The Augusta herald. (Augusta, Ga.) 1914-current, April 12, 1914, Home Edition, Page TWO, Image 2

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TWO GUNMEN TO CHAIR; NEW TRIAL DENIED LAST HOPE GONE; DOOM SEALED IN HOLING OF COURT —* Four Gunmen Must Die in Sing Sing Electric Chair Monday Morning. Justice Goff Denies New Trial. Governor Not to Interfere Nsw York.— I Th# last h©p* of th* four gunman conflamviM *0 rttr Monday for thr imir4#r of Herman ftftgrvitfcftl. tha gambler ttefnUnvb was bl«»t«d tonight vhfti Huprfine JuiUc* John . Goff. «c wtmm « final appeal t**r a n*w trinl had b»»-n mad#, declined to rs-open their c«a© At a prolonged hearing Juatlca Goff, aho th«* presiding Judge at tha gunmens trial li at a Mid to the tettl mony of new wltnaaee* produced at tha Uki moment by count© I for the dixmiad men l-au In the afternoon, after ina tr.et Attorney Chark»a fct whitman had barn given h»a opportunity to offset tha newly effortd avtdagea with t ©alimony by wltnevava of hta own, Juatlca doff lottk the c.tee under advisement. nn nouneiriK that hm would render a decis ion tonight. At 10 P. M. For more }lian four hours the Juatlca tolled over the fecord of the day’s pro ceeding Then, shortly before 10 o'clock, lit appeared at the door of hla chambers and briefly announced to the waiting crowd of newspaper men that he had d*- nhd the application for a new Ulal la«ttt he gave out topic* %»f hie opin ion Justice Goff in hts opinion, cited 11,it I the ijplcithdn had been referred n» hin heiwuae the law requires that motion for a new triai he made before the Justice who presided atthetrlal.lle ci. • i.ired the law made It mandat Ary for him to heal* the application and that he w uld have avoided doing so had it been possible. * Nineteen Affidavits IVlnUi.g ou 1 hut i n behalf of no* d©- f'-rtiai ls ii lolfcin afttdavlia iiad heati |r« »« nttHl, (!»• cuuiA det lured tiuii fif teen hivuitl » ' disregarded, as consisting ■ in. in n of in. r»wi> . impressions and matters tltat are it relevant aud innna trrtu e)f the other four affidavits, mo»e of iMcsm*.*, Hut Well. Kalnidtlaoii and Rto the court said would not be considered .*• of any probative value whatever. Consideration of tlirse four affidavits must irtclpde their opal ex amination mul cross examiuat on had In open court Point of Importance, font inning the decision said: ••The piptu of iiuporiatice dwelt upon l>resnet was tti.it he »a« present on the thirteenth of July. 19U, outside the Garden restaurant, when he heard Hose say to Vailon and Uebbap, 148 Rosenthal emerged from the restaurant, 'there he cornea Oo and put It over hint.' That Irresnor understanding what thaj meant crossed the street to avjld danger and that Hose look him for a privets de tective. Hose did not no testify In the trial What Koa* testified to was: "It began to look too much like business, and I railed Ixrute aside, and 1 said, pointing to m man across the street; *th> you See that fellow over there?' He said, ’yea” a.»Jd: *1 am almost posi tive that is a private detective that IMstrlct Attorney Whitman has assign ed to watch Koeenthsd.6 They took the bint and daparted and went home." Unmistakable Stamp. •’This testimony of 1 Meaner bears the unmistakable stamp of being made to fit Rossi testimony. "While the testfmony of Hose at the trial 1 -i* nf at tl a Garden reatauruni Wga OOfttpstsat t*» show preparation and comhinatlon on the part us the main defendants for the comm salon of a crime. It was merely a. step In the progression of proof and a contradiction of that, even If true, would of Itself !w» wholly Insufficient to war rant the granting of a new trial Tin witness went t*» to narrate what he sa>s he observed on the morning of the sixteenth when Roaanthivl was killed. Its did not testify that he saw the killing or beard shots, notwtthstaruing he was In Forty-third street at the time of the killing and the passing of the automo bile. Standing On Corner, New York.