New-York tribune., 1912-03-17
MONTANA CONVICTED
Of TAX|CAB ROBBERY
l,ry Recommends Mercy for
Chauffeur, Whom Others Ac-
cused of Plotting Crime.
STICKS TO FIRST STORY
Virtually His Only Witness, Pris'
oner Sees Report of Talk in
Prison Used with
Telling Effect.

I6lllHR bue
csro Montani, the taxicab driver who
r.s accused by Jess Albrozzo Of detail
Ing him to recruit A gang of game
s,,vs" IN rob the two bank messengers
nontani carried in his taxicab. was con-
,icted yesterday Of robbery in the first
aseree The banE messengers were
Ass,en and robbed Of $4,000 on Febru-
o,v -. For three days Montani has
,Dsen on trial before Justice Seabury in
the Criminal Branch of the Supreme
Court. The jury deliberated for an hour
and forty minutes before bringing in a
verdict of guilty, with recommendation
n the mercy of the court. 1t was said
that ten jurors were for conviction from
the first ballot, and that the recon-
nendation Of mercy was a concession TO
the other two.
Montani was virtually the only witness
called by George F. Roesch. counsel for
the defence. He spoke quietly and with
IN lldlldl Nv lSl W ii'S "pi VS. III StibS
OF the stories told on the stand by his
three accompices, Jess Albrozzo. Ed
ward Kinsman and "Scotty" Lamb,
Montani stuck to the account he first
gave of the affair. He said Albrozzo
was the only one of the crowd he had
ever met before. and that he had never
said anything TO him about the robbery.
He explained that on February 10 he
had driven Wilbur F. Smith and Frank
Wardell, the two messengers of the East
River National Bank, to the Produce
Exchange -,ank. as was his semi-week-
~ custom. He was as much surprised
as any one, he said, when a man with "A
revolver jumped up on the box beside
him and ordered full speed.
Montani said that just as the man
jumped aboard he had to slow down for
an old man who was crossing the street.
When the bandit ordered him to stop,
ne said, the robbers climbed out and
made off in a black touring car. When
Montani got through he had told an en-
tirely different story from that told by
tNe OlNeT men ulluCI arrest.
Recalls Some OF Prison Talk.
He was cross examined at some length
by Charles c. Mott. jr., the Assistant
District Attorney. and admitted that in
1911 he had sworn 10 a false claim for
damages to an automobile which he
filed with an insurance company. When
the falsity Of his claim was discovered
he made an affidavit acknowledging his
guilt The claim was for 1900, and
the automobile had cost him only about
$500. Montani remembered some of the
conversation overheard and reported by
police stenographer while he, Kinsman
and Lamb were locked up at Police
Headquarters on February 2S. The more
damaging parts he did not remember.
That stenographic report was the
strongest bit of corroborative evidence
Mr.. Mott was able to produce to sub
stantiate the testimony of Kinsman, Al
brozzo and Lamb, who testified against
Montani In summing up Mr.. Mott said:
And l freely admit that had they been
accomplished criminals they never would
have shouted from cell TO cell as they
did"
Mr.. Roesch in his summing up ap-
pealed to the sympathy of the Jurors.
They should consider well. he said, be-
fore convicting man of good reputa-
tion with an established business-a
married man with two children, more
over-upon the testimony of avowed
criminals. He called Mrs. Mary Mon
tsni Genos wife, but although she was
trembling with eagerness she was not
allowed TO testify. Montanis counsel ac-
knowledging that her testimony had
nothing to do with the robbery. Half a
dozen witnesses who testified to Mon
tsnis good reputation were the only
others called by the defence.
Accepts Verdict with Courage.
Montani was remanded until Wednes-
Gay for sentence. The penalty for rob-
bery in the first degree is not more than
twenty years. The minimum is left to
the discretion of the court. Montani
fook the verdict courageously. He was
pale, but his voice was firm as he an
swered the questions put to him by Clerk
Fsnny. His wife was not in court when
The jury came in. Montani said that he
vts thirty-two years old, naturalized
knerican citizen, and that he lived at
Fo. 147 West 4th street.
EDWARD Kinsman, one Of the others
implicated in the hold-up, has pleaded
guilty to robbery in the second degree
ana is awaiting sentence. "Scotty'
Lamb Jess Albrozzo and Gene Splaine
gave confessed their part in the robbery
70 Mr' Mott, but have not pleaded to the
inolctments against them. Matteo Ar
ssno' The Brigand." has confessed TO
knowledge Of the robbery and to the
lneat Of $4,000 from the robbers, but
eos not pleaded. Jimmy Push" and his
partner. Delso. who conducted the saloon
NO. Soe Thompson street where the
O' was divided, are under indictment
'or receiving stolen goods.
Do'cn Keller. Joe the Kid" PAUL..
Afoano's fellow 'brigand." and fourth
7n whose name is not known have not
Sesn arrested. Something less than S3.-
Eed