernatlonnl eharacf-r
? si] nations. It dej.lores what
? red.
00 his grown out of nothing
? than a mistake of subordinate of?
ficials, since the superior In rank of
this pamo ofVlal, that is. Oeneral Za
raf oza. at ? DOS proceeded to point out ,
that what h id happened wm uninten?
tional, and Imposed upon Colonel Hlno- ?
Josa d'sclpllnary punishment within ,
the ffteuttjT Of the said General Zara- ?
"H the investigation which 1? to be j
In should dOYOlOp greater rcspon
U '? T'Hrt of Colonel Hlnojosal
Bg penalty will be lm
I i:pon him by the authorities
? nt in the case."
Salute to Flag Demanded.
: Admiral Frank F. Fletcher, who
is at Voro <"mz, has forwarded to
'"harR?- (yShaugllllooijr R*ar Admiral
MayoV report to Mm, in which the lut
>r sgjnj the ?lOjmsjOlOl and marines
*?re nosraho?! through the streets two!
1 onf'nuM on third pac*, fifth column.
This Morning's News.
" ? ?. - <~,nmen's T^ast Flea. ... 1
I Alltgoo s-.Ti'.'lle. 1
** ?ttn ilsr Chlldroa. i
lOSJU Ramapo. 3
i n Attack. ?
'-art Heat. ?
i avortai1 . i
? I U:.r<\ i lit. 8
h I W. W. To-day-10
.A .?'.)? H Award.16
? 1 in ' ontempt.l? (
'??ifre taas BslortVSM Defended.... 1
- lOSBS SsfSe U H Offloers. 1
'"'?hele (-, . . ,vdro. 3
arysa A*i-:t. i oionbts Ooaasaatoa ?. 4
I <:* OSO) ?., , .. f. r < BtOBsbtB. 4
'?i*?r?: v | v? yAr,v Kxtravngan OS ?
>* Hulphur ?pringo.... f
: ipjlrjr.?
:^"'is ??ttmgK? riopkloa drawing... 5,
?il . . ... 0
., 1#i. 7
Isty ......" .7
''Mt.i?ry .'.. 7
? ?'?'.''*.".'.'.'.'.'.'.'.*.'." 8 and' 9
io sal 11
rs, Polks, rir? Dspl . il
'" ' - 11
M BW 13
Mtrksti ...14
. ?
- * .?" -;;J;|
Bluecoat Impersonator Du;
Headquarters Men.
A man who signed hlmFelf as Por
man James Kan??, of tho Kaat Bist
station, no successfully lmpersona
a policeman lust night that he '
reste*!" three men aH suspected pi
pockety took them to Headrjuarl
and to .VlKht Court, and not until
disappeared was suspicion aroused.
Then It was found there ts no Jai
Kane In that precinct and that
badge he had wan fais?. It Is
llevod he Is an ex-pollceman, from
familiarity with police routine, for
one suspected he was shamming.
lie niaile the "arrests" at 28th
and Third ave,, and called two ot
officers to help htm. The "prlsone
wore finally discharged by Maglstr
Campbell when the "officer" fulled
appear against them.
Wife of ex-President Com
Out Against Woman Suffrag
[By Telegraph to Tho Trltiuno. 1
New Haven, April 10.?Mrs. Willi
Howard Taft, wife of the ex-Preside
has become affiliated with the N
Haven branch of the Connecticut J
soclatlon Opposed to Woman Huffrf
and Is expected to take a promln?
part In a campaign under way to ra
the membership to 20,000 In this ati
before 1915. There are 10,000 enrol
now, with 700 members here.
Mrs. Taft did not take sides wh
In public life, and this led many si
fragettes to claim her as a sympathlz
Chances of Failure 100 to
?Knife Alone Effective,
Say Experts.
All hop? of curing cancer by radiu
has been abandoned by some of t
foremost surareons and research wor
ers of tho country, who declared la
nipht that the failures of radium ou
number the cures 100 to 1.
