The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-25
CARUSO MAYBE WON'T SING.
DTPPEL PREPARING TO TAKE
HIS ROLE WEDNESDAY NIGHT.
ronrIed says Only Physical Disability VIII
Prevent the Italian Fen r Ap-
pesrins -Pisns Made 20 Appeal Case
the Monk Breaks Down.

Prevent the Italian Tenor Rrom APP
pesrins -Pisns Made Q Appeal Case
-KnockO the Monk Breaks Down
Herr Conried, manager OF the Metro
poItan Opera House. reiterated yesterday
his assertion hat only the physical dis
ability OF Enrico Caruso, the tenor who
vas found guilty OF annoying women.
would prevent his appearing as RaSolfo in
la Boheme" on Wednesday night.
The tenor's voice Is really in a bad condition
as the result OF his frequent and lengthy
appearances in the Yorisville police court,
and it was ~nnounce that ne is greatly In
peed OF a rest. He is not confined to his
room, but is under the care OF q specialist.
Andreas Dippci, one OF Herr Conried's
tenors. has been instructed to prepare
himself to sing Rudotfo, but It was denied
At the Offices Of the Metropolitan Opera
House yesterday that any significance 10
to be attached to that. 1t was only natural,
il was said, that there should be an under
study for every important part.
Nine. sembrich and Miss Bella Alien are
scheduled to sing with Caruso in l.
Scheme on Wednesday night. the former
a. Mimi. There were all sorts OF stories
aioat yesterday as TO what might be the
attitude Of some Of Herr Conried's prima
ionnas toward the proposition OF appear
jnG with Caruso, but all reports that there
had been any objections were emphatioally
denied at the Offices OF the Metropolitan
Opera House.
Director Conried prepared a round robin
Yesterday which he has submitted to many
Of the leading women artists in the COM
pany for hem TO sign and thus testify TO
the good character Of Caruso.
Mr.. Conried intends to submit this round
robin to ell OF the leading women who will
appear a. the Metropolitan this season
and to many that have appeared with
Caruso in past seasons. The round robin
will be used as evidence when Caruso's
Ease G ONES up for a heavpg on appeal and
It is said that Director CShried will perhaps
make the list Of signers public before the
case comes up again.
C~aruso's counsel will apply on Monday
20 a Judge of General Sessions for an order
granting an appeal from Magistrate Bakers
decision. In the event of the Magistrates
decision being sustained in the Court OF
General Sessions the case could be carried
70 the Appellate Division OF the Supreme
Court.
The application for an appeal will be in
the form Of an affidavit by the defendant
which will set up the iusufioiency Of the
evidence taken in the Magistrates court.
u will remain with the Judge 20 whom the
application is made to say whether he be-
lieves the cafe merits an appeal. but there
is little doubt that IL VIII be granted. The
proceedings in General Sessions will consist
merely OF a review OF the record OF the case
m the Magistrates court. Carlso's ooun-
sci think that IL will be three weeks or a
month before a decision on appeal Is OBJ
aimed.
Carnso's lawyers will pay tomorrow
under protest the SO fine which Magistrate
Baker imposed. y. W.. Sperling. one Of the
;enor's legal representatives, appeared in
The Yorkville. police court early yesterday
morning with a ten dollar note In his hand.
Ne wanted to know what action would be
'aken, II Caruso did not appear in court,
either in person or through his counsel,
9nd pay the fine. The Magistrate told him
a warrant would be issued for the tenor's
.rrest. II the Tenor still refused II would
mean ten days in the city prison. Sporting
vas lust about to hand the $40 to the clerk
chen ey-Judge Dittenhoefer, Caruso's lead
tre counsel. came rushing in all out Of
lrelth.
Hold on a moment he shouted. I'm
not sure but that il we pay this fine we lose
the right 10 appeal"
Judge D~ittenhoefer had a talk with Mag
.strate Baker. He told the Magistrate that
ne had his papers all drawn up for an appeal
md he wanted, II possible, to save his
client from the humiliation Of being ar
rpsted again. He requested that the pay
,ng Of the fine be postponed until Monday
morning, when he would be in a position
10 know definitely whether IL would affect
the chance for an appeal. The Magistrate
consented, paroling Caruso In the custody
81 his counsel.
Judge D~ittenhoefer will probably an
nounce on Monday an additional court nc
lion which be has decided TO a x In an
efort to clear Carusois name. Mr.. Often
hoefer refused yesterday to say what the
nature Of this action would be. The only
other action which seems probable would
he one directed against the police.
The feeling among CNruso's friends and
others who attended Fridays hearing In the
Yorkville police court is strong against
Deputy Police Commissioner Mathot- Sew
oral men who were present In the court
room when Mathot called the audiences
dogs, curs ana perVerts oeciareu yosVeS-
day that il II had been in any other place.
even a church, they would have told Mathot
20 his face what they thought OF him. Some
IL these men declared further that II they
ever met the Deputy Commissioners on the
street they would go out OF the way to re
iieve their minds on this score.
A letter written by a Rochester business
nan came into the hands Of Herr Conried
yesterday. This mar told OF a visit which
re had made TO the Central Park ZOO and oil
bis attention being called to a a anc
woman conversing In the monkey house
He said the woman became indignant and
that the man offered to apologize. when 9
policeman stepped up and interfered. The
Rochester man adds that he saw the thres
walk on toward the Arsenal n that 1t ap'
pesred 70 him that the policeman was try
ing to have the man make some kind OF 9
settlement with the woman. He says thai
,ha nnlinarnan told him that the man hac