The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-24

the ~neiehborhood OF Thhty-sixth street
and Fifth avenue On the Sunday afternoon
after last Thankslv ving?" asked Deputy
Mathot OF the deter DAM.
No" replied Caruso,
Are you prepared TO say that you were
not at the reception
NO"
'-n vor recall having left the reception
at about 5:i5 O'Clock and having beep in
yitcd by a lady there I'D step into her auto
mobile and she would drive you to your
hotcl?"
Il object. " shouted Dittenhoerer, n the
Magistrate sustained him.
"Do you recall" continued Mathot. that
you accepted the invitation and thai while
on the way up Fifth avenue opposite the
Union League Club, you were charged with
an attempt to take liberties wi,h the lady?
DO you recall that a mounted policeman
CANT up and that you we're allowed TO leave
the automobile after the woman had re-
fused to make a charge against you?'
Again Caruso's Dunsel protested, but the
Deputy Commissio ner arRlted that he had
the mounted policeman in court and be
wanted to introduce his tests mony 40 as to
impeaoh the tenoT's statement that he had
never been accused Of m lsconduct with
women before. The Mag tstrate refused
10 dtllIll luG dlNB'h ~ h"'hoNh'
and Dittenhoeter accused the Deputy Com
missioner of bringing IL up merely for the
- purpose of getting 1t into the newspapers.
This finished the taking of testimony in the
case.
The Deputy Comrr~ tssioner made this
statement in regard to ins request on Thurs
day for an adjourDme Ell on the ground that
he believed he would De able TO produce
in court Mrs. Hannah X. GRAHAM. the
woman AT whose inssnce Caruso was ar
rested:
II want to say that ! based my request
on information which | believed 80 be
authentic. 1 expected TO have the woman
in court this morning, DlIt | have received
reliable information that she has left the
jurisdiction OF this State by reason of the
notoriety connected with this case; thar she
has been asked To attend the hearing ana
has refused. Since shr Is out OF the state
I have not been able to reach her with a
process"
The Deputy Commissioner aided that his
information was that Mrs. Graham" was
not more than forty miles from New York
city.
Judge Dutenhoefer interrupted with, Il
don't believe she has left the jurisdiction
Of the state. and | don't belieV any, such
woman ever exist ri except a. "A
OF Cain
Ex-Ju1Ce D~ttenhoefer in summing up
for CarnRo declared that the whole pro-
ceedipg against the tenor was "A police made
case. The remarkable thing about IL, in
the OPINION oil ' N' JllKt, war Nnt III vi
the police to produce Hannah Graham or
any other woman supposed to be concerned
in any of the I7onkey house Incidents.
There was no EXCISE for this failure, Dit
tenhoefer declared. The police had had
a week or ten DAYS TO ind her.
EITHER" said ne. mo such incident
ever occurred or if the woman was pro-
duced il would be found that she was a
stool pigeon in the employ or under the
control Of Cain
Judge D~ittenhoefer said that Caruso
had tried to find her through the Pinkerton
and other detective agencies and had
failed, but that was no excuse FOR the
Police Department with its thousands oil
men, Judge DitCenhoefer described in a
hypothetical case he ease with which a
man with a family, a wife and daughter
for instance, could be held up in the monkey
house. T. was only a question of the
presence Of a Cain and a confederate Cain
could, the Judge said, easily advise the
accused man to go 20 some lawyer, and it
would be a little matter for this lawyer TO
collect a fee of $500 or 81 900.
That III only an evolution OF a diseased
lima gination," remarked the Deputy COM
Its what New York people know Of
your poIiCe!" shouted Dittenhoefer. I'm
not saying anything but what New York
knows, he added.
Judge Dittenhoefer went on to explain
then row an attempt had probably been
made 10 hold up Caruso.
when Cain arrested Caruso, =" said Often
hoefer, she did not know that the man in
his custody was Caruso. and he didn't
know, either, that this man couldn't speak
English"
Il was in this circumstance that Caruso
couldn't speak English and also because
he didn't understand police ways that
Dittenhoefer attributed the failur of the
arrest to accomplish it's alleged object.
IL Caruso had known what IL meant he
would, D~ittenhoefer declared. have cried
- -. H. L-AsAas.I -
For Gods sake, what can I do to get rid of
this charge
IL was after the discovery was made that
Caruso couldn't speak English that he was,
according to his counsel, taken 10 the police
station.
Judge Dittenhoefer asserted that the
evidence that Caruso was in the monkey
house only six or seven minutes, as es-
tablished by the defence, was uncOntro-
verted except by the testimony OF Police
man Cain, who swore that he was in the
building between fifty and sixty minutes.
Dittenhoefer called attention TO the fact
that the testimony OF the witnesses for the
defence was unimpeached. That alone. "
said he, STAMPS the Cain testimony as
wickedly, atrociously false Judge Dit
tenhoefer wanted 10 know whether it was
credible that Caruso would have annoyed
two women in the company Of a man, as Cain
asserted he had. Would Caruso have
beer foolish enough to take the risk Of hav-
ing his head blow of by the gentleman
asked Dittenhoefef.
In regard to CAIN allegations that Ca
russo had annoyed two young girls Often
hoefer said:
eff Cain told the truth he "a W that CaTuso
was inclined and trying to make improper
suggestions. What a brute he must have
been to allow him to go to the two little
girls in short dresses and pollute theml
IF IL is true he ought not only be thrown out
of the Police Department but ostracized
from decent society. No police reason, no
attempt to get anybody good justified
him in allowing Caruso to attempt to poIute
schoolgirls. But he not only doesn't in
~terfere, but according to his testimony be
allows Caruso to go a second time TO them
To polIute and contaminate them. | want
to do Cain iustice-it is the only thing
viii say in his favor-but | don't believe
il he had ever seen Carlso do what he said
he saw him do he would nave allowed him
20 go up to these two girls"
Dittenhoefer wanted TO know further
why If Hannah Graham was n respectable
woman and was indignant enough To strike
Cnruso she should have given a fictitious
. name to the sergcants at both station
houses where she appeared Then, said
D~ittenhocfer, there was no notoriety corr
nected with the case. Caruso's counsel said
he knew that Policeman Cain knew a Mary