—ln (lie hmrtni today be lore Justice Goff In the effort to se cure a new trinl for the convicted gunmen. «'arl Dresner, a bartender, was the first witness Dreaner said that on the morning of July I?. ISIS, he war standing on the corner of 60th etreet Hnd Seventh avenue, from 1 o'clock until ahortly before o't lock a. n Thla w«« jjyee da>n before the murder lie said he e*w Rime, Webber and Yallon In front of a case and heard Hone urge Webber end VaJlon to "put It over on" Koaen thal when the latter emerged from tho Idacc with hie wife Diagonally Across. Doming down to the time of the murder Premier swore that he wax standing on the steps of the Klka Club, which In diagonally acroaa the street from the Hotel Metro|*nlo. when he heard shots and then a gray car raced part him through Forty-third atreet. Sam Schnapps waa on the rupning board and In the chr ht> aaw "Hrldyle" Webber, Harry Yallon and Shapiro. Two other men were In' the ear. aald the wltneaa. but they were not any of th< |tunm.*n now ln-Htti« Ping. He aald lie Pdd Policeman James Kelly what he Knew during the week Hecker was convicted. Dresden him sled that he bad kept still about the matter because he had fear of hie life He had loat that fear now. tic added, "Plenty of People." Diatrict Attorney Whitman tried to get the wltneae to tell Just who he was afraid would kill blip. Dreaner (Continued on Next Page.) Four Young Gangsters who Are to Die Tomorrow For Murder of Gambler Rosenthal * «f ' iJ I f.ei if/* a/gfiYrrrft. fe'.c*' a M ' A w ■.*’ /.valrT * - } \ X LEFT TO RIGHT- “LEFTY” LOUIE” ROSENBERG, "GYP THE BLOOD" AoROWITZ, “WHITEY JACK" LEWIS, AND "DAGO FRANK” CIROFICI. •riii-ii* four \4hiw Kan Bldegangster. will be el>-, ironitrrl shortly aft.T (Uwri on Monday morning. In exp ate tha murder nf Oamhlar Ilermin Rosenthal Rosenthal was stmt to death at about 2 o’. Ini k In tha mornlgn Inly Kith ini’! n f. » hour* I,.fore hr waa so have k.-pl an appointment with District Attorney Whitman to divulge the identity of the man In the pollen graft fight who extortPil nionev IVom gambling hmiae-k.-.p.-m fur prole, tlon. I.ieiitenunt t'h.ri. e Heoker of the pollee, who was convicted of having ordered Rosenthal s murder on the allegation that he was one of those who the (ambler had Intended to expose, has hern granted a new trial. The young "ganfatera" who wire convicted aa "bred nsaaaaln" of someone who wished to have Rosen thal removed were reftiHo.l a new trial l.y the court of appeals tJovernor O ynn has refused to reprieve them until after second trial of Recker. Supreme Court Justice Goff Saturday night de nied their application for another trial on llie ground of newly discovered evidence. HEAVY ARTILLERY REPEAL OPPONENTS Every Possible Argument to Bel Brouqht Against Adminis tration's Policy For Canal | Tolls Before Senate Commit-! tee This Week. Eminent List of Speakers to Be Heard Washington. O. C.—The heaviest ar tillery opponents of repeal of Panama toll exemption for American ships can brio* to liesr wIU be trained against the administration’s flat repeal policy before the senate committee on inier ooeunlo canals next week. Kvery pos sible arkument that can be raised Is to be broughl forward, In the hope of pre vailing on the committee to make an adverse report on the bill as It passed ihe house, and fulling In that, to lay a foundation for continuing the flghl In the senate Itself. Ueneral Opposition. In addition to the general opposition to absolute repead, there will he argu ments by Democratic senators who agree that exemption for American ships Is In violation of the llay-l'wunoefota treaty snd that the government should reverse Its policy, but hope the means of bring ing this result ebout can bo tempered with an amendment reasserting the sovereignty of Ihe United htites over the Panama (’anal Effort to Amend. Whatever may be the report of the iv«- itals committee and there le a possl htltty Wist several proposed measures may be reported without recommenda tion administration and opposition lead ers conceded that Ihe first f ghl will be ,er an effort te amend the 81ms bill which passed the house. Champions of tha President's position Insist that thcie ! Will be no compromise They adhere |to their confident predictions that toll exemption for American coastwise ships | will be repealed. Anti Administration. Senates' O'Uormsn. chairman of the Inter-oceanic canal’s committee. and leader of l<emoeratlc opposition to the ■rr|'«»l, plans to make a forceful argu io.nl before Ihe committee next week Hgalnst the admin stratum's position, on grounds that this government now Is negotiating In Us proposed treaty with Colombia