"STORY OF ROSENTHAL'S DEATH AND TRIAL OF CHAS. GIBSON," Toronto Star. October 4, 1913. Page 4. ---- How Accused Explained Human Blood Found on His Trousers. --- BROTHER'S BLOOD, GIBSON DECLARED --- Murder Was Particularly Brutal One at the Dead of Night. ---- ELI DUNKELMAN'S STORY ---- It Was Upon His Evidence That the Young Man Was Convicted. --- The story which involves the present plight of Charles Gibeon commenced with the finding of the battered body of Joseph Rosenthal at the foot of Strachan avenue on April 4, and will end, according to the decision announced, with Charles Gibson forfeiting his own life on October 8, one year and six months after the crime. The mills have ground slowly, but exceeding small. The body of Joseph Rosenthal was found early on the morning of April 6, 1912. He had been brutally slain some time Good Friday night. His skull had been crushed in by a block of cement weighing 14 pounds, which still against his head. His ribs had been crushed in by repeated blows from a hammer, and a rope was so tightly tied around his neck that the flesh almost hid it.
Dunkelman Discovered. The same morning Eli Dunkelman, after lying nearly all night unconscious, was taken to a hospital and hovered between life and death. In the meantime, Detective Cronin , following up another case, found Gibson hiding in a transformer electric station and took him in charge. For five days the whole detective department been occupied in the search for the mysterious "Smith" who had been known to have made an appointment to meet Rosenthal and Dunkelman at the Strachan avenue bridge on Good Friday night, for the purpose of transacting a deal in junk.
Suspicion had been thrown Gibson's way and the murder charge was Iaid. It was alleged that he admitted meeting the two dealers, and explained this by saying that the day before he had met two men in the Hydro-Electric yards and they had asked him if he would dispose of scrap metal for them. Gibson stated that he was merely a go-between for the two parties.
Dunkelman's Story. When Dunkelman had sufficiently recovered he testified at the inquest. He told of going to the Hydro-Electric with Rosenthal and meeting Gibson, declaring that no one else that no one else was present. He waited on the bridge, he said, while Gibson and Rosenthal, at Gibson's request, "went into the yards to make a deal." Half an hour later Gibson came back and he and Dunkelman went into the yards. According to Dunkelman, Gibson called his attention to the lightning, and as he looked up, he was struck on the head, regaining consciousness only the next morning. He identified Gibson at the inquest on May 8, at which the jury returned a declaring the "evidence pointed to Gibson as the perpetrator of the crime."
Jury Out Two Hours. Then came the actual trial in November, lasting two and one-half days, the jury reaching a verdict after a deliberation of two hours to the minute. Eighty-two witnesses were subpoenaed and 16 testified, the actual hearing of evidence tasting thirty-five hours and addresses of counsel and the summing up of Chief Justice Mulock occupying the remainder of the time.
The trial was dramatic. Aubey Bond, appearing for Gibson, made a desperate attempt to exclude the evidence. One of his arguments being that until one crime is proved against a prisoner evidence of a similar alIeged offence could not be put in. Crown Prosecutor Edmund Meredith declared that the killing of Rosenthal and the assault on Dunkelman were all part of the same transaction. Chief Justice Mulock admitted the evidence, granting a stated case on this point.
Charles Gibson finally took the stand and attempted to explain away the net work of circumstantial evidence the Crown had drawn around him, maintained that a man named Alec and another named Wilson were implicated in the affair. These were the two men he had introduced to Dunkelman and Rosenthal. With them he declared he waited on the bridge until the two junk dealers arrived, shortly afterwards leaving the four together and and going home himself. In contradiction of this Dunkelman declared there were only three men there that night - Rosenthal, Gibson, and himself.
Soldiers Backed Him Up. In this assertion Gibson was backed up by three soldiers of the Stanley Barracks. Two of them remembered seeing men on the bridge as they passed by. One of them agreed with Gibson that were more men than Rosenthal, Dunkelman, and Gibson in the party. "I saw four men standing at the bridge and there was another man going towards the city was the significant statement of another the officers. Yet Alec and Wilson were never located although he claimed to have made every search for them.
Other links in the chain of circumstances were given in explanation by the defence. For instance, the Crown proved that there was human blood on Gibson's trousers. The boy said this had fallen from a wound in the head of his small brother which he had bathed when the child ran in from the street where he had been struck down by a bicycle. Other like explanations were given.
All through the trial Gibson maintained the utmost commposure. Never a sign of emotion crossed his face. For hours he sat motionless in one corner of the prisoners box, with his head resting on his left arm, supported by the railing. He maintained this position when the verdict was announced. But in his cell he broke down, but soon recovered himself.
The Scene Shifted. Chief Justice Mulock allowed the case to go to a higher court to decide if he was right in admitting the evidence of Dunkelman, and the scene shifted to Osgoode Hall. Argument was heard in 1913, and decision was finally rendered in April, sustaining the trial judge and throwing out the appeal. Sir William Mulock then passed the death sentence in the May Assizes. No hope for commutation was held out.
Many became interested in the case of the twenty-car-old boy, convicted of murder, and the powers at Ottawa were appealed to in July shortly before the date set by the trial Judge for execution, a reprieve was granted till October 9. The hopes in the breast of the convicted slayer of Rosenthal were crushed this week by the announcement from the the capital that the law as pronounced by Chief Justice Mulock would be allowed to take its course. There are matter rests to-day.
