New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-16
Denies He Instigated Kill
ing of Gaimari in
Political Row.
NEVER SAW ACTUAL
SLAYER, HE SAYS
Michael A. Rofrano, Often Mem
toned at Trial, May Take
Stand To-day.

Rocco Carnivale, alias RoX Cornell,
took the stand in his own defence yes
tcrday, and denied that he instigated
the murder of Michael Gaimari, who
was the victim Of a political row be-
tween Thomas F. Foley and Michael A.
Rofrano. Deputy Street Cleaning Com
missioner. He declared emphatically
that ne had never seen Gaetano Month
magno, the actual killer, until he faced
him in court.
During his cross-eXamination Cor
nell lost his temper many times. Par
ticularly was this so when Assistant
District Attorney Brothers wanted TO
know how Carnivale made his living.
He had admitted that in the last two
wears he had done no WORK. The money
on which he lived, ne said, was given
TO him by friend he had established
in a barber shop.
isn't it a fact, that you were the
proprietor Of several disorderly houses
on the lower East Side?" asked Mr..
Brothers. "No, sir" Carnivale re-
piled Names Of several women were
mentioned, and as Mr.. Brothers con-
tinued along this line of examination
Carnivale lost control Of himself, shook
his finger a. the Prosecutor and said:
"Now, l told you all about that sort
of thing some time ago. You asked me
about il once before and | told you
that II was not So | have been in bust
ness many times and ran the Chatham
Club, in Chinatown, and Raines Law
hotels, but there was never anything
wrong in the conducting of them
Carnivale's Place Raided.
"Now, Carnivale, wasn't your place
in lanes Street. which you ran from
1904 to 1907, raided by Inspector Rus
sell as a result of a complaint from
Father Curry?'
When he replied absolutely no" his
memory was refreshed by the prosecu-
tor. Carnivale then denied that he had
smoked opium for the last fifteen
Years, but admitted that he was on
friendly terms with a habitue Of
Chinatown, described by Mr.. Brothers
as a half Chinese and white woman,
who was a victim Of OPIUM.
"Now, Mr. Brothers. let me tell YOU"
Carniyale retorted. "5ne was about as
much a sweetheart OF mine as any
that you might have"
He was leaning far out of the wit
ness chair, his sallow complexion
turned to white, his arm stretched at
length and his finger pointing TO Mr..
Brothers. The court admonished him
and requested that he conflne himself
TO questions and answers.
In opening his DISCRIMINATION Mr..
Brothers wanted 10 know if Carnivale
was not friendly with Michael San
tangelo, who visited him in the Tombs,
for the purpose, the defence contends,
of making statement duplicating
Michael A. Rofrano in the murder of
Gaimari. ayes. that's why | sent for
him." Carnivale replied.
On direct examination Carnivale
said he had a fist fight with Gaimari
when he was a boy. They had a dis
pute over a dog, got a regular referee
and Gaimari was knocked out in two
rounds.
"Now after that fight with Gaimari,"
Mr.. Brothers asked, didn't you shoot
him, and when you were arrested
wasn't Santangelo the man that bailed
you out?"
81 never shot Gamar and can
not remember who went on my ball."
the defendant replied.
Swore He Shot Girl.
An affidavit signed by Carnivale sew
eral years ago in which he swore he
shot a little girl at a chowder party,
for which Rofrano was blamed, was
shown to him and he admitted having
signed it.
Carnivale then denied having been
near the scene of the murder in COM
pany with Frank Fennimore, charged
also with instigating the killing, but
recalled distinctly where he was on
March g. the day of the crime. Of Lis
movements on all other dates Carnivale
was uncertain.
He was positive he had never seen
Gaetano Montimagno, who had been
convicted of the murder. Prosecu-
tons witnesses have testified that they
saw Montimagno in Carnivale's home
and heard details of the murder plot
discussed there. Carnivale insisted
that he never saw Montimagno until
he was brought into court.
Maurice F. Connolly, President of tie
Borough of Queens, told of meeting
Rofrano in the grill room in the Hotel
Ten Eyck, Albany, on January and of
returning TO New York with him on
the Empire States Express His testi-
mony was offered to discredit a witness
who told of telephone conversations
between Carniyale and Rofrano, DIR
ing which details of the murder were
Jigcucspd