New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-10-31
INTIMIDATION IS
ROFRAN0 CHARGE
Defence Accuses State OF
Prosecuting Its
Witnesses


A. Rofrano, former Deputy Street
Cleaning Commissioner, on trial on the
charge that he ordered the murder OF
Michael Giamari, one Of former Sheriff
Tom Foley's political lieutenants, was
compelled to make two admissions.
The first was that contrary to his
testimony on direct examination, the
Rofrano faction of the I'd Assembly
District did not deliver a big major
ity to Mayor Mitchell in the 1918 cleo
ton. The other was that while 1t is
now Rofrano's contention that the
shooting of Giamari on March 8, 1915,
was the result of a long standing gam
bling feud, this is the first time in all
the eighteen months that Rofrano's
name has been linked with the murder
that he has advanced that theory in
his own defence.
Rofrano used his version of the ma
jority he delivered to Mayor Mitchell
in two ways. First, that it removed a
possible motive for wanting to have
Giamari. Foley's man. put out of the
way. and second. because it helped to
Foley has Framed" him up as the in
stigator of Giamari's murder in re.
venge for taking the district out OF
Foley's vestpocket.
"Did't you aspire to be Republican
leader in your district after you broke
with Foley?" asked Assistant District
Attorney Brothers.
81 did not"
Q.-Didn't you have a row with Joe
Levinson because wou tried to wrest
the leadership from him? A.-No, sir
On 1914 Glynn defeated Whitman
in the district by 5000, didn't he. A
don't think it was as large as that.
Didn't Gaimari almost put you
out of business in 1914, and WASN'T
your clubhouse closed? Ale had
nothing to do with it,
Q.-You didn't do much in your DIS
trict in 1914 did you? A.-No, sir.
Q.-Yet your friend Whitman was
running for Governor? Ayes.
Q-As soon as he was elected you
went right up to Albany to see about
getting some appointments, didn't you
AID seen him before.
Rofrano Hits Back
Most of the time Rofrano. during
cross-examination, showed he was
under heavy self-restraint Once he
found an opportunity to get back at
his merciless inquisitor,. when Mr..
Brothers suddenly asked him why ne
kept diary in the Tombs.
81 kept q complete record of every
thing | did" Rofrano replied, shaking
his finger at the prosecutor, because
knew the practices of the District At
torney in getting miserable stool
pigeons, who would say anything
against me for the sake Of getting away
with light sentences"
While Rofrano sat with his prison
diary on his knees-a book, by the way,
as large as a ledger-Mr. Brothers tried
to coax Rofrano to let the prosecution
have a look at it.
81 don't object, your honor" said
Martin w. Littleton, "to letting this
jury see anything we have, but | don't
see the prosecutions purpose in this.
II it is for the purpose Of investigating
persons whose names appear there, we
do object. Already the District Attor-
\ ny has subpenaed a number of our
! witnesses to appear before Assistant
+. District Attorney Dooling, and one of
them, Miss Theresa Mace, the stenog-
rapher, who, we have announced, will
testify to Rofrano's alibi, has been
John Doe investigation before the
grand jury. This is atrociously unfair,
and | call your honor's attention to it."
Court Calls Lawyers
"Mr. Littleton, in making that state
ment in the presence of these jurors,
you yourself are guilty of unfairness,'
replied Justice Weeks.
After adjournment Mr.. Littleton and
Mr. Brothers were summoned to the
/ bench by Justice Weeks and the sub
ject Of the subpenas was discussed.
"If this persecution and intimidation
of our witnesses isn't stopped I'll pro-
test against it in the presence of the
Jury every day. even if | am sent to
Jail for contempt" said Mr.. Littleton
TO reporters. Mr.. Brothers said he
knew nothing about the subpenas.
During his cross-examnation Ro-
franc said he was in the Journal
Office on Election night, 1913.
Q.-Who was there? A-Gene Dris-
coll, Glenn Driscoll, James Montague.
Mr.. O'Reilly, Mr.. Hearst's secretary;
J. P. Allen, chairman of the Independ-
ence League county committee, and
others.
Q.-Wasn't Gene Driscoll throwing
beer bottles out of the windows of the
Home Rule Club that night? Artist
I've heard Of it.
Didn't the police raid the club
that day? A.-Not that know of.
Q.-Were there rifles or sawed-off
shotguns in the club that day? A,-No.
Didn't you tell a reporter that
you were carrying a gun? Al don't
remember il.
Mr. Brothers read an interview in an
evening paper in which Rofrano was
quoted as having threatened to shoot
Providence Flynn, Foley partisan, If
Flynn raised hand in the election.
Election Day? A.-Not that | knew.
Q.-When you came to see District
Attorney Perkins in April, 1915, you
knew that Gaimari had been killed in
a gamblers feud, didn't you? Ayes.
Odd you tell him anything about
it? Al didn't get chance.
Odd Rox Cornell and Montimagno
know about this feud? Al suppose
they did.
Odd Cesar Barra, their counsel,
know about it? A.-You'll have to ask
him about that.
Q.-But not word about gamblers
feuds was breathed in either OF those
trials, was there? A.-No, sir.
On direct examination Rofrano said
his own election district in 1913 gave
Mitchell 225 votes TO McCall's 1870 and
that Gaimari was therefore not a for
midable enemy Of Rofrano's. Mr..
Brothers introduced the official returns,
which showed 1876 for Mitchell and 1876
for Mccall and that Rofrano's men
were beaten in other districts.
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