a clause wherein Colombia's vessels of year may have access to tha canal free of tolls. Inconsistent. The clause is blciillo.il with one In a previously negotiated, tut never en forced treaty with Colombia which Great Hrltaln approved. The argument will lie made that If Ureal Itilluln conceded the r glit of the United Statea to ex empt Colombian war vessel#. It IS In consistent for Ureal Itrltiilii to maintain now that the United Stiles may not ex empt American coastw shipping Eminent Men. Among man summoned before the ca nal's committee next Week to discuss tbs tolls controversy are Joseph 11. Phoate, former amhaasad.a- to ..real HrlVitn. Henry White former charge of I the Am. rUwn embassy In l.ondon, and later ambassador to Fiance, Dr. Ben iamin Ids Wheeler, president of the i’nveratty of California: Fred.a-. k w , la-hautn. of St I anils, former aoUclior : general of the Putted Slates: linear S I Straus, once ambassador to Turkey and 1 former secretary of commerce and 1 1. 1 -' r. I George I Keeord. of New Jersey, who I was a member of the platform commit - I tee of the Frogresstve party at the Chicago convention in 19*5 and many others on the list to he heart!, besides several senators, and representative# of 1 the Pacific coast. New- Orleans and In- I lend commercial organisations. PROMPTLY accepted. Jacksonville. Fla.—-The local camp I Grand Army of the Republic today ask led permission of tho Pn ted Confederate | Veterans to make s substantial cash do- I nation to the reunion fund. T ho otter was promptly accepted. NEWS DECEIVED IN DEATH HOUSE Absolute Silence Follows Re ceipt of Information That New Trial is Denied Gunmen. Osaining, N. Y.—A quarter of an hour before the news of Justice Goff's adverse decision was flushed to tlie prison, the gunmen wore laughing and chatting freely with Rabbi Mayer Kof stetn. With the rabbi seated at a small table near the cells, the Pass over Feast hud Just been celebrated, the rabbi explaining the lessons taugllt •by the feast. Warden Clancy entered the death, house shortly nfter 10 o'clock with press dispatches announcing Justice Goffs decision adverse to the gun men. ”1 am sorry, boys,” he said. “Again I am the bad news." Absolute silence followed. "Go Ahead.” "Well, go ahead; we can stand It.” said one of the condemned men after a pause. The men asked the warden tor the grounds on which Justice Goff had based his refusal, hut were told they would have to wait until morn ing. After a twenty-minute visit with the | gunmen, the warden came out with a statement from "Hefty Dottle." "We again ask Governor Glynn. In all fairness," It read, “to grant us a reprieve pending the trial of I.lenten ant Hecker. when the truth will be known." Except "Dago Frank.” This was signed by ull except "Dago Frank." who had no statement to make While the futile efforts were being made In New York city Saturday to save tile four gunmen, Klectrldan Pa ly la, who directs the mechanical phase of electrocutions, arrived at Sing Sing I prison to engage tn the preliminaries lof the task set before him. A dramatic occurrence marked his ■arrival. Just as Jacob Rosenberg, fa ther of "Hefty l.oitls" Hoscnhcrg. one I of the quartet condemned, approached the prison, clutching a petition from Hahlil Goldstein asking for the post ponement of the execution until next j Thursday, he met Mr Davts. When i told who the man was the gunmans | tattler muttered something tinder his j breath, turned his face and rushed I into the prison, where he saw his son I for a few moments. "Lefty Louis's" Letter. The following letter from "la>fty j l.ouls" to the press was given out by Warden Plancy: "Gentlemen of the Press "The editorial In today’s paper i speaks of swaggering desire for a j game end': it also speaks of sudden plot.' and 'old bravado.' As our keep ers may prove, there Is no talk of i game end’; there Is no 'old bravado' here. "There I* piety, sudden, as . our edl i torlul says, hut It is here, thank God and our spiritual adviser. Gentlemen of the Press' ■"Thou shall not bear false witness.' "Respectfully, (Signed ! "Louis Rosenborg." Prevent* Grip Curet Grip. 1 .AX AT! YK 11ROMO QI’ININE re moves the cause There Is only one ."PROMO QI’INI NIC." look lor sig i nature of E. \V Grove. 