The sun., 1916-10-25
COUNSEL GAGGED Me-
SAYS MONTIMAGNO'
Gaimari's Slayer Asserts His
Lawyers Said RofranO
Would Save Him.
WAS TOLD NOT TO WORRY
Witness Rcenacts the Scene Of
the Murder for Courts
Benefit.

6aetaro Montimagno the stubby little
murderer OF Michael Gaimari. yesterday
told the jury that is hearing the trial
OF Michael Rofrano for the same muir
der. that he had informed his own law.
yers, Cesar Barra and Girard Cuoco.
that RofrAnc had made him kill Gain,ari
and that they had advised him to keep
his msuth shut II he wiehed to 90 free.
tina was brought out In detail by
Assistant District Attorney Brothers
after Martih Lttleton. Rofrano's attor-
ney, had opened up the way by asking
Montimasno II ne had told his present
story shout Rofrano to my one before
his conviction. According to Montimagno
he waited TO see II Rofrano would make
good his promises. and his attorneys
lad told him that Rofrano's influence
would save him.
Cesar Barra, when told OF Monti.
magaos testimony. said that II would
be unproYessional for him to comment
on II in any way except TO reiterate
what Mr.. Cuoco had said--that Mon
,lmagno's testimony was untrue.
when did you first tell your lawyers
that you were guilty." asked Mr..
Brothers.
M0ntimaGn0 Tells Of Advice.
''The first time they came to see me
IN the Fifty-third street prison." said
Montlmagno. " told Mr.. Barra that
] was the man who committed the mur-
der and told them who made me do II.
] mentioned Brondini. Cornell. Fenni-
more, Rofrano and Chuck.
"sarra said to me. Listen. Month
magno do you want to go freer l said.
Yes Then he said, You keep your
mouth shut. say nothing. don't talk to
anybody. Tell your two companions,
Fennimore. who Is under arrest now.
II they say nothng-at that time
think he mentioned Rox also-and that
II he kept his mouth shut he would
get out. and that Brondini would get
witnesses to say was innocent and
that we would ali go free, and that Ro-
franc wae working day and night to ar
range it SO ] would go free
II said. Why Is 1t every day they
put me In the lineup? What 10 the work
they are doing for me?' He said. 'Shu,
up this is the work Of the District At.
iorney to scare you. but when the trial
comes nobody will come to the 'front.'
Then he told me that the persons who
see me. Rofrano had paid them SO tina,
they would 60 away.
silence asd Freedom.
''rhen Cuoco said. II you keep siien,
you will 70 free: IL you speak you vii
20 to jail"
Two days later he saw them boti
again and. Montimagno continued:
"CuocO said. 'Brondini has brough
witnesses to my house and they vii
testify that you were not the persor
that did the shooting"
Montimagno said he was afraid be
cause Pauline Samueis picked him ou
Of the lineup.
"Cuoco said. Don't worry she vii
TESTIFY she never saw you in her house
Keep silent. because We know what W,
have to do to keep you out said I,
him. There Is the barkeeper who saw M
leave my coat, and he said, BE silent
Rofrano has many friends and will n!
everything He said Rofrano was send
ing persons to him every day and h.
and Rofrano had talked together am
everything was going we'll In the case
He said, Don't say anything to La Sail
and Serafino. Whoever asks you abou
the murder you must say 4 do not kno,
anything about it,"
scene IL Reenacted.
The morning session was enlivened b
another dramatizaton by Mun,imagn
OF the way he shot Galmari the Hors,
This time he was dressed in the over
coat he wore on the day OF the Grim
and the revolver was given to hin
Montimagno showed how ne threw III
coat open so he could use the gun an
clicked It viciousy several times to illus
trate how he fired into Gaimari after h
fell face down. The pantomime was
bit too much for him and he made
slip which Mr. Littieton was quick
take advantage Of.
"If you didn't want to commit murdt
why did you fire into his body after h
fell to the ground?" asked Mr. Lttleto
Because that's what | had been tol
10 do by Rofrano. ! was to fire all 81
bullets" This was the first time Mont
magno had mentioned that Ro!rano ha
said such d thing Mr.. I.it,letun rea
from La Sales testimony that Mont
iGagno had said in Cornell's fiat tn,
this time he would get Gaimarl and tn,
he would empty the pistol. Montimagt
denied that he had made such stat
nicnts
He also gave his reasons for NJ
wanting to shoot Gaimar! and for pr
ferring the blackjack or knife. When
man Is shot he rarely gets well. b
when he Is blackJ lacked or stabbed
man Is not apt to die. 1T all dcpen
on how the knife is given" he explaine
Montimagno ended his testimony la
IN the afternoon and after Edward
Hussey Of the telephone company III
identified some telephone records Lou
Mira, the states corroborating witne
regarding the meetings in Brondin
fiat, took the stand. He told OF going
the fiat with Montimagno and seeii