New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-17
Tax Commissioner Mullan Hears
Testimony in Case of Carni-
vale, Which Brings in Michael
A. Rofrano, Deputy in the
Street Cleaning Department.

The defence in the trial for murder
of Rocco Carnivale, who admits being
known as Rox Cornell and Thomas
Moore, took up almost all of yester-
day calling witnesses TO show that Mi
chael A. Rofrano was not at his office in
the Street Cleaning Department on the
days when the states witnesses testi-
fed he had discussed over the telephone
with the defendant plans for the kill
ing of Michael Gaimari.
The murder Of Gaimari. the prosecu-
tion contends, was an incident in a po-
litical feud in the I'd Assembly Dis
trict between Thomas F. Foley and
Rofrano. 1t was the great prestige OF
Gaimari among the Italians Of the dis
trict and his alliance with the Foley
faction, it is alleged, that caused his
death.
While Maurice Simmons. a member
of the law firm of which Rofrano is a
member, was on the stand, Tax Com
missioner George V. Mullan, former
law partner of Mayor Mitchell, entered
the court room and took seat inside
the inclosure near Justice Davis and
the witness stand. The Mayor has
been following the case closely since
the name Of a member of his admins
tratiOn has been conspicuously men
toned.
Mr.. Mullan, when asked if he repre-
scented the Mayor, said: 81 don't exactly
represent him, am here at his re-
quest"
Mr.. Simmons told Of Rofrano's being
in his law office, at 1913 Broadway, on
January 7, and also of having heard
Rofrano order Carnivale from his
office. 81 don't want anything more to
do with you, you have caused me a lot
of trouble and | am through with you"
witness quoted Rofrano as telling Car
nivale.
During the DISCRIMINATION of the
witness Mr.. Brothers, the Assistant
District Attorney trying the case, sud
denly asked: where were you last
night" AT my Office and home"
was the reply. "Were you anywhere
else ?" After a pause, = es, was at
dinner" Asked who was there the
witness was silent several seconds be-
fore he said, "Why. a newspaper man,
Mr.. Buckner, Mr.. Rofrano, Mr. Stryker
and Driscoll."
Emory R. Buckner is counsel for
Rofrano and Lloyd p Stryker repre-
sents Carnivale.
Salvatore Maiorana. who las a
saloon in Cherry Street. called TO cor
roborate testimony Of witnesses that
Rofrano was in his Broadway office,
instead Of the Municipal Building, on
one Of the days Joseph La Sale tes-
tilted that he heard Carnivale speak 10
Rofrano over the telephone. was
forced to admit that he had served
two years and ten months in Sing
Sing for Swindling immigrants. He
also admitted that when he got out
CT prison his friends gave dinner
for him. Rofrano was present
When Vincent Pisarra, assistant
superintendent of the Society for the
Prevention of Cruelty to Children,
was on the stand, Mr.. Brothers asked:
"As an officer of the Children's So
ciety, you have come into contact
with offenders against children and
have appeared for the District Attor-
ney's Office as q witness in many such
cases, have you not?
"And in your work have you ever
met the defendant, Rocco Carn'vale.? p
DtlOIc WI. Oh htI GOulu -DyNCL INC
witness had answered both questions
in the affirmative. The court ordered
the questions and answers stricken
from the record, but they were plain
ly heard by the jury.
Several other witnesses were called
to show that, while Carnivale had re-
ceived money from Rofrano, II was in
payment for bar fixtures after he had
closed up his place in Chinatown
The prosecution had brough. out that
Rofrano paid Carnivale $50 > week
for more than two years. They alleged
Carnivale told them it was paid be-
cause of his promise to do away with
Gaimari.
Mrs. Michael Gaimari, widow Of the
murdered man, has been constant
attendant at the trial with her moth
er-in-law. They also attended the
trial of Gaetano Montimagno, who has
been sentenced to death for the muir
der. It was at the direction Of Car
uivale and Frank Fennimore, it is held
by the District Attorney, that Month
magno committed the crime.
Fennimores trial is TO follow Car
nivale's. and both women said yester-
dav they intend to follow II.