The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-21
ANOTHER MURDER
WITNESS BRINGS IN
NAME OF ROFRANO
Prosecution Closes Case
Against M%Ontimagno for
Gaimari Killing.
GENERAL DENIAL TO
BE MADE BY DEFENCE

the prosecutors case against Gae-
tano Montlmasno for the murder OF
Thomas r. Foley's political lieutenant.
Michael Gaimari In Madison street on
March 4 last. was concluded yesterday
afternoon. More evidence was given
10 connect the name OF Michael Ro-
franc. a deputy Street Cleaning Com
missioner. with the case. Rofrano's
name has run all through the testimony
Of Joseph La Safe. h is serving
twenty years in prison for killing James
Minott, also a follower OF Foley.
Rofrano was brought INTO the case
again when James Serahno. who is serv-
ing a term for assault. swore he knew
tho defendant Montimagno and had seen
him talking to Rofrano in the Home
Rure Democratic Club in Madison street
on two occasions. about the time OF the
Mitchell Mccall campaign.
Serafno. n former member OF the
Home Rule Club. which was formed by
Rofrano. also identified a revolver as
one owned by rsox Cornell. who Is un-
der Indictment for the murder of Cal
mari along with Frank Fennimor. At
the same time he said n second revolt
YER that had been brought into the case
by counsel for the defence was one for
merly owned by "Fflesy." who Is said
10 have been a partner in the saloon
business with Fenndmor in York street,
Brooklyn.
Defence Outlined.
When Assistant District Attorney
Brothers announced that the prosecu-
ton had finished Cesar Barra and Ger.
ard Cuoco. counsel for the prisoner. held
a conference with Justice Davis. \
motion for "A dismissal OF tho indictment
was denied and then Mr.. Cuoco opened
the case for the defence. lie made the
sweeping statement that his client di
not know n person mentioned In con-
nection with the case. BY this he sail
he meant Mike Rofrano. Frank Fenni-
NOR, Rox Cornell tCarnivale) or Joseph
La Sale. also called Joe Sleeps.
Mr.. Cuoco said the defence would he
a general denial and that witnesses
would swear that Montimagno never
wore an overcoat u as was Identified
by two witnesses as having been dis
carded by him in a saloon Immediately
after Gaimari was shot. The lawyer
also promised to show through wit
nesses the person who actually did the
shooting.
serahno was the most important wit
ness OF the day. He said that as a
member OF the Home Rule Club he had
visited the club rooms frequently just
before the election of Mayor Mitchell and
had seen much OF Cornell. Fennimor and
Rofrano. The revolver he identified as
one owned by Cornell he said he carried
on election day in 1913 while going
-. .-4 " .le
district politics. He swore the revolver
had been handed to him by Fennimor
in the morning and that in the evening
he gave II back to Cornell.
Changed Mind In Prison.
Scrafno on cross-examination ad-
mitted that he had agreed TO turn States
witness after Joseph La Sale and his
brother. Antonio, had been imprisoned
in Sing Sing for the murder OF Minotr.
Serafino Is under a sentence OF two years
and six months for assault.
The testimony by Serafno concerning
Rofrano's acquaintance with Mcnti-
magno was given after the witness had
Identified the prisoner as 'Tomm!e' and
was asked where he had seen him. TIC
this question Serafino answered:
AT the Tome Rule Club. of which ]
wa a member"
With whom was he?"
Michael Rofrano.'
Joseph La Sale was recalled by the
defence and in answer to questions by
Mr.. Barra said he never had told his
lawyer. Robert II. Elder. that IL he had
thought his brother. Antonio, would be
convicted he would have put the whole
thing up to the Rofrano crowd. La
Sale repeated that he had lied at the
trial OF his brother at the suggestion o,
his counsel. but denied hat he had
asked his lawyer to permit witnesses
to swear falsely for him at his owr
trial
A story WAS current about the Grim.
inal Courts Building yesterday that Tom
Foley and two OF his l~leutenants had
been marked for death and that $4,000
had been offered for their murder. Nc
one In the District Attorneys office be-
lisved the story. but II was said there
was no doubt that Foley was a mucf
disl!ked man in certain quarters Of his
political district.
When court adjourned Justice Davis
told the Jurors to come to-day prepared
for a night session.