The Washington herald., 1906-11-27
CARUSO FINE UNPAID
TenOr'S Counsel Files Appeal
and Defies Magistrate.
DEATH THREAT FOR MATHoT
Deputy Police Commissioner Ignores
Letters, and No Internal Machines
Are Rec lived by Him-Refuses to
Give Names of Prominent Men
Charged with similar Offenses.

New York, Nov. 25.-Claiming error and
misjudgment In the trial Of Enrico
Caruso. the worlds first tenor, whom
Magistrate Baker fined SO last week for
insulting a woman in the Central Park
monkey house, former Judge DittenhOefer,
Caruso's counsel, to-day made application
for and obtained leave TO file an appeal
from the magistrates judgment I'm the
Court of General Sessions. Judge O'Sul-
livan granted the leave, and indorsed the
writ to the court: Upon giving bail.
judgment is stayed"
CarusOs counsel decided to-day not to
pay the SO fine, which they had agreed to
pay over this moning, lest right of appeal
be thereby forfeited. Judge O'Sullivan's s
writ did not reach the court until this
afternoon. when Carus0's junior counsel
fled 1t with notice Of appeal at the clerk $
Office. The latter informed the lawyer
that he had been trying TO get Magistrate
Baker, who IS not sitting this week, by
phone. In order to have an attachment
and warrant issued to lock UP the tenor,
his fine not having been paid promptly
according to stipulation. Only Magistrate
Bakers absence from court, the clerk
said, had prevented Caruso's further
humiliation
Want Baker Disqualified.
Counsel are going TO argue for Caruso
that Maistrate Bakers visit TO the
monkey house the day he announced
judgment. unaccompained by a repre-
sentative Of the defendant, made the
magistrate a witness in a case he was
deciding himself and disqualified him to
render judgment
The district attorney and the repre-
sentative Of the police department viii
respond by stating that IL is a weIl-known
practice, uncondemned by the higher
tribunals, for police magistrates 10 find
defendant solely on the information the
magistrate has himself gained by per-
sonal experience or observation. Caruso's
lawyers viii have a lot Of other excep-
tions 20 argue 20 the way the trial was
conducted
IN the city chamberlain's Office Caruso
deposited 800 10 cover the appeal The
police court lawyers say that the pro
j
and there may be much legal squabbling.
The prosecution has ten DAYS 10 answer
the appeal and the appellant has ten
days more for his answer. The argument
may be held not later than twenty DAYS
hence.
Deputy Police Commissioner Mathot
scorns the alleged threats Of bodily harm
he mas received. Asked late to-day If ne
had received any Of the promised ir-
fernal machines, he replied: Il don't fear
them. OF course, have received none.
Anyhow ] have TO die some time"
Refuses to Give Names.
The deputy commissioner was pressed
this evening for the particulars about
the cases Of doctors. lawyers. ministers
musicians, merchants. and others who
have been caught by the police. he says.
committing Caruso's alleged offense. He
refused all names, declaring that the po-
lice records were by custom not 10 be
published where regulations might be
ruined, but he said in all the cases con
victions had been obtained the police
never having made Idle charges IN such
grave cases He was particularly pressed
for the name of the Y NJ c. A secretary
who Is said 10 have been one Of the
offenders, but he steadfastly refused the
information
The Metropolitan Opera House people
insist that CaTusO will sing according tC
schedule. He was at the opera house to-
day for a rehearsal OF II Trovatore, ID
but his throat was little ragged, and
the manager decided he did not need any
rehearsing. but did need 10 rest his
larynx