That nothing Is of avail aealrtat tl
most dreaded disea.se hut the- specr;
use of the knife was the opinion B'
vanced by T)r. William H. Mayo, I
Rochester, Minn.; Dr. Francis C Woo
?end of the cancer research lalnrator
In Columbia, and Dr. J. Collins Warre:
chairman of the cancer commission <
Harvard University, who spoke lai
night at th? New York Academy <
Medicine under the auspices of tl?
American Society fur the Control <
It was expected that these eminei
men would have something hopeful I
report of their investigations. Instea?
they admitted no progress and held ot
little hope. They united in saying the
had discovered neither the cause nc
th? nature of cancer.
Then, to add t., the gloom, the
proved by statistics that cancer is o
tho increase. One ray of hope alon
wai held out by Dr. Mayo, who sal
any catrer call be cured If operated o
In the early stages.
"Radium Is not a cure for cancer,
said Dr. Wood, summing up his Inves
tlgatlons at Columbia "There Is n
cure for cancer except to cut It out
"Popular belief in radium la based 01
the fact that only the occasional re
ported cures are heard from?never th
failures. I can assure you the fatlun-:
Of radium outnumber the cures 100 to 1
"The proper prophylaxis," said Dr
Mayo, "is to chango those habits whlcl
we know Introduce things that may do
Volop cancer. If patients consult theli
doctors early they can be cured. Can
cer 1b local, and during the early stag?
Is curable."
Illinois Towns Voted "Dry"
Feel Loss of Chief Revenue.
Chicago, April 10. -Home effects ol
voting out HalooiiH In many Illinois
towns on Tuesday became apparent to?
day in the discharge of the pollco ?OTOI
at Loekport and Minooka. Roth (?MM
found themselves without money aft?r
the income from saloon licenses ceased.
At Minooka street lights were also shut
off, and It was decided that the City
Attorney and the Treasurer would have
to nerve without pay.
Pittsburgh Official Sure She
Died in That City.
? ?.- Tr|-rrnp>, to Tho Tribune. 1
Rlttatwirgh. April IO. -District Attorney
Jackeea nn\<\ te dey thai evMenoo had
beea funUehes' to hha which compelled
tho conclusion on his part that Dorothy
Arnold died In tbt "Rouse of Mystery"
In Belli tea. ?hOttl* after her dlsappear
nji'o from New York.
'There may he developments to dla
?rovs thli theory." he added? "hut at
pn ?rit tin? orl?*MO! In my poeseaalon In?
di >at*S that Ml? Arnold nrrnt her fHte
'Jli<- OVMOBOB wr"? Slven to the District
attorney to oar h> ? prominent physi?
cian Of thhl city TIM Information wan
Kleanrd from a wOOse*. who was In UM
Bellevua House at the snme time aa Dor- j
1.1 , Arnold.
The HO?4 Ol "1* ph>alelan who divulgar!
ihn infonnattea te D?etrlcl Attorney
laohBM may hi mid? public to-morrow. I
Storms in Two Places Threaten
Rain in Eastern States.
Washington. April 10.?Two storms,
one over Lake Superior, threatening
snow, and the other in Weatern Texas,
with ram, unexpectedly appeared to?
night and threw new complications In
the way of the weather forecasters, who
struggled against heavy odds to pre?
dict the fortunes of the Easter prom?
The Weather Bureau experts an?
nounced that they could not predict
with any degree of certainty Just what
the weather would be in the East
They aild, however, there were Indi?
cations that In the Southeast Htates
and west of the Missouri it would be
fair and warm, while it might rain
Sunday and Monday throughout the
central and northern atates east of the
Will Board Yacht at Alexandria
and Sail for the Riviera.
f'airo, April 10.?James Gordon Ren
nett, proprietor of "The New York
Herald," is steadily recovering from
his recent attack of bronchitis, and ex?
pects to leave Cairo on Tuesday next
for Alexandria
At that port he will board his yacht,
the Dyslstrata. and sail for the Riviera.
Prompt Action Saves Boy
of Six, Found with Nose
to Door Crack.