26c. fHE AUGUSTA HERALD. AUGUSTA, GA. Heavy Snowstorm in the Texas Panhandle Dallas, Texas. —A heavy snowstorm began today In Ihe Texas panhandle, the second within the week Reports from West Texas Indieated that a cold wave of considerable intensity was sweeping eastward over the south west. American Exhibitors at French Fine Arts Salon Paris.—Extreme schools of painting are little in evidence in the National Salon oT Fine Art*, which opens here tomorrow. The principal attraction is the representative collection of the work of the lute Gaston Le Touche, which Includes many of his finest paintings. Among the American exhibitors are Anne (ioldttiwsite, of Alabama; Ed ward Grenet, of San Antonio, and Frederick Weber, of Columbia, S. C. Planning- For Visit of Queen Eleanora to U. S. New York. —Plans for the announc ed visit of Queen Klanora of Bulgaria, to the United States will be laid be fore the state department in Wash ington Tuesday by William Casper, representative of the queen, who ar rived here Thursday. Arrangements fop the queen’s journey to the cities now included in the itinerary are be ing made rapidly. » m I I- Lit Match For Cigarette; Will Die From Explosion Shreveport, L*. —After making pre parations to commit suicide by lock ing himself in a room, stopping up all crevices and turning on gas jets, Vliurles Hills succumbed to a desire for a Tinal cigarette When he struck a mulch to light the cigarette an ex plosion followed. Bills went flying i through a window and the house was partially wrecl ed. Bills is expected 1 to die. To Get Back Six Horses Stolen From Vergara Eagle Pass. Texas. —Captain Sand ers. of the Texas Rangefs. announced Saturday that he expects to receive here Saturday night six more horses stolen from Clemente Vergara, who was killed recently near Nuevo lairedo, Mexico. The horses, Sanders said, were be ing returned to Texas on orders of the acting governor of the state of Coahutlg. Settlement Is Effected With 2,000 Telegraphers Washington, D C.—Through the office * of the federal board of media tion and conciliation, a settlement was effect* tl t*<dvt\ of different** s betwt on the Baltimore And Ohio railro.nl and about 2.t>00 of iti telegraph* re and *ele phone operator* At one time a etrike w.u* threatened. The i»-t!lement pr<*v e« for a direct of alwut s7.V** 0 a year or tn approximate llicnuae of ainwit t. p*r cent. CARRANZA IS OFF TO MEET VILLA 110 RESPITE BY 00USLYI1 N. Y. Executive Believes Gun men’s Case Should Rest En tirely With Court. Declines Comment. Albany, N. Y.— Governor Glynn de clined to make any statement con cerning his future course in the gun men’s case or to comment in any way upon Justice Goffs decision. Earlier In the day the governor had forecasted his attitude by saying he believed the case should rest entirely in the hands of the court. The governor displayed the keenest interest in the hearing today. He kept in touch with the different steps through local and New York sources, digesting eagerly every new phase qf [tlie testimony as it was presented. Asked If he would have anything to say about the decision when the full text was received, the governor said he probably would not. This was taken to indicate that the last hope for the gfimnen had passed and they must die Monday. Went to Sing Sing. Albany, N. Y —Superintendent Ri ley, of the state prison department, said that, in his opinion, the governor would not grunt a respite. This decla ration followed a long conference be tween the governor and Mr. Riley after Mr. Riley had returned .from Sing Sing prison. Although neither the governor nor Mr Riley would ad mit It, the general Impression pre vailed around the capltol that Mr. Ri ley had been detailed by the governor to talk to "Dago Frank” Ciroflct, who lias maintained he has an alibi. Only a Reiteration. Mr. Riley brought with him a state ment from "Dago Frank” and placed it in the hands of the governor. As soon as this became known there were repeated rumors that one of the gun men hud confessed. These Mr. Riley* set at rest by asserting that the state ment whs only a reiteration of t’iro ftci's allegations concerning hi* where about* on the night of the shooting The governor declined to make pub lic the contents of the statement, de claring that it was "not worth any thing.” In order to be prepared for the at testing of a reprieve