New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-05-22
R0FRAN0'S BAN
ON PHONE CALLS
TRACED AT TRIAL
Operators Say Order APP
piled to Moore" a Name
Used by Cornell.
THREE WITNESSES
HELP MONTIMAGNO
Saw Shooting and Declare Pris-
oner Did Not Fire Shots
That Killed .Oaimari.

Assistant District Attorney Brothers
tried persistently yesterday at the trial
Of Gaetano Montimagno for killing
Michael Gaimari to link the name Of
Michael Rofrano, Deputy Street Clean
ing Commissioner, with Frank Fenni-
more and Roxy Cornell. These men
are now waiting trial for the same
murder
The prosecutor drew from two tele-
phone operators in Rofrano's depart
ment that the deputy had given stop
over" orders for calls. These came
from men named Moore and Campbell.
Joe Ia Sale, a states. witness, had al
ready testified that CTrnell frequently
used the former Dam4s when speaking
over the telephone to-Rofrano.
Mary Dunn. one Of The operators, ex-
planned Rofrano's orders as instruc-
tons to refuse 10 connect his personal
telephone with any one giving these
rames Frank J. Boland, another OPP
orator. said he had received similar or
ders from Rofrano. Neither could state
precisely when they had been given.
Boland thought he had received his
about a month after November"
Witnesses Help Defence.
Meanwhile the defence scored heavily
in its effort 10 clear Montimagno of
the murder, producing three witnesses
of the shooting, who declared the crime
had been committed by another man.
The first of these. Thomas Porcaro,
broker in Italian products, with Offices
at IL Broadway, proved the most I'M
portant.
II was in Madison Street when
heard a shot fred" he said, land, turn
ing. saw a man fall and another man
fire three or four more shots"
Montimagno was asked to rise, and
Porcaro, studying him closely, said:
al must say, upon my conscience, that
the man l saw shooting was taller than
him and not this boy
He added that he was about sixty
feet away at the time of the shooting,
and he thought the murderer wore a
gray overcoat similar TO that recovered
in the saloon Of Chris Casino. He said
further that he did not know Rofrano.
Pasauale Amendelari, who now has
a cigar store at 2745 Amsterdam Ave
nue., but who on the morning OF the
murder was taking pictures near the
scene Of the crime. said he had
pretty good view of the assassin.
THAT is not the man | saw he de-
olared when Montimagno was asked to
stand up before him.
Louis de Mar. an employe of Porcaro
and with him at the time Of the shoot
ing, said Mortimagno was not the man
who did the shooting. On cross-eXam-
nation, however. he admitted the de
PENDANT resembled the murderer and
that the coat shown him was similar
TO that Of the man who did the shoot
ing
Mr.. Barra. for the defence, brought
on Deputy Warden Bremel of the West
Side Prison to prove that Mike Polite,
a witness, had thrice failed to identify
Montimagno as the slayer.
Identification Fails.
Montimagno and a dozen other men
were lined up in the prison, said the
warden, and Polito was asked TO pick
out the man he had seen do the shoot
ing. Three times he picked out the
wrong man. said the warden, thus
throwing doubt on his later Identified
tion of Montimagno in the courtroom.
Salvatore Salarito, of 264 Hamilton
Avenue. Brooklyn, swore that he had
seen Montimaeno at $3.50 the morning
of the shooting and that he was then
wearing a dark suit and no overcoat.
Witnesses say the assassin wore
gray overcoat, which he discarded IN
nearby saloon.
Robert II. Elder, another witness, de-
MED that he had told Joe La Sale to
swear to a number of lies to save the
latter's brother. On cross-examina-
ton ne admitted that after consulta-
ton over what the District Attorney
would do if the La SALES pleaded
guilty and told what they knew of the
killing he would go at once to Rofrano
and see what he rad 10 say about it.
Another witness, 3acomo Fiapana'
of 1913 Hamilton Ave pc, and brother
in-law of the defendant, swore that
during the months of October, Novem-
Der and December. while a witness
for the state said he had twice con-
fcrred with Rofrano, he was in Science
tady. Fiapsna was somewhat shaken
on examination.