U.S. Magistrate Willie J. Davis Friday released two of the men charged with robbing the Fogg Museum of $2 million worth of rare coins last December.

Davis said that there was not enough evidence that the two men, Louis Mathis of Cambridge and Darl R. Dixon of Jamaica Plain, had participated in a conspiracy to transport stolen goods across state lines.

"There was ample evidence of their participation in the robbery, but the story as told to me in no way indicated they had conspired to transport stolen goods across state lines," Davis said yesterday.

The two men cannot be held in federal custody for armed robbery, which is a state crime. As yet, the state has not charged anyone in connection with the Fogg robbery.

Though the men are now free from custody, they could still be indicted by a federal grand jury if the government decides to seek indictments.

"I'm sure the government has more evidence than was presented on Friday. If not, they were just wasting their time," Davis said.

The two men are not permitted to leave the state.

The Fogg Museum was robbed at night December 2, 1973. One man was admitted by a guard to pick up a package. He then pulled a gun on the guard and admitted several accomplices into the building.

More than 5000 coins were then stolen.

To date nine men have been arrested in connection with the robbery. Four have now been released.

Last October, police in Attleboro, Mass., obtained a confession from Martin G. Reagan, of North Attleboro and East Providence, R.I., who police said had been beaten by unknown assailants who apparently wanted to learn the location of the stolen coins.

Police said Reagan then led them to about 40 per cent of the coins, and implicated six others in the robbery.

The FBI arrested four, including Mathis, November 5, and lodged a detainer against the release of a fifth, who is in prison in Rhode Island.

Dixon turned himself in to Federal marshals the next day.

Two days later, Canadian authorities arrested three men in Montreal, and charged them with smuggling some of the coins into Canada. Two were later released.

Apparently, the man still in custody in Canada is not one of those mentioned by the informant, as the FBI says it is still looking for one suspect.

The November 5 arrests culminated an 11-month investigation by the FBI and state, Cambridge, Attleboro, Abington and Cumberland, R.I., police departments.

David G. Mitten, curator of ancient art at the Fogg, described the recovered coins as "miniature masterpieces of classical art and invaluable assets for teaching and research at Harvard University in many fields involving classical antiquity."