"ROSENTHAL'S SON ASKS MERCY FOR CHAS. GIBSON," Toronto Star. October 4, 1913. Page 5. ---- Writes Letter This Afternoon "In Accordance With Teachings of Hebrew Religion," Though He Believes Gibson Guilty. ----
Toronto, October 3, 1913. ---- Honorable W. T. White. Acting Minister of Justice, Ottawa, Ontario. Dear Sir:- As the son of the late Joseph Rosenthal, who was murdered by Charles Gibson in April, 1912, in this city, I request that you show, in your capacity as Minister of Justice, clemency to Charles Gibson, the convicted slayer of my father. Firmly as I am convinced that he is guilty, I, in accordance with and following the teachings of the Hebrew religion to show mercy to others, sincerely request that you use your power as Minister of the Department of Justice to commute his sentence to that of life imprisonment. I consider that thereby the ends of justice would be well served. Yours respectfully, HARRY ROSENTHAL.
The above letter was mailed this afternoon to the Minister of Justice by Harry Rosenthal, in an effort to have the convicted slayer of his father escape death on the gallows.
"My father is dead," said Mr. Rosenthal, "and while I am firmly convinced that Gibson was my father's murderer, I feel that his crime will be expiated if he spends the rest of his life in prison. It is an awful thing for a man to have to realize that he will never be free again; that he is to be penned up behind stone walls and iron bars for the rest of his life.
"Gibson is only a young man, and I believe that in asking that his sentence be commuted I am doing only what is human."
"GIBSON PETITION IN MANY CHURCHES ON THE SABBATH," Toronto Star. October 4, 1913. Page 1. ---- Seven Hundred of Them are Now Out, and Many are Signing. ---- ARCHBISHOP SIGNS PLEA FOR GIBSON ---- Solicitor Herb. Lennox and Rev. John McNeill are Going to Ottawa ---- TO MAKE A LAST EFFORT ---- Probably 15,000 People Have Already Signed Their Names to the Petitions. ----
"We, the undersigned citizens of the Province of Ontario, having learned that the Minister of Justice has declined to grant a new trial in the case of the King against one, Charles Gibson, who has been sentenced to be hanged on the 9th of October, 1913, for the murder of one, Rosenthal hereby most humbly request that the sentence of hanging be commuted to imprisonment for life. We believe, taking everything into consideration, that a commutation of sentence would be heralded with approval by the great mass of people of the Province, and would furthermore meet the ends of justice in a much more satisfactory manner than hanging young Gibson."
There are 700 of the above petition now in circulation, including some earlier ones, which contained, as well, an appeal for money. The number of signatures is not known, but there are hundreds on many. It is estimated that at least 15,000 names are secured already.
Believes Gibson Guiltless. Mr. C. F. Storey, of 122 Oak street, wants the petition returned no Iater by Monday. He has charge of them, and it is necessary that they be collected in a hurry.
"With Canon Greene, I hold an Anglican service every second Sunday In the prisons," said Mr. Storey The Star, "and in that way I became interested in the Gibson case.
"Do I think Gibson guilty?" "Personally, I do not. Anyway, he is onlya boy. He may know something, but I do not believe he killed the man.
"We are making arrangements," he added, "to have petitions in many churches to-morrow."
Going to Ottawa. "Among other prominent names on the petition to be presented to the Minister of Justice asking that Gibson's sentence be commuted," said Herbert Lennox, K.C., "is that of Arch-bishop McNeil, the Catholic Arch-bishop of Toronto.
"Rev. John McNeill and one of the Jewish Rabbis, probably Rabbi Jacobs, and myself are leaving for Ottawa tomorrow night to present the petition to the Department of Justice."
The letter published exclusively in The Star yesterday from Harry Rosenthal, the son of the murdered man, has had considerable effect. Many people to whom the petition had been presented and who refused to sign it signified their intention of singing to-day. The statement appears to be that if Rosenthal is asking clemency for the man whom he firmly believes murdered his father, then others not so interested should exhibit the same spirit of forgiveness.
Gibson himself has not yet recovered from the shock he received when told that a new trial had been refused him. He is still in a condition bordering on nervous collapse, and has had little to eat and scarcely any sleep since the news was broken to him by his spiritual adviser, the Rev. John McNeill. He believes, however, that his letter of yesterday and the number of petitions which are circulating will have some effect.
One at Osgoode Hall. Even at Osgoode Hall, the home of the courts, a petition is circulating, asking for a commutation of the sentence. Several of the officials have signed, but the barristers show no great eagerness to affix their signaturés.
Other places where petitions are being signed are: Fairweathers, Limited, Yonge street: Upper Canada Tract Society, Confederation Life Bidg.. Child's Restaurant, 158 Yonge: Spencer's drug store, King and Spadina: Owl drug store, Bloor and Spadina: Owl drug store. 2342 Queen east: McCainsh's book store, & College street; College cafe. Yonge and Cariton: Cafeterias, Yonge street.
Suggests Use In Churches People interested in the Gibson case, who wished to sign a petition for commuting his sentence to life imprisonment, failed to find these at some of the points advertised.
Said Mr. Ewart Farquhar to The Star to-day:
"Petitions are announced in morning papers as being found as the Upper Canada Bible rooms. Confederation Life Building, and at Childs Restaurant for signature. I called at the Bible rooms and did not find any petition. At Childs one was dug up on my enquiring for it. I would suggest that the petitions be placed in the city churches tomorrow, with a prominent card calling attention to same. We would welcome one at Bond Street Congregational"