In a fit of despondency Mrs. Bessie
Diamond took her three children to a
room yesterday In her home. 1824 WKh
st.. Borough Park, and turned on the
gas. When the door was burst open,
! several hours later, Morris, nine years
| old; Dorothy, four, and Mrs. Diamond
were dead. Flx-year-old Rubin, the
, only child alive, was on the floor, his
: nose close to a crack to get air.
Herbert Henry, a volunteer llfesaver,
who went to the house with Tatrolman
?mythe, of the ParkvftJo station, kept
the boy alive until Dr. Garben arrived
from the Norwegian Hospital, where It
: was said last night he had a chance to
! live.
A newspaper which lay on the floor
beside the bed showed Mrs. Diamond
had read to the children while the room
' war? being filled wlf> gar. She had
locked the door and hidden the key lest
her children escape. The police were
not able to find the key.
Mrs. Diamond had been despondent
for two months and Dr. James Bern?
stein, of 4000 Thirt-enth ave., had rec?
ommended that she go to a sanatorium,
Mrs. Diamond wan to have started to?
day. Her husband, Abraham Judah, a
manufacturer, at 4."9 Broadway, Man?
hattan, wished to postpone her depart?
ure until after the Passover, but hesi?
tated to leave her alone. He did not
start for Manhattan until after noon
yesterday, and then telephoned to her
brother. George Rothstein, of ()W
Dnlon ave., The Rronx, to watch her
the rest of the day.
Rothsteln reached the house at 4
o'clock and it seemed deserted. On be
third floor be imelled gas, so tj** tele?
phoned for the police.
Getting no anewer to repeated tele?
phone calls to his house, Mr. Diamond
, left his factory and started homo,
? When he sa% the ambulance he fainted
1 and for a time a physician feared for
his reason.
Angry Man Refuses To Be Put
on List.
Whether merchants can publish a
book In which are contained the names
of their debtors and circulate It among
themselves la to be determined by a
Jury In the Queens County Supreme
; Court.
George Kennlngton, of Flushing, has
brought suit against the Hushing
Business Men's Association for ?25,000
damages because, it Is alleged, his
name was Included in a list of this
Former Ambassador To Be Ex?
amined In Supplementary
John G. A. I-eishman. formerly
American Ambav idor to Germanv,
may have to submit to an examination
In supplementary pioceedinga on a
Judgment f"r |75,1M which the broker?
age firm of Raymond, Pjnchon <fc Co.
obtained against him. Justice Weeki
appointed Martin <'. Ansorge yesterday
receiver for Mr. Irishman.
Mr. I.eishman. who Is said to be in
Europe, did nm defend th? suit, whl.-h
was for money claimed to h? due on
stock transactions.
Mr. Irishman's troubles began wh?n be
gave up the DrOBldenay of the Carnegie
Steel company to become Minister to
Switzerland, in UN Three yarn later
ho wan tranaftrred to Ooaatantlaeple; in
','J09 to Rome, and In 1911 to Benin, where
he remained until last year. In FWlIn he
worn th* brilliant court dren? \vl;l<h his
predecessors rSfWSd to w.iir Ills elder
daughter was In 1?4 married to i'ount
Contaut-Htnui, of Paris, and last year
she was married to Jemal Ila/.en Hyde.
Ill? pOUnlOf daujiht'T lust ><ur married
the Duke of CrO) The match wan up
peaed hf 'he Oefmoa Km"?'? ' and Mr.
Lelahman left Berth*
Wife Seeks Property, In?
cluding Her Marriage
Woman Named In Divorce to Ask
$100.000 Damage?Siegel
Family Row Bared.
Charging that she Is the victim of a
conspiracy to deprive her of her dower
rights and personal property, including,
among othor things, her marriage cer?
tificate, letters from a former husband,
a bed once occupied by royalty and a
vacuum cleaner, Mrs. Marie Vaughan
Hiegel yesterday tiled actions in the
Tnited Stntes District Court and the
.Supreme Court of New York County
asking that the separation agreement
ehe signed four years ago and deeds
made at about the same time be de?
clared null and void. She also asks
that personal property now held by
Henry Siegel and others be returned to
her. /
In her moving papera Mrs. Siegel,
who had been living at the 8t. Regis
and Is now resident at the Laurel in
the Pines, at I^akewood, describes her?
self as entirely destitute and without
means, and seeks to have Henry' Siegel
compelled to support her.
