The Washington herald., 1906-11-24

New York, Nov. 23.-Errico Caruso, the
Metropolitan Opera House tenor. was
found guilty by Magistrate Baker, in the
YorkviIle Rp'ioe Court. today. on the
charge % annoying women In the Central
Park Zoo, and was fined $50 He will
either refuse 10 hard the money over OF
pay under protest and appeal from the
decision 20 the Court OF General Sessions.
The fine was the maximum provided FOR
a dis0rderiy conduct case. the technical
charge made against Caruso, but IL
would have been possible for Magistrate
Baker TO imposed a penalty Of six months
in the woIkhouse
IN finding the world-fame5 tenor
guilty Of the offense charged by De
tective J. J. Cain. the magistrate deliver
ed hard blow 20 Caruso and his man
ager. Director Heinrich Conried. Caruso
was completely unnerved and so upset
that he refused 90 see interviewers.
Former Judge Dittenhoefer. the singers
counsel. was greatly surprised when the
judgment was telephoued to him. but an
nounCed forthwith that an appeal would
be taken. This means that the record Of
the hearing VIII be presented 10 the
Court Of Special Sessions This can be
accomplished within a comparatively
brief time. and owing 20 the notoriety Of
the case may be disposed Of within a
week or ten days.
Outrage says singers Counsel.
Mr. Dittenhoefer said: of course. We
will appeal. II the fine had been only s
cents. it would have made no difference.
The magistrate should have dismissed
the case on the plain, uncontroverted evi-
dence II Caruso was guilty Of the con-
duct imputed by Cain in his testimony.
but which was absolutely refuted, he
should have been punished severely. If
he is innocent, ne should not have been
rned at all
The nonproduction Of Hannah Graham m.
who Cain charges was ilsulted by Ca
russo. and the nonproduction of any OF
the other women in the monkey house,
stamps the case with so much suspicion
that he should have been discharged
on that fact alone. We have never heard
0f a case in which a committing magis-
trate would decide against the defendant
when the party who. il IS alleged, was
injured I'D not go on stand.
The notice of appeal viii be given to-
morrow or on Monday Pending final de-
cision Caruso viii remain under the $500
bonds which were put up by Herr Con-
ried after his arrest.
Caruso Is Panied.
Neither Caruso nor any Of his counsel
was in the courtroom when the magis-
trate'S finding was announced at { o'clock
this afternoon. and none put in an appear
ance In disorderly conduct cases 1t is
not necessary for the prisoner TO appear
at the bar when the findings Of the court
are announced. CarUsO received the news
in his apartments in the Savoy Hotel
Herr Conried and several of his closest
friends were with him. He refused to see
the newspaper men, but sent out this
statement:
Il am greatly PANIED and surprised by
the verdict. After the evidence was pro-
duced i'm full l had taken IL for granted
that I would be discharged instantly and
honorabIy / have no doubt that the YER
dict viii be reversed on the appeal
Herr Conried made this statement: Il
have nothing to say except that I concur
entirely in all that Signor C@ruso's couil-
sci says. J have not even -~ltemplated
any change In the arrans s->ments at the
opera house as a consequence Of the yer
diet Nothing less than the absolute dis
ability of CarusO to sing will prevent his
appearing as announced as ROdOlfo IN
Ia Boheme' on next Wednesday night.
Announcement was made in the court