The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-24
Great Tenor VIII Appeal TO
Higher Court
CHARGE is ANNOYING WOMEN
The Original Monkey House Victim
Falls TO Appear In Court-But
Magistrate Believes Police
mans Story.

New York, November 23.-Enrico Ca
russo. the famous grand opera tenor, was
found guilty today of having annoyed
women at the Geological garden in Cen
tral park. He was fined SO by Magis-
tfate Baker.
Caruso's counsel Immediately announced
that they would appeal. The appeal will
take the form OF writ of certiorari, de
recting a review of the case by the
court of special sessions. Former Judge
Dittenhoefer, for his client will seek to
expedite the appeal because Caruso is
billed to sing at the Metropolitan opera
house Wednesday. Tonight Director Con-
ried declared that the conviction would
not interfere with Caruso's appearance.
In a quiet manner Magistrate Baker en-
dorsed the affidavit, guilty; fine s1o'
and handed 1t to clerk OF the court
He ordered that Fred w. speerling of
counsel for Caruso, be informed of the
decision. There were comparatively few
persons in the court at the time Former
Judge Dittenhoefer expressed surprise
when told the decision was against his
client.
Says They VIII Appeal.
I'VE shall appeal" he said at once.
I'VE consider the decision unjust and
unwarranted by the evidence
'If Caruso was guilty of the conduct
Cain charged him with, but which was
absolutely refuted, he should have been
punished severely; If he. on the other
hand, is innocent, he should not nave
been fined at all.
Signor Caruso said tonight: Il am
panied and amazed at the verdict. After
ALI the evidence had been presented [
a. f0e tad hot g.
charged instantly and honorably. / do not
doubt that the verdict VIII be reversed
on appeal.
Every seat In the Yorkville police court
was occupied when court opened for the
hearing az the charge today. Out in the
street nearly thousand people struggled
unsuccessfully to pass the police line es-
tablished to hold back a CROWD great
bouquet of roses was sent to the singer,
bearing card on which was written'
Take 1t easy whatever you do. From
your friends and the people who know
you.'
subscription for money to buy the
flowers was taken up in the court yes
terday When Caruso stepped from his
cab he was cheered by the crowd There
was no kissing. Within the door of the
court house a messenger presented the
big bunch of roses to the tenor, but on
the advice of Mr.. Conreid he refused to
accept them.
First Witness Called.
The first witness today was A. M. Ma
hon, secretary of the New York American
League baseball club. He was called to
testify concerning Jeremiah Mccarthy,
the man who corroborated the evidence
against Caruso given by Policeman Cain.
Mahon testified that Mccarthy was dis
charged by him.
Judge Dittenhoefer in opening his argu-
ment for the defense, declared that it was
apparent that the case against Caruso
was entirely police-made case. The
whole case depended upon the word of
Hannah Graham, and they had failed to
produce her In the court to give that
word They had had sufficient time and
nearly 1000 men at their beck and call for
ten full days, yet the woman had not
been produced. He scoffed at the idea
that it would have been impossible for
the police to find the woman
"They could have had her here had
they tried" said he, but they dared not
permit her to face cross-examnation,
lest it be seen that she is stool pigeon
In the employ of the police"
He declared that the defense had made
many efforts to find the woman. They
employed men of great detective agencies,
and had searched the city. If the woman
was real, she would have been found
Judge Dittenhoefer said that Caruso was
only one of many victims of the Central
adroitly arranged" said he. "It might
have been designed as a place to blast
regulations of innocent men. All that is
needed Is Cain and a woman to aid
him.
Stamps Policeman as Unworthy.
"Carusos own story" said Judge Dit
tenhoefer, ''can be believed and must
stamp this policeman not only as un-
worthy to retain his position on the police
thty 70 20 fxxr;tI
decent men and women. Why did he not
arrest Caruso when he saw him attempt
TO defile two little school girls, and then
to go his way until he had insulted every
woman In the building? That was the time
10 curb such brute as any man who
would do such a thing must be. But the
time had not come. The mythical Hannah
Graham was not one of those girls"
In closing Judge Dittenhoefer said:
s'If this charge is sustained by the ac-
tion of this court, 1t will mean more to
this defendant than any of us can know.
He will be ostracised and that will mean
personal dishonor and professional fail
ure. This man who has appeared before
kings and queens and princes and poten-
tates, and In the private homes of the best
in this and other lands must go into
seclusion, disgraced and dishonored and
with his great career blasted"
Attacks Caruso savageIy.
Deputy Commissioner Mathot in his
closing argument savagey attacked
Caruso, declaring him to be a man of
misft morals unworthy of being received
In any home. and unfit to associate with
persons in decent society. He warmly de-
Tended the New York police department
and declared that 1t was absurd to charge
as had been charged by the defense. that
81 the case against Caruso was framed up
4 by the police. The real reason Hannah
# Graham did not want to appear as a wit
ness was not because she feared that she
ii would be unable to substantate the
charge, but that she did not want to face
& such a host of perverts as would have
gathered
Such persons now fll this court
ROOM" said the deputy commissioner.
Kisses swept through the room and the
court officer was forced to rap repeatedly
before order was restored. Mr. Mathot
1sclaring the real reason for the allega-