Nurse to Sue Mrs. Siegel.
Miss May Smith, of Toronto. Canada,
whom Mrs. Siegel named as a core?
spondent In the divorce suit, took ac?
tion yesterday. Through her counsel,
Mortimer Royle, she guv? notice of her
Intentions of filing suit against Mrs.
Siegel for S 100,000 for wrongful use of
her name in the action, which, she as?
serts, has damaged her professionally
and made It difficult for her to secure
places as a nurse.
She insists that her relations with
Siegel were entirely of a professional
nature. Denial Is made that she re?
ceived any sums other than the usual
compensation for nursing.
Mrs. Siegel'? action in the United
States court was In the form of a re?
quest to be allowed to name William A.
Marble and John S. Sheppard. Jr., re
reivers for bar husband, parties to suits
to recover her dower rights in Slegel's
property and to set aside the separa?
tion agreement nnd to recover certain
personal goods.
Judge Hough granted this permis?
In her complaint In one suit Mrs.
Siegel names as defendant? her hus?
band, 'he Henry Siegel Realty Com?
pany, the 106 Seventh Avenue Com?
pany, the 2R East Eighty-second Street
Company, Messrs. Marble and Shep?
pard, Leo Trice, now the owner of the
Henry Siegel Realty Company; Adolph
Mayer, who holds BtOgoTl Madison
ave. home, and Nathan Straus, Jr.. the
buyer of Driftwood. Slegel's Mamar
oneck property, as defendants.
Wife SeeUs Full Righto.
"Briefly stated." she says In describ?
ing the action to Judge Hough, "the
object of this action is to have set
aside and florlOTOfl void a certain Agree?
ment and certain deeds signed by me
as a cloud npOfl my right of dower In
the real property of my husband. The
receiver? have not attempted to take
possession of the real estate
"The prosecution of the suit will not
in any way interfere with the receiver?
ship, and a Judgment In my favoi
would not only establish my claim, but
would also bring Into the receivership
additional property."
The complaint attached then recites
that in the summer of 1010 her rela
ContlnnM m ninth pace, tn-rmO rolmna.
"Claims Were Many," Says
Committee, "and Some?
body Had to Judge."
[FlOIII The Tribune Hureau. ]
Washington, April 10.?The nation?
wide criticism of the Federal Reserve
: Bank organization CommlttOO*B de?
marcation of rese?e districts and
choice of reserve cities was answered
by the committee to-night in a state?
ment which charges misunderstanding
of the committee's work.
"Critics of the decision of the com?
mittee," says the statement, "either do
: not know or appear not to know that
the Kederal Reserve banks are bankers'
! banks end not ordinary commercial
! banks; that they aro to hold the re
s-TV's and clear the checks of member
Tanks, make rediscounts for them and
engage in certain open market opera?
tions. An a matter of fact, the ordi?
nary, every-day banking relations of
tho community, of business men and of
banks will not be greatly modified or
"Every city can continue to do busi?
ness with Individuals, firms or corpora?
tions within Its own limits, or In its
own region, or in any other part of the
: Colon or ?!>?i world In which It has
i heretofore done business.
, "Reserves are to DO held in a new
way and in new places, so far as this
. act controls them, but hanking and
business generally will no more be con
ilned within districts than heretofore,
and it is simply misleading for any city
or individual to represent that the fut?
ure of a city will be injuriously af?
fected by reason of Its failure to secure
a Federal Reserve bank. Every city
which has the foundations for pros
? perity and progress will continue to
grow and expand, whether it boo such
n res^r-''' k^nk or not, and well ln
? formad I snk< n especially are aware jf
i this."
