The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-09
LEAVES DEATH HOUSE
FOR CARNIVALE TRIAL
MOntimagno, Sentenced Mon
day, Called Back-ROfranO
Target Again.

Gaetano Montimagno. a twenty-one-
year-old bootblack. who was convicted
OF killing Michael Gaimarl, a political
lieutenant of Thomas +. Foley. Tam
many leade in the Second Assembly
district. was brought back from the
death house at Sing Sing yesterday.
to appear at the trial OF Rocco Car
nivale, called lox Cornell, before JUS
tice Davis in the Supreme Court, Grim
inal Term.
Montima gno was sentenced to dea'h
by Justice Davis on Monday and was
at once taken TO the death house, but
was there only "A few hours when JUS
tice Ingraham of the Appellate Division
signed a writ OF habeas corpus direct
ing his return to this city. This led to
"A report that the sight OF the death
house had caused M~ontimagno To
weaken and that ne would in all prob
ability be a witness for the prosecution
in the trial Of Carnivale. who If said to
have furnished the revolver with which
Gaimar was shot. District Attorney
Perkins said MontimaEno had been
brought back SO that he could he iden-
tined at the Carnivale trial. During
the day he was taken into the court
room three times.
While Montimagno II here he will he
quartcred in the Jefferson Market prison.
Frank Fennimor. who Is Jointly in
dicted with Carnivale. is being confined
In the Harlem prison. on the applica-
ton of his counsel. Lloyd =. Stryker.
he will be taken daily to the Crimina
Courts Building. He was there yes
terday. but did not appear in court. He
will have a separate trial.
Assistant District Attorney Brothers,
who is prosecuting Carnivale. said In
his opening address TO the Jury that
he would bring In the name OF Michael
R6frano. a deputy street Cleaning Com
missioner, to show that Carnivale fire.
Quently called him on tho telephone at
his office In the Municipal Building.
Rofrano's name was often mentioned
In the trial OF Montimagno. He is cred
tied with having said to Carnivale that
Gaimari must be got rid OF. because he
was getting 10 be too great n power IN
the Italian section OF the Second As
sembly district.
Mr.. Brothers said the Juror. would
hear a great deal about n murder on
January |, when another Foley follower
was killed. He was James Minott. Joe
and Antonio La Sale were held for his
death. Joe La Sale was not caught
for some weeks after the killing. While
IN hiding he spent six nights In tho Car
nivale fiat In New Utrecht avenue,
Brooklyn. Joe La Sale will swear that
he heard Gaimaris death plotted and
that he saw Montimagno In the Carni-
vale fiat when he got directions how h.
should shoot his victim.
we will show you said Mr.. Broth
ers. that Gaimari's death was desired
by Rofrano. At least that IL what Car
nIvale said about Rofrano. or cpurse
We don't know what Rofrano ever told
this defendant. II is possible that Car
nivale supplied the name NJ some one
supposed 30 have Influence. But you
will hear the whole story from the lips
OF witnesses who had many conversa-
tons with tho defendants on the sub
ject."
Mr.. Brothers said ne would prove
that the revolver found by the police
beside the body OF Gaimart as he lay In
the street was the property OF Cornell.
Several policemen identified Month
magno az the man who did the shoot
ing Of Gaimari. William +. Armstrong,
a truck driver. who swore that he saw
Montima gno shoot Gaimari four times.
was under REORGANIZATION when
court adjourned until this morning.