Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-24
Special Cablegram to The Star.

special Cablegram to The Star.
ROME, November 24-The public ara In
dlgnant over the conviction of and sentence
upon Caruso. The action of the authorities
is unfavorably commented upon. and the
cases OF Mascagni and Biondi are recalled
The conclusion is drawn that artists who
go TO America are purposely DISCOURAGED
The sympathy which the people of New
YORK nave shown for Caruso is appreciated
out disappointment is felt that no influence
was used to secure his acquittal Every
body here is convinced that Caruso is
| innocent and it is hoped that the fine will
be RENTED.
Fine Not Paid.
NEW YORK, November 24-The ten
dollar fine imposed upon Enrico Caruso
the famous Italian opera singer In the
Yorkvie police court yesterday after he
had been declared guilty of annoying women
in the monkey house at Central Park, was
not presented today. One of his attorneys
had gone to court with the intention of
paying the fine under protest and the
money was about to be passed across the
clerks desk. when Caruso's senior counsel
rushed into the court room and brought
the proceeding to halt. A consultation
between counsel and the court followed and
1t was agreed to permit the matter to go
over until Monday. In the meantime Ca
his counsel.
Caruso's counsel today reiterated the
announcement made yesterday that an ap-
peal will be taken.
81 saw Mr.. Caruso at his hotel today"
said the attorney land had him sign
application for an appeal, which will be
asked for Immediately, of one of the judges
of the court of general sessions. 1t IL for
one of them to sign the paper and allow
or disallow the application for an appeal"
Thought Baker Fair.
"Mr. Caruso felt" continued the lawyer,
"that Magistrate Baker had treated him
very fair during the hearing and that his
character was being fully indicated. 1t
was more than a surprise to him when he
heard that the court found him guilty. The
shock was most terrible to Caruso, who is
highly sensitive man, particularly as he
had firmly believed the testimony clearly
exonerated him.
Dissatisfaction was also expressed by the
attorney with the manner In which Deputy
Police Commissioner Mathot had insisted
on the introduction of evidence which the
counsel for Caruso claimed was not proper
matter to come before the court, and which,
he said, was introduced for theatrical eff
feet and to prejudice the public against the
defendant.
1t is expected that the appeal in the Ca
russo case will be argued next Monday. His
counsel today asked for full transcript of
the police court proceedings for use in con-
nection with the appeal.
Paroled in Custody.
general sessions Judge has a right to
review the testimony taken at the trial and
reverse or modify Magistrate Bakers de-
cis!on. Should the general sessions judge
confirm Magistrate Bakers finding Caruso's
lawyers are at liberty, If they desire. to
carry the appeal to the appellate division
Of the supreme court.
Caruso has been paroled in the custody
of his counsel until Monday. If the order
for a review of the testimony is not grant,
ed by that time and Caruso does not pay
his fine he can be committed to the city
prison.
If the order is granted the testimony
taken at the police court hearing will be
reviewed by one Of the general sessions
judges. No new evidence can be submitted
either by the prosecution or the defense.
The Judge of general sessions will simply
go over the testimony which was admitted
by Magistrate Baker and determine whether
the magistrates decision was in accord
with the weight Of that evidence.