The answer is the first to be made by
the committee, and it Is made not only
to the criticismo voiced In Congress, but
n!so to the cities which sought reserve
banks but failed to get them, as well
ns to the cities that would have pre?
ferred to be in other reserve districts
than those 1n which they were placed.
Particular attention Is given to the
committee's reasons for choosing At?
lanta and Dallaa, Tex., in preferenoo
to New Orleans; for selecting Rich?
mond. Vn., Instead of Baltimore, and
for naming Kansas City Instead of
Denver, Omaha or Lincoln, Neb. The
committee calls attention to the fact
Continued im ninth psr?, third rolaran.
Germany and Triple Entente
May Form Alliance and
Limit Armaments.
I By Oshle to The Tribune. 1
London. April 11.?"The Dally Citi?
zen" publishes to-day from a well In?
formed diplomatic correspondent tho
' outline of a ?cheme which, if it has any
foundation at all, Is of momentous 1m
1 portanee. It la stated that on the In?
itiative of Great Britain negotiations
are now afoot for converting the Triple
Kntente between this country. France
at:d Rus?ia Into a triple alliance.
This step has two objects. The first
le that It may 1<vitl to & quadruple alli?
ance whl^h will Include Germany, and
the second Is that such a quadruple al?
liance may lead to an agreement for
the limitation of armanienta.
It Is evident that If the scheme
should lead to these results It will have
farreachlng effects In the direction of
insuring European peace. Clearly, If
Qreat r.rltaln. Krame. Rursla and Ger?
many eati come to an agreement con?
cerning their aim" In foreign polb-y and
form an alliance on this b.uls, the enor?
mous and ruinous armaments now kept
up will cease to be excusable.
Paris Models
From the Best Dren
makers Drasvn bv
Bessie A s cough
See Page Five
Policeman Took No Chances
When He Saw Reflection of
Armed Man in Front.
The comrades of Patrolman Dlnegan
at the Fast 51st et station had better
not say "Mirrors?" to him to-day.
Maybe Dlnegan won't stop to reflect
When Dlnepan was on post at Park
ave, lost night an SXCttod man rushed
up to him, gasping: "Come quick; I'm
Ct> nrR-e Held, caretaker at the home of
Mrs. William Orr Rarclay. at 45 East
list st., and there's burglars in the
DC use."
With Held Tvn?i a irlrl who wi?j* tr?m
bHng v.lfh fright. She said she waa
cne of the maids and had heard the
burglars on the third floor. Dlnegan
rapped for help and, with Patrolman
Bttjoa, led the way to the house at a
?'.uitlnusly the two policemen crept
up t? the third floor. Suddenly all
came to a halt A bath room door ahead
had slammed to.
"Who slammed that floor?" demand?
ed Dlnegan. No answer came. Dlnegan
."-[ring forward. Grasping his revolver,
DO ^ung the bath room door open.
As he did so he saw the furm of s
man faring him. v.lth a gun In hand.
DtaagBfl to"k no rtlBncoa He fired at
on?.-. Han?-! Bang! There was a
terrific f?ll of glaoa
At the MUM Instant the electric light
was turned on, and then It was seen
thnt Dtnogan bad I'.iited -his raflaotloa
In ;t hi* mirror. And It waa bud for'
Hit minor.
Prisoners Break Down and
Weep in Death House
at the News.
"Lefty Louie" Writes His
Last Appeal to Gov. Glynn
Before Word Comes.
i Mother and Sister Again Visit
His Cell?Phonograph Con?
soles Doomed Men.
When the news that Justice Qoft had
signed an order to Bhow cause why a
new trial should not bo granted was
; taken to the four gunmen in their cells
; In the death house at 10 o'clock last
| night by Warden Clancy, It found
| them In a state of deeper hopelessness
than at any timo since a now trial was
' denied by the Court of Appeals.
Despair had even taken possession of
! "Dago Frank" and his family, as was
, shown when his sister and mother
i emerged from the prison In the aiter
I noon and the sister was In tears, in
contrast to her attitude the day before,
when ehe came out smiling hopefully.
