New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-10-25
SAYSROFRANOAID
WAS PLEDGED HIN
Montimagno Swears Two
Lawyers Told Him to
Keep His Mouth Shut

Spectators at the murder trial OF
Michael A. Rofrano were again startled
yesterday by statement made by
Gsetano Montimagno. The understood
death house prisoner, who on Monday
stirred the courtroom with his testl-
mony that before his trial, in May,
1915, he had told his lawyers, ex-As-
semblyman Cesar B. F. Barra and Gil
rard Cuoco, he had murdered Rofrano's
political foe, declared yesterday that
the attorneys had ordered him to keep
his mouth shut. This was, he charged,
because Rofrano was working day and
night" to get witnesses to say he had
not killed Michael Giamari.
at would be unprofessional for me
10 comment on what Montimagno has
said beyond reiterating that it is an I'M
qualified lie" said Mr.. Barra last night.
1T won't alter my plan to call Mr..
Darra and Mr.. Cuoco TO refute Month
ragno's testimony that he ever told
this story Of being drugged and intimi-
GATED by Rofrano before he told it to
this Jury the other day." asserted Mar
tin W. Littleton, counsel for Rofrsno'
who first brought up the subject.
Told Lawyers in Prison
when did you first tell Mr.. Barra
and Mr.. Cuoco you were guilty." asked
Assistant District Attorney Brothers
yesterday on redirect examination.
"The first time they came to see me
in the West Side prison, a month and
a half before my trial." said Month
magno. THAT was after Judge Pal
m,eri was my lawyer. told them
shot Michael Giamari and l told them
who made me do II"
What did they say?"
"Mr. Barra said: Listen, Month
ragno. Do YOU want TO 90 free| l
said: Yes He said: You keep your
mouth shut. Don't talk to anybody.
Tell your companions, Frank Fenni-
more and Rox Cornell, to say nothing,
and they will get out, too. He said
Joe Brondini would get witnesses TO
say / was innocent, so we all would
20 free. He said Rofrano was work
ing day and night to arrange 1t so l
would so free.
81 asked: why is it every day that
they put me in the lineup" Shut up;
keep silent he said. This is the work
of the District Attorney TO scare you,
but when the trial comes nobody will
come 10 the front Then he told me
Rofrano had paid all the persons who
had seen me near the shooting so that
they would go away.
"Then Mr. Cuoco the next time saw
him. two days later, said: 'Brondlnl
has brought witnesses who will testify
you did not do the shooting ] said:
How about Pauline Samuels? Will she
say she did not see me at her house
in Brooklyn He said to me: Keep
silent, because we know what we nave
to do to get you out"
Asks About Bartender
Montimagno, unappeased, asked Mr..
Cuoco about the bartender in the sa-
loon where he dropped the overcoat he
was wearing on the night Of the muir
der, he continued.
"Mr. Cuoco said 10 me: BE silent.
Rofrano has many friends and will fix
everything" declared the witness.
did either Mr.. Barra or Mr.. Cuoco
WTlte GOWN an. lhlNk NutH gOu NpAu
them Rofrano had something 20 do with
the murder p" Mr.. Brothers inquired.
Montimagno swore they had not. No
stenographer had been present at the
conversations, he added.
Did you ever tell the District At
torney about these conversations with
Mr.. Barra or Mr. Cuoco before you
took the stand?" asked Mr.. Littleton.
Montimagno replied that he had not.
The slayer Of Giamari was followed
by Louis Miro, the only corroborating
witness for the people TO the alleged
murder conferences who is not an &C
complete. Miro is also the only ma
terial witness who is not a convict. He
said he knew all the accomplices in the
case, and testified to having gone to
the home of Joseph Brondni. In Brook
Ign, about two or three weeks before
the murder. He said he saw Rofrano
there talking with Montimagno.
Miro was the third witness 10 iden-
tify Rofrano in the trial, Montimagno
and Joe La Sale having eagerly point
ed him out. Miro left the stand and
walked dramatically to the opposite
side of the table, where the defendant
sits, and placed his right hand on Ro-
frsno's shoulder. Rofrano glared at
his accuser, but otherwise displayed no