in the event of the governor’s dechttn gto grant one at any hour, the office of the secre tary of state, which usually closes at noon on Saturdays, was kept open this afternoon and tonight. The gov i rn. r’s signature to a reprieve mul“* he attested by a representative of the secretary of state’s office and sealed with the great seal of the state width is kept by the secretary. Kansas Takes All Liquor Shipped Into The State Topeka, K»s. —Tl Webb-Konyon law which gives the states control over 11- ’ 1 nor shipments. was upheld by the j Kansas supreme court today. As a re ! sul! of the dec'slon, Kansas wII tike j charge of all liquor shipped into the 1 suta. Have Not Been Together Since Madero Revolution. Strong Pressure Has Been Pouring in on Constitutionalist Chief From Washington El Paso, Tex. —Much improvement in the foreign relations of the Con stitutionalist provision government of northern Mexico, it is predicted, will result from the meeting promised at Chihuahua next wqek between Gen Venustlano Carranza and Gen. Fran cisco Villa. Representations of the most vigor ous nature have been pouring in on General Carranza from Washington since the expulsion of the Spaniards from Torreon. Carranza, it is said, has made no direct replies to several of these representations and today It was said that the state department in sisted that definite written replies be returned. The question involved deals with the expulsion of Spaniards, the eonfiseation of property and the right of |he United States to deal directly with Carranza in behalf of other na tions. Greatly Handicapped. Carranza has been handicapped re cently in dealing with both foreign and domestic affairs by the disorder'd condition at Torreon as the natural result of two weeks of severe fight ing. and the fact that his knowledge of affairs in the south must cotne by telegraph. A heart-to-heart talk between him self and Villa, therefore, It is said. Is looked on with high hope by other leaders. The two have not met since the Madero revolution, and since that time Villa has risen from the crude leader of a small band to the com mand of an army, and all accounts from the front agree that he has broadened and grown under increased responsibilities. Satisfactory Assurances. After the interview' it is predicted that Carranza will be able to render to Washington assurances satisfactory to both sides. General Carranza, his staff and the personnel of the executive offices left Juarez today for Chlhuahuu. Next Monday George C. Carothers, special agent of the state department, will follow him. Internt’l Congress For Welfare of the Child Washington.—Full discussion of the responsibility of parents to see thqt their children arc trained in good citi zenship has been provided for In the , program of the third international j eongress on the welfare of the child, which will open here April 22. An nouncement was made of this nortlon icf the program Saturday and Judge Hen It. l.lndsey, of Denver, r leader 1 in Juvenile ixiurt work, will he one of I the principal speakers. The general | subject to he presented is: Parents | responsibility In training children sot I self-support, home-making and good citizenship. SALOONLESS MUNCIE Muncie. Ind.—Munele will be with out a saloon after June 9th. according to the county commissioners, who'late I Saturday decided a contest, filed by wets" by confirming the certified vote of the recent Ideal option election when the city voted "dry" by a ma jority of 462 votes. Tho “wets" announced they would 1 appeal to the circuit court. ouNDAY. APRIL 12. TENSENESS RELIEVED BV PROMPT ACTION OE HUERTA Necessary Redress For Affront in Arrest of American Marines at Tampico Afforded. Proper Punishment For Guilty Parties Waahington, D. C.