New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-10-18

die Rox replied. l answered | would
surely shoot The Horse this time, and
/ did, the witness declared.
Coat Lapel Is Slit.
Assistant District Attorney Brothers
produced the coat, and the jurors ex-
amined three clean cut Sits just under
the right lapel The garment, Month
magno explained. was given him to
wear at the shooting by John Brondini.
The right hand side pocket was torn
so that the gunman could thrust the
big black Colt pistol clean through the
rent and let it hang straight down
against his thigh. In this way, by sud
denly unbuttoning the coat, he cou ID
push the gun out from behind it's folds
and shoot without any danger of its
catching in his clothing while drawing
the bead" on Giamari.
After firing three bullets into "the
Horse" Montimagno testified, he
dropped the gun beside the body and
hurried into a saloon. He bought a
glass OF beer, which he did not taste,
folded up the coat and left it, going
out by another door. He hadn't gone
four blocks when he was arrested. He
was tried, convicted in May. 1915, and
sentenced to die in the electric chair.
Before Rofrano surrendered. last
May, eight months after his mysteri-
GUS disappearance, Montimagno was
brought down from the death house.
He offered to give certain testimony
in return for a promise that the Dis
trict Attorney would recommend a
communication Of his sentence to life
imprisonment. The prosecutor refused
to enter into any stipulation with
Montimagno. After Rofrano appeared
Montimagno was again brought down
from Sing Sing, and has remained in
the Fifty-third prison ever since.
"No stipulation or promise OF any
kind whatever has ever been given TO
this witness" said Assistant District
Attorney Dooling. after the gunman
had given his most material testi-
mony against Rofrano to the jury.
Tells Of Meetings
Describing the meetings with Ro-
frano in Joe Brondini's home, Monti-
magno said Rofrano Vas angry be-
cause he (the witness) had brought two
friends-Curica and Louis Miro-to the
house and wouldn't talk with the wit
ness In their presence. After going TO
another room Rofrano, the witness
went on, appeared more at ease.
"He made me sit beside him ana ne
called me Tommy" the .gunman said
HE poured wine for US all and then ne
upbraided me because | had not kept
my promise to shoot The .l Horse Yao, -.
for you. Don't be afraid Of anybody IN
New York. They all do as | say. IL you
get rid Of "The Horse" shall make a
slave Of Tom Foley, and all the English
speaking Italians will come over 10 my
club. | will get you job and you won't
have to work any more or be boy OF
the underworld
Montimagno confessed he was afraid
70 kill Giamari the American way. He
told Cornell and Fennimore he wouidn't
mind stabbing or using blackjack, but
he wasn't used to pistols, especially pig
ones, because they made such a noise.
When he asked why they didn't choose
some one else for the job they told MN,
the witness testified, that he was un-
known in Giamari's district, that ne
could not speak English and that ne
was small and could easily get away
unnoticed.
Throughout the recital of Month
maqno's amazing tale Rofrano ap-
peared trihe excited. He displayed
no uneasiness, but his previous man
ner Of. calm assurance gave way to a
nervous haste as he made prodigious
attempts to take down all his accuser
said.
Smiles Now and Then
Occasionally he would glance quickly
toward Martin W. Littleton, his coun-
sel. and smile whenever it was apparent
Montimagno was a little in doubt about
his facts. A few times he actually
grinned in the direction OF the jury