The sun., 1915-05-22
ROFRANO OUT TO
SOME WHO PHONED
Switchboard Operators Tell at
Trial Of Getting stop
ORDERS"
r. II. ELDER A WITNESS

"" montimhkho, accused OF
numbering Michael Gaimari, a po,itica,
lieutenant Of former Sheriff Thomas r.
Foley. was almost lost sight Of for more
than two hours yesterday at his trial
before Justice Davis In the Supreme
Court.
This was due to the efforts OF counsel
for the prisoner to bring out explana-
tions concerning why Michael Rofrano,
a Deputy Street Cleaning Commissioner,
had been mentioned by several Of the
witnesses. Rofrano 10 said to have been
interested in the trials Of Joseph and
Antonio La Sale. who killed James
Minott, another Foley follower. on the
night Of January 1 last. and is alleged TO
have wanted Gaimari. put out OF the
way because of his growing power
among Italians In. the Second Assembly
district.
started last Monday testimony regarding
Rofranos interest in the defendant, and
also In Rocco Carnivale. better known
as Rox Cornell, and Frank Fennimor
has been given at different times Both
Rox and Fennimor have been indicted
for the Gaimari murder. Some OF the
witnesses for the prosecution knew
Rofrano and others had only heard his
name mentioned in the case.
Robert H. Elder. who appeared a.
counsel for the La Sale brothers, was
called by Caesar Barra Of counsel for
the defence TO offset 4 story told by
Joseph La Sale that he had been coached
to tell a pack Of lies at the trial OF
his brother Antonio before Judge Grain
in General Sessions.
Mr.. Elder was cross az mined by A.
sistant District Attorney Brothers. The
prosecutor caused him to admit that be-
fore the trial of Antonio La Salls he had
said he would confer with Rofrano as to
whether he should advise the La Sale
brothers to become witnesses for the
prosecution in another case. This was
just before March 22 last. The prosecu-
tor suggested that II could only have
been the Gaimari case. Mr.. Elder also
admitted that after having . talk with
Mr.. Brothers he did see Rofrano at the
latters office in the the Street Cleaning
Department.
defence to show that Montimagno was
not the man who killed Gaimari one
witness said the prisoner resembled the
murderer and admitted that the overcoat
traced TO the defendant looked like the
one he wore.
Miss Mary Dunn and Frank A. Bo-
land. telephone operators At the Street
Cleaning Department ofYices. were called
to show that some persons who called
for the Deputy Commissioner were not
connected, the answer being. He is
out
Miss Dunn said she got what in teie-
phone circles is called stop order
from Rofrano for the names OF James
Moore and Campbell. Persons giving
these names frequently called the Dep
uty Commissioner. she testified.
Boland said he received many calls
for Rofrano from a man named Fenni-
NOR. He added that Fennimor had not
always talked to Rofrano, but there was
no stop order" In his case.
Mr.. Elder was then called by Mr.
Barra. When asked II he had advised
Joseph La Sale to tell "a bunch of lies"
( at the trial of his brother Mr.. Elder
said he had not.
Did you ever say to Joe that ne must
say that politicians had something to do
with the Minott killing asked Mr..
Barra.
II did not" was the response. The
| witness then said he had never advised
his client to tell anything but the truth
about his case. and denied that he had
given Instructions to La Sale to keep
the names of Rox Cornell and Fenni-
NOR out OF II.
Mr.. Elder said he had several talks
with the La Sale brothers and that he
had been told by them that they had
never known Montimagno.
Joseph Bruno secretary OF the Home
Rule Democratic Club, OF which Rofrano
is the leader, swore that neither the La
Sale brothers nor James Seratino are
members OF the club. He had the books
In court to prove II. He admitted to
MIR. Brothers that he knew Cornell. Fen
minor and Rofrano. all OF whom he had
seen about the clubrooms.
Giacamo F'iapani. a brother-in-lsw OF
the defendant, swore that at the time
of the Mitchel-McCall campaign the
prisoner was in Schenectady and did not
return until after the holidays. Wit
nesses have sworn for the prosecution
that Montmagno was In the Home Rule
Club on election morning in 1918 and
that he was talking about that time
with Rofrano.
Court took an adjournment until Mon
day morning. and at the end OF the day
Mr. Barra said he had not decided
whether to call the defendant to the
stand