At first the four seemed stunned and
Incredulous. "Dago Frank" even asked
that he be allowed to ?leap undls
I turbed.
Impressed as they had been with the
finality of their doom, they grasped but
! slowly details that the warden gave
When they understood that the order
might mean a reprieve three of the
men wept.
Before the four gunmen received.
< word of the delay granted by Justice
Goff, "Lefty Lo?le" Rosenberg wrote
a last appeal to Governor Glynn, which
was mailed to Albany at midnight. In
It he reiterated the declarations of his
own and his comrades' Innocence, and
declared that at the new trial of Becker
It would be proved that Harry Vallon
i and "Brldgle" Webber really tired the
' shots that, killed Ronenthal.
Warden ?Tancy at midnight remained
? closeted with Superintendent Rlley and
three men who have visited the prison
twice to-day In an automobile from
: Now York City. The Identity of these
| men could not be learned.
The prisoners passed the day much
1 as they did the day before The Rev.
; Dr. Lee, the Episcopal chaplain, left
? the phonograph which he brought to
the death bOttOO the day before at their
; request, and they had the same muslo
' played over for them.
"Dago Frank," who asserted his In?
tention the day before of returning to
the Catholic faith, received communion
from Father Cashln. the Catholic chap?
lain. This would mean that If he had
ony confession to make he told Father
Cashln all ho had to say, but, of course,
no Intimation came from the priest as
to what was said.
When his mother and his sister Mary
left the prison the sister was asked 1f
her attitude did not Indicate that she
had lost hope, btrt she straightened up
', bravely and said:
"No, we still hope something will
1 happen, even If not nntll the last min?
ute. Mother came to-day principally
to show Frank that she had not broken
down. All of his worries are for her
new. We will keep up the fight until
the last minute."
The only other visitors to the prison
1 era were Morris, Joseph and Louis
; Hledenshner. brothers of "Whltey
Lewis." Joseph said he believed there
; was still a chance, but the two others
1 said that they and 'Whltey*' had given
up hope.
Governor Changes Mind as to a
Date in June.
[By Vstecreoa Is Th? Tribuna. 1
Albany, April 10.?Governor Glynn <
' changed his mind to-night as to a date
In June for the special session of the
Legislature, and decided on Monday,
May 4. Instead.
If. was expected he would issue the
? call to-night, but he has not been able
? to decide yet whether other mhjecte
j than the tangled financial situation
1 should be considered or nor. Support
? ?re of the Governor are said to be ?
I divided on the question of his submlt
I ting other measurea to the legislators.
: Prince of Saxony Preaches Elo
quently Before Fashionable
Parla, April 10.?His Royal Highness,
' the Rev. Prince Maximilian <>f Saxony,
I brother of King Frederick August of?
: Saxonv and cousin of the German Fm
i peror. preached this evening In the
? chun h of Saint Julien le Pauvre, the'
i smallest and most ancient church In ?
The fact that the prince was to de?
liver ? discourse drew a large congre?
gation of fashionable p?nale in addition
tu tiio iirtie (Jreek ooagreaaUon, 1
Condemned Men's Trial
Judge to Determine Value
of "New Evidence."
Action Does Not Serve as
Respite Unless He Fixes
New Trial.
Swears Slayer was Not One of
the Four?Description Said
to Fit Vallon.
Counsel for the four gunmen await?
ing execution on Monday In Sing Wng
for the murder of Herman Itooonthal
obtained an order from Justice ?ioff
last night granting a hearing to-day on
a motion for a new trial. Justice GolT
granted the order at his homo, ut 819
West 104th st. after Charles 0, W.
W?hle, counwel for the gunmen, had
presented for his consideration newly
discovered evidence, Including the affi?
davits of two new witnesses. The mo?
tion will be argued before Just!00 ?ioff
In hi"? chamber? In the Supreme Court
at BOOH to-day.
