New-York tribune., 1912-02-20
BANK CAB DRIVER FREED
Montani. Who Was in $4,000
HoId-Up. Is Discharged.
REBUKE FOR THE POLICE
Magistrate Herbert Says No
Evidence Has Been Produced
Connecting Him with Theft.

Despite the predictions Of the police to the
contrary. Gino MontanI. the chauffeur Of
| the taxicab I'm which the two East River
National Bank messengers were held up
and robbed Of $4,000 last Thursday was
discharged by Magistrate Herbert In the
Tombs Court last night.
| The police bad boasted that II Montani
was discharged they had evidence on which
TO rearrest him Immediately. But they did
not rearrest him. and Montani went home
with his wife. who had been In court during
! the proceedings.
| In discharging Montanl. Magistrate Her
| bert said the police had not produced the
slightest shred OF evidence connecting him
! win the robbery and several times during
| the proceedings he Indicated his displeas-
! ure with the way the police had handled
! the case.
| The police, through Assistant Distric;
| Attorney Nolan. tried TO have the hearing
! postponed, but the court refused
You have had this man in custody prac-
| tically since THURSDAY" said Magistrate
, Herbert and It was not undl this noon
/ that you applied for subpnngs for wit
nesses"
/ The complaint was signed by George F.
/ Hoyer, cashier Of the bank. who stated
| that he believed Montani was acting In
/ concert with others in the hold-up ana
robbery OF the taMcab.
| Lieutenant Reilly was the FIRST witness
called His testimony consisted almost en-
tirely OF what Montani had told him.
Where did the holdIup occur asked
Kinnie Mcdonald counsel for MontanL
! I'm front of No % Trinity place, Just
| north of Rector street"
Are you sure II is northg'
Sure"
The Magistrate looked surprised, tor No.
q Trinity Place 4 block and half away
! from Rector street
l. John Huber, bookkeeper at No. IL
7 Trinity Place. who saw the hold-up, said
| he did not go TO the assistance OF Aontani
because he thought II was all part OF a
| joke.
Otto ID. Parker. a lawyer, OF Queens
| County, said he saw Montani going west
OH Park Place Immediately after the rob
| hers had Jumped out OF the cab. Montani
shouted 10 him to get cop, " and after
| looking in the taxicab and seeing the two
injured men he told the driver he would
find policeman at West Broadway.
| A witness of whom the police expected
great things was next put on the stand.
| He was Antonio Muccia, bootblack, who
| keeps a stand at Park Place and Church
street. When asked II he saw the black
automobile IN which the robbers escaped
he said he didn't see anything"
A little humor was injected into the
proceedings when Otto Iumph, who said
he lived in the Bowery, was called. Mon
| TAM had picked him out Of crowd in the
Bowery on Saturday night as the old man
! who had run in front of his taIlcab when
causing him TO slow down the machine.
But Montani was unable TO recognize him
on the stand.
| "Oh. the police have barber shave OF
my whiskers since" explained Zumph.
But Zumph declared he was in the
| Bowery when the hold-up occurred.
Montani took the stand and repeated the
! same story he told the police immedia tely
after the robbery.
| Commissioner Waldo refused Yesterday
10 talk about the rumor that he was about
to resign.
But the rumor was persistent at Police
Headquarters that q big shake-up would
! occur on the return OF Mayor Gaynor from
Atlantic City.
Deputy Police Commissioner Dougherty.
! who has been in charge Of the taxicab
case, eluded those who sought 10 interview
| him last night. Some of the detectives
working OH the case said Dougherty had
Indignation which mlgnt lead to an arrest
| in the case