New-York tribune., 1906-11-22
NO CARUS0 ACTION.
CASE AGAIN ADJOURNED.
Examination of Cain Completed
Mrs. Graham Not an Court.

Fnrico C,ar,Iso the tenor. appeared at the York.
vile court yesterday afternoon to answer TO the
charge of disorderly conduct preferred against
him by Patrolman Cain. After a long session the
examination was adjourned until o'clock to-day
Mrs. Hannah Graham. the on whose com
plant Caruso was arrested, and who has euded
the police in their attempts to find her and bring
her into court as a witness did not appear. In
referring the inability of police to find Mrs
Graham. Captain Stephenson. commander of the
Central Park precinct. said yesterday morning:
had a talk over the telephone last night with q
knew Mrs: Graham well He said that she was a
Womd NOT appear in court f6r anybn no { sb does Sas
not want 10 he snapshotted and have her fame
Bur the case against Caruso Is absolutely com:
plenty OF communications in regard 10 the tenor
and some of them may be brought into court
It is believed that among the witnesses 70 be
called in the Of the trial will be several
lawyers practising In the YorkviIle police court
who in the past have defended prisoners arrested
by Pstrolman Cain in Central Park
Caruso came to court in a cab with Heinrich
Conried. arriving promptly at O'Clock. So great
the crowd in the street that Sergeant Bingham
of the court squad and the men detailed TO assist
him had all they could do to keep the people in
check a regiment of photogra piers took snap
shots OF the tenor as he stepped out of the cab.
The dingy old courtroom crowded that
the tenor and mis- manager had a hard time push
ing their way through from the back of the room
the space inside the rail Waiting for them were
ex-Judge Dittenhoefer and Frederick ". Sperling,
Csrusos lawyers. Among the friends Of Caruso in
the courtroom were Mario scott the barytone;
Count Cacconi and Count Dante del Papa
Patrolnan Cain, who called the first wit
ness was early in court Il understand they
trying TO frame something up against me- he said
But my record in the case is clear, and have
nothing to be afraid Of"
When Court Officer Cavanaugh called Caruso 70
the bar the tenor was apparently Ill at ease. Cain
in y-O ar yhnaa n-r7-
side OF the rail heard practically none of it
Cain testified that he had first the tenor
entering the monkey house with two women and
g man and that he seemed 10 be annoying the
women. Then he said he noticed MIN at the snake
cage at the end of the monkey house. facing the
Arsenal. where he said he saw the singer approach
TWO girls one about twelve years old and the other
about fourteen. Judge Dittenhoefer here objected
10 the injection OF evidence into trial which did
not nave TO do with the complaint of Mrs. Hannah
6 Graham. bur Magistrate Baker refused TO sus-
Cal. Cain ven went on 70 say that the children moved
pressed between two white women and a Negro
woman: Later Cain said. Caruso made his way 70
%sra g1Ing hack f 70 the TWO little girls who
Then the woman VINO gave her name as Hannah
:~5Taham ~ entered the house, continued Cain.
She made move forward. throwing up both hands
ana struck Caruso square in the chest like this"
who recoiled slightly with faint smile as he got
AS the woman struck him she called him a beast
and loafer." said Cain Then I got up and az
rested Caruso."
Judge Dittenhoefer made Cain go over the entire
story: and asked him why he had not arrested the
singer for insulting the and the two little
girls. Cain said ne wished 70 get as much evidence
against the could He declared thar
Caruso spoke TO him in English which was per
fecty fntelligible.
Judge Dfttenhoefer said that he was entitled 10
have Mrs, Graham in court 10 cross-exanine her
and reiterated his statement that he was taken by
surprise to find that the complaint included other
offences than the one charged by Mrs. Graham.
jeremiah Mccarthy, Of No 1157 Second avenue was
called as witness by Deputy Commissioner Mathot
20 substanriate the story told by Cain. Sergeant
McGtrr, Of the Arsenal police station. and Captain
Stephenson were also called and corroborated
Gains sta ternents.
Caruso's testimony in his own behalf was OBJ
tanned through the Official interpreter OF the court
The tenor was extremely nervous. He said:
did nothing wrong and was not standing near
enough 70 any touch her. If did. /:
was entirely unintenuonal 7 did touch the
girls referred by the police, and in the evi-
dence which he has given I want TO deny every
thing.
He said that he had not been arrested inside the
monkey house. Cain testified, bur outside He
admitted. however, that he had noticed the woman
referred TO Mrs Graham.
It IS understood that Sergeant Adam G. Arneuth.
of the Arsenal station will be called later as 6
witness for the prosecution. He is expected
Jfy the alleged election Of Caruso from the bird
house IN Central Park on December II. 1906 for
acting in disordeTly manner.