The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-22
'CARNIVALE GUILTY
IN SECOND DEGREE
Midnight Verdict Finds He
Had FOlcy's Political
Aid Killed.
Is GUARDED BY POLICE

Rocco Carnivale. called Rox Cornell,
was convicted OF murder In the second
degree for killing Michael Gaimari, the
Foley political Lieutenant, in the supreme
Court. Criminal Term. last night. The
Jury returned It's verdict at II "a, after
being out Ave hours. The penalty IL
from twenty years to life Imprisonment
Carnivalc was evidently greatly
pleased Mt the verdict.
"My life Is saved" he said, when the
foreman announced the verdict. There
was no disorder. but the police guard
Immediately cleared the building
Justice Davis will sentence Carnivale
on Thursday. Assistant District Attor-
ney brothers would not say last night
when Frank Fcnnimor, also charged
with murder. would be brought to trial.
For the first time since the Becker
trial the Criminal Courts Building was
guarded by an extra force Of police.
Policemen and detectives also kept the
surrounding streets lear. \ large
crowd gathered about the building eaE'r
10 hear the verdict, hut was kept back
by the police.
An extra force " police was called for
by Justice Davis. who Is pre~idins at the
tti1l in supreme Court. Criminal Term.
when he returned to the Criminal
Courts building NJ 10 80 he found the
halls crowded. only Caruivale's mother
and friends and some friends OF Foley
were allowed to remain In the building
In summing up counsel for both sides
emphasized the Importance or the is-
sues involved, aside from that OF muir
der. and the political troubles In the
district. Both iutimated that the rivalry
was SO hitter that trouble might be eN-
pected after the verdict.
II was thought significant that the
fury asked that the testimony connect
ing Rofrano with the murder be reread.
This testimony was chiefly hat the tele-
phone Was used between the house OF the
prisoner and the Street Cleaning De
partmcnt.
Carniyale has been on trial for more
than two weeks for the killing OF Michael
id.mari at Chestnu, aud Madison streets
on the morning OF March : last. He
was Jointly indicted with GactanO Mon
timagno and Frank FcnImor. Monti-
magno has been convicted OF murder In
the FIRST degree and is now awaiting
execution. Foulmor is still to be tried.
The defence Of Carnivale was that ne
had been framed by politicians. He
said that he was without funds after
he closed the Chatham Club In China
town.
Assistant District Attorney Brothers
who was the prosecutor. in his CLOSING
argument yesterday said that Carnivale
was the man behind the killing OF
Gaimari and that Michael Rofrano had
been hrough, into the case for the pur.
pose OF making a record for any future
proceeding.
cit has been said that Rox Cornell
will squeal and that Is the reason there
was no al!5i for Rofrano at the last
trial" he said. 81 have heard reports
OF the possibility OF such a squeal for
some time ard when the defence opened
here il put on record the story of this
defendant. He viii he held By II IL IN
the future some other person Is called tC
this bar for trial"
Referring 10 Robert II. Elder. who
represented the TWO La Sale brothers
now serving twenty years each for IN,
killing OF James Miuott, another mem.
her OF Foley's followers. Mr.. Brothers
said
II tried 10 serve both sides. No on,
brought Rofrano into the case OF Mon.
'lmagno. although his name was equal,
prominent there in the evidence. Mon
Gaimari. 7 will say now that | dc
not accuse Rofrano Of the murder. L
| thought him guilty | would not sa,
80. The Grand Jury OF this county
would say O."