The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-13
CARUSO APPEAL HEARD.
Mr. D~ittenhOefer Contends Before RE-
corder Coz That Conviction was Improper.

~ Hs-
corder COZ That Conviction was Improper.
The argument on the appeal Of Enrico
Caruso from his conviction by Magistrate
Baker for disorderly conduct in the monkey
house in Central Park was heard yesterday
by Recorder Gof. Briefs will be submitted
by ex-Judge ~Dittenhoefer. oounsel for
Cariso, and Assistant District Attorney
Taylor, in charge OF Mr.. Jerome's appeal
bureau. and Recorder Gof will probably
end his decision next week.
Mr.. Dittenhoefer contended that Magis-
trate Baker did not have jurisdiction, that
he should not have convicted or fined Caruso
$40, but held him for trial in Special Sessions
if he felt he was guilty and that the weight
of evidence did not warrant a conviction.
In one breath he pictured Hannah Graham,
the woman whom Caruso was charged with
insulting. as a myth and in the next he
described her as a confederate of Policeman
Cain, who arrested Caruso.
Judge D~ittenhoefer pointed out that in
addition TO insulting Mrs. Graham, who
didn't appear in court, Caruso was charged
with having acted improperly toward two
women who were with a man, two school
girls and two other women who were with
a negress. Cain said that Caruso was in
| the monkey house nearly an hour, but two
witnesses for Caruso had testified that he
couldn't have been there more than ten or
twelve minutes.
~Caruso was at the Savoy Hotel at 4:Io
! o'clock" said Mr.. D~ittenhoefer, -and the
police say he entered the monkey house at
fifteen or ten minutes TO 4. Now, II
| Cariso was only in the monkey house ten
of twelve minutes, and there are reputable
witnesses to that effect, how could he have
lone all these things which Cain has de-
scribedp"
Judge Dittenhoefer asked if such a charge
against q respectable man was to he tole-
rated on the unsupported word OF a police
man. II that was the case, he said, few
men would be safe.
sSome men with nerve might stand up
against it," said Mr.. D~ittenhoefer, and
fight il. But a man with a wife and daugh-
tiers would hesitate, and hesitate long. before
he would do So
Mr.. TAYLOR first said that there was no
trate. He added:
There are hundreds of cases for petty
breaches OF the peace where men are con
Victed on the unsupported testimony OF q
policeman. We ave had a number OF cases
before the Appellate Division, automobile
cases, for instance, against Commodore
Bourne. an eminent citizen OF this com
munity, and Il. r. Thomas, and in those
cases the convictions were affirmed on the
testimony of a policeman. In looking owe
the testimony | find that almost every
thing was in favor Of Caruso. No error
Of law are referred to.
1T is admitted that the policeman didn'
know Caruso. II he had known him n
probably would not have arrested him.
know I wouldn't nave II | had been in hi
place. / would have violated my oath o
office. for rather than have this appalling
scandal spread to every continent l woult
pave considered my duty o the community.
Mr.. Taylor concluded by saying that i
was not a question Of Caruso and the fine
but the case Of the people against Magis
trate Baker; whether he violated ever,
propriety and convicted against the weigh
Of evidence.
Caruso was not in court.