IfOanwhllo the status of the gunmen's
case remains the same, and they will
be executed on Monday unless Justice
Goff see? tit to grant a now trial, afti r
he has heard the testimony of the BOW
witnesses. An effort was mud'
night by Mr. W?hle to obtain Ward
Clanosy*! consent to a postponement of
the execution until Thursday, to pi<
vide against the contingency of ha
to continue the argument on the H
tlon beyond to-morrow.
The warden informed Mr. W si
however, that ho would not Chang?
, plans nnlaoj the Governor blia
1 granted a stay. In cane the heuru...
not completed to-day. the gunti
counsel will apply directly to Go\. ,
Glynn again for a ?fay of < M I lll ?
until the BsOtton can be flOtOlU?ntd
Mr. W?hle obtained the Bffldavlj
. upon which he hawed hie appllcatlo i i
an order to show causo whv a notlop
.'or ? now trial showld not !? grant* I
only yesterday. One was made Of W.
?:. Hutu ell, of Wat. i inili , I ontl.. B
jx)ol and bllllnrd expert, who sweat ?<
that bo saw the man who shot Roaos?
thai and he was not one of the gunmen.
Ills description of the man tallies
closely with that of Harry VuIIon, 0*0
of the four Informers who turned state
S'ttnOBB. He said he could pick tic
man out If he saw him anywhere.
The other affidavit was made'by Karl
Dresner, of 147 Kast BBth st , a bar?
tender, who swore he had previous;?
known ".Tack" Rose. "Brtdgto" WObboTi
Harry Vallon, "Ham" BenOBpfl and Her?
man Rooonthalt and that on the nigh'
of the shooting he saw \'nllon and
Webber In the "gray cur" as It wn ?
leaving the scene of the murder and
BchOPfM Standing on the running board.
Two Men Make Affidavits.
He also swears that he saw Rose.
Webber and Vallon outside the Garden
Restaurant on July 13, three days prior
to the murder, and h*ard Rose tell Val?
lon to "put It over" Rosenthsl that
night as the latter came out of the
restaurant with his wife.
Theee witnesses were examined 1n
Judge W-ihle's ofhVe. ye??erday prior to
making the affidavits, and Mr. Wahb
said they bad convinced him they were
telling a truthful story. They were not
found by counsel for the condemned
men, but came voluntarily at the elev?
enth hour, with a twinge of conscience,
as they said, when they realised that
all hope of a reprieve for the gunmen
had vanished.
A dispatch from Wsterhury last night
described Burwell as having a police
record. The police there said that BO
had teen arrested ten times, at least,
for minor crimes. Including theft, shop?
lifting, assault, breach of the peace and
non-support. He sj>ent a term in Jatl
for the hist named offen?'? In F'ebruar>.
1912? ?cr-ordlng to the Waterbury po?
lice and has been arrested in New Ha?
ven, Hartdail. Bridgeport snd Ansonla,
as well as In Waterbury.
Mr. W?hle t!r<u made application yes?
terday afternoon for the order to ?how
causo to Justice Weeks in his cham?
bers. Later Justice Weeks referred the
whole matter to Justice (JorT, who was
the judRe at the g-unmen's trial.
Besides the new affidavit-. bU '
affidavits and data which had already
been presented to Governor Otyan in
seeking a reprieve were Includod ll
papara, Justice Ooff informed Mr.
W?hle and the 1 ?istrlct Attorns
flee that ht! would consider the sppll
cation, sittlr.i; in cx-parte proceed ;-.,
? t Ms home at S o'clock last Bight
Because of Jnatleo ?loffs bototo ou
po lt'.'ti to a reprieve, \\hl<h BO bsOOff?
poratafl In a letter to the Governor
When the gunmen's counsel were seek?
ing Um reprieve, bia action last night
In giving tnem "another day in OOVri
catne an a surprise to many familiar
with the case. He had intended to jjo
out of town to-day, he said, hut decide?!
to remain and hear the orguflsenl ou
UM motion.
Mr. W?hle appeared i?t Justice i ?off'j
house promptly Bl the tune .m.m. Colo?
lid Robert C Taylor, thk t of Ike ap
puil bureau lu l?u DMftCt Atttuuci'?

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