Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-11-24
CARUSO IS FOUND GUILTY
Italian Tenor Convicted of Insulting
Y an in New York Park
-. aeYs WILL TAKE AN APPEAL
= oh Graham Fails 90 Appear I'm
1Ourt-POIice say There Arel Many
Similar Cases Every
week.

NEW YORK, Nov. 23.-Enrlco Caruso, the
famous grand opera tenor was found
guilty today of having annoyed women
at the geological gardens in Central park.
He was fined so by Magistrate Baker.
Carsuo's counsel Immediately announced
that they would appeal. The appeal viii
take the form Of writ of certiorarl, d.
recting a review of the case by tho court
Of special sessions.
Former Judge Dittenhoefcr, for his client,
win seek to expedite the appeal because
Caruso Is billed to sing at the Metropolitan
opera house next Wednesday. Tonight d.
rector Conried declared that the conviction
will not interfere with Cerusos appear
ance.
When asked if he would write an eK-
tended opinion, Magistrate Baker said:
MY verdict is confined to just three
words Guilty. Fine $40. a."
Caruso's Counsel VIII Appeal.
Former Judge Dittenhoefer expressed
surprise when told the decision was against
his client.
1--WE shall appeal he said. "at once
We consider the decision unjust and un-
warranted by the evidence.
IF Caruso was guilty Of the conduct
Cain in his testimony charged him with
but which was absolutely refuted, he
should have been punished severely. II
he, on the other hand. is innocent he
should not have been fined at all.
"Tho nonappearance Of Hannah Graham,
tho woman who Cain said was insulted
| by Caruso, in itself stamps the case with
so much suspicion that it should have
been dismissed on that alone"
| Mr.. Caruso said tonight: 81 am natur-
/ ally panied and amazed at the verdict.
| After all the evidence had been presented
/ In court took 1t for granted that ! would
| be discharged instantly and honorably. 1
do not doubt that the verdict will be re-
versed on appeal"
/ hitter Speeches by Counsel.
| The hearing, which occupied all the fore
noon was marked by the introduction OF
a new accusation, implied in questions put
! by Deputy Commissioner Mathot. that
Caruso had insulted woman in her auto
mobile on Fifth avenue eleven months ago
The court ruled that tho defendant need
not answer questions relating to this.
Summing up speeches, marked by strong
Language. we're made by former Judge
Dittenhoefer who hinted at police black
mail and attempted extortion, and by
Deputy Commissioner Nathot who con-
cluded:
II am here on behalf of women. our
wives and daughters TO ask you If these
wanderers and sexual perverts shall be
ipermitted to use our public highways and
! the parks for the prosecution Of thch
bestial performances"
Kisses greeted Mr.. Mathot when he de-
ciared that among the crowd in the oourt
room. were nen who are ''perverts and
that Mrs. Hannah Graham. the origina
complainant. could not be blamed for be
ing unwilling 20 appear before such gath
ering,
Because doubt had been raised as TO thS
correctness of n diagram submitted to th'
court Magistrate Baker during recess Wis
tied the monkey house In the park.
He looked over the place and noted th'
location of the cage In front of which Po
uceman Cain swore Caruso annoyed tn
Graham woman, and the glass-inciosed Gag
in which the snakes are kept where tn
girls are alieged to have been insulted. HI
also stood in the position described by
Cain Caruso and other witnesses.
Case Decided on Evidence.
After he had rendered his decision. Mag
istrate Baker said: Il decided the case oi
It's merits. Nothing guided me but the ev
idence. The position OF the defendant Gu
no figure. handled it as would any ordi
nary disorderly conduct charge. I am per
fectly willing that they should appeal oi
the evidence"
Deputy Police Commissioner Mathot to
night expressed no surprise that nomina
fine of SO only had been imposed He said
''The conviction is the thing that inter
ests US. was satisfied from the start tina
the policeman was right have spent muc
time in Central park trying to get some o
these fellows. We have other complaint
against men like Caruso. Some of ther
are a great deal more important tina
Caruso. The records will show that fiftee
10 twenty arrests OF this kind are mad
every week in Central park. The depart
ment did not care particularly about Cal
uso, but it is going TO try and put an en-
TO tho insulting Of women by fashionabl
dressed men in Central park"