— The tense situa tion created here by the arrest of /fin er! can marines by Mexican authorities at Tampulco was greatly rel eved today with the receipt of General Huerta’s prompt repudiation and apology for til© action, forwarded from the Cty of Mex ico by Charge O’Shaughnessy. While no definite statement wa« obtainable n official circles, it was Intimated that the necessary redress for the affront had been afforded. Reportng developments to the navy department, Rear-Admiral Mayo in com mand of the American naval force at Tampico, cabled that he had demanded that the Mexican commander salute tlie American flag in expiation of the af front In his message he had given the Melxcan oficer twenty-four hours from 6 o’clock Friday evening to coinpiy. No further message had come from Ad miral Mayo when the department closed tonight. Admiral Mayo's report was forwarded to President Wilson at White Sulphur Springs, W. Va. Full and Frank. Officials at the siate and navy de partments considered iluerui s state ment full and frank. It promised un (mediate investigation of Colonel Hino josa’s action In arrest,ng the marines and parading them publicly througn the streets ami that pvoper punishment would be Inflicted upon the responsible official. Gneral Huerta's good faith was ac cepted, apparently Without reservation, and it was punted out that it was but lair to await the result of the promised investigation. The navy department, it whs said, has Issued no instruct ons to Roar-Admiral Mayo directing either the withdrawal V.’ enforcement of his demand for a salute. Officials here are disposed to rely oil that officer's d.Bcretlon and are certain he has been informed of the unqualified terms of General Huerta’s explanation. Doubt Expressed. Some doubt was expressed as to whether the salute could be demanded for what was termed an "irrensponsl* ble act” by a subordinate officer, es pecially 111 view 01 the i rompt apology from Huerta. One official, an author ity on naval precedents, said lie knew of no instance In wh.ch a salute had been given the American colors In like circumstances. This officer, delving into archives for a precedent, found nothing more c.osely resembling the Tampico case Ilian a civil war Incident in which a British man-of-war enforced a salute from a Confederate shore battery and then declined to return the courtesy for fear such action would be construed as recognition of the Confederacy. Nothing Definite. Other Mexican reports wt*e merger. There was nothing definite concerning the Torreon situation. Secretary Bry an said he felt the outlook for the safety of foreign 0.l properdes at Tam pico was improved in consequence of thrice repeated demands to contestants there. He said no foreign governments had made representations In behalf of the interests of their nationals at Tam pico. New representations from the Spanish foreign office through Ambassador Wil lard at Madrid, asking assistance for exiled Spaniards at El Paso, brought forth the comment that everything pos sblle is being done. Press Spaniards' Claims. Secretary' Brytgh indicated that he would continue to press the claims of the Spaniards without abatement. A belated report to the navy depart ment from Rear-Admiral Howard at Acapulco, sent Thursday night, said all was quiet at that port, towards whicn tlie Zapatistas are moving. Constitutionalist headquarters here in a statement tonight defended tlie expul sion of certain Spanish residents of Mexico as an act in accordance with the Mexican constitution and supported by international law. The deportations were ordered, the statement says, to "prevent them from the people who might, under present peculiar conditions, commit acts of violence against them.” Leaned Towards Huerta. The statement insists, however, that not all Spanish residents of the district Involved were expelled, the order apply ing only to those who constitutional ists authorities had reason to believe were In league with the Federals. Since Spain had full knowledge of the terms of the Mexican constitution in this regard, the statement argues, when her c tlzens settled In Mexico," "th:* government cannot now set up the plea that they have been dealt with in an un lawful manner." The statement repudiated reports from Mexican Federal sources that Vila and h‘s men are bottled up In Torreon. It declares that 1.3h0 Federal soldiers descried to the Constitutionalist nrmv in the Son Pedro battle which ended Thursday, "with a complete victory for Villa’s troops." Nothing Heard From the Yacht With Lind Aboard Washington.—The presidential yacht Mavflower. bearing John Lind to Washington from Vera Cruz, has not reported to the navy department since clearing the Mexican port Monday or Tuesday. Secretary Bryan, who plans to leave Tuesdav night for Florida, said he ex pected to confer with Mr. Lind before starting south.