The New York herald., 1922-06-17
Penniless and Jobless, Was
Approached by Gang While
on Park Bench.
DESPERATE, HE PLOTTED
Throng in Court to Hear Tes-
timony of Man Who Barely
Escaped Execution.

ErlerglnE IIOIil lllc NCaNAi AOuoc oAeSA
a confinement of ten months during
which he escaped tie electric chair
by but four hours. Roberto Raffaele
took the witness stand yesterday in
General Sessions, and. like man who
wished to lift a great weight off his
soul, told of his relations with An
tonic Marino, on trial for his life, and
the other alleged conspirators in the
KIDNAPPING and Staying of hve-year-oid
Giuseppe Varotta-
Raffaele admitted he had committed
wholesale perjury at his own trial and
conceded that he was guilty OF COM
plicity in the Staying because the Court
of Appeals had ruled that he was con-
victed beyond reasonable doubt Il
must be guilty of murder in the first
degree" he said. Innocent men never
are executed"
1t is not often that condemned men
are brought back to testify In murder
trial, so a crowd was on hand TO listen
to his story The doors of Judge Alfred
]. Talley's court room had to be closed
long before II in the morning. when
Raffaele was conducted across the
Bridge of Sighs between two armed
guards. To his friends in the court
room it was like coming back from the
dead. because they had given up all
hope when he was granted last min
ute reprieve by Gov. Miller on request
of Joab II. Banton. District Attorney
Improved by Stay in Cell.
Persons who had Sc en- Raffaele when
he was on trial for his life said there
was big change in him. Life in the
death house seemed to have agreed
with him. He had taken on weight,
they said. but there was in his face
that pallor that always is seen In men
who have been in the Sing Sing con-
demned row for long period. Raffaele
was said to be about half blind when
he was on trial Yesterday he admitted
he could see lawyer standing across
the court room and said that they
have been treating my eyes since I went
to the death house"
The expectation was that Raffaele
would life the veil OF mystery that has
surrounded the varotta kidnapping and
Staying, but ii developed that so far as
he was concerned there was no veil to
lift. Under oath, and in manner that
impressed every one as truthful. RAT
faele said his role in the alleged con-
spiracy was that OF a messenger boy
swore. to go to the Varotta home and
collect the ransom they had arranged
through the mails. His reason for en-
tering the conspiracy was that he had
been out of work for several months,
was without funds and desire to dress
and have money like everybody else"
II was in Union Square Park the night
OF May 80. 1921 he said. ''I was rest
ing after a days work in Schwartz
restaurant in the Bowery That job
paid S. week. A man sat next to me
on the bench who turned out to be
Ruggieri Games Ruggieri. one of the
alleged conspirators). He was reading
book He began to eye me closely
and asked me for a match and a cigar
ette. We got into a conversation and
he asked me what was doing. and l
told him.
"why work.,, Asked Stranger.
why work for small wages? Ia
said. Look at me- said 1 had
to work or starve, and he said What
you want to get is money and you want
to get II quick. You can't depend on
jobs have got a snap. I belong to
society that has just stolen a child
and We are after $500 ransom. Why
can't you get that for US? Go TO the
parents. Tell them the child is all
right. He told me l would not be going
into trap. as the gang had got the
lay Of the land through pretending SYM
pathy for the family. He said to me.
Are you on? I said. Yes"
Raffaele said Ruggieri took him over
to First avenue and Tenth street where
he gave him $50 and introduced him to
Marino, the man on trial. and Santo
Cussamano, another of the alleged con-
spirators Raffaele said Ruggieri point
ed him out and said. This is the man
who goes to the house."
"Marino said to me-" he continued,
You say to these people that you are
the man who has come for the money.
Tell them that the child Is all right, and
that after they pay the money they can
look cut the window and see their child. >
Marino then said to me, and / always
remember his last words OF caution,
don't stay too long in the house.
went into the house and knocked at
the Varotta's door, on the second floor.
Mrs. Varotta opened IL. told her what
l had been instructed to say. She
looked every bad She seemed to be In
great fear. She said that neither she
or her husband had any money. and she
gave me letter. saying: Please give
this 70 those men,"