The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-25
In Custody of Counsel.

agreed to permit the matter to go over
until Monday.
In Custody of Counsel.
In the meantime Caruso has been pa
rolled In the custody of his counsel. ca
ruso's counsel today reiterated the an
nouncement made yesterday that an ap-
peal will be taken.
II saw Mr.. Caruso at his hotel today"
said the attorney, land had him sign
an application for an appeal which will
be asked for Immediately of one of the
Judges of the court of general sessions.
1t is for one OF them to sign the paper
and allow or disallow the application for
an appeal
Mr. Caruso felt" continued the law
yer, that Magistrate Baker had treated
him very fairly during the hearing, and
that his character was being fully yindi-
Gated 1t was more than a surprise 10
him when he heard thereoefft had found
him guilty. The verdio4 most terrible
to Caruso, who Is highly sensitive man
and believed that 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 in
troduced for theatrical effect, and to
prejudice the public against the defend
ant.
Said She Was Trying to Flirt.
lIa ont
on the stand in his own defense, de-
clared that the lady was trying to fiirt
with him. The most famous tenor in
the world, being shy, had done nothing
more reprehensible than bow his head
and walk away.
The prosecution sprung a new SEN
sation while Caruso was testifying by
asking him if he had insulted a woman
who was present at performance of
'Parslfal' last winter. The woman,
heavily yelled, was brought into court
and the singer was asked if he had ever
seen her. He said he had not. Another
woman was waiting to face Caruso, but
the magistrate excluded any testimony
that did not relate specifically to the
monkey house incident. 1t was said that
this woman was willing to testify that
the tenor had acted in an indecent man
ner toward her at the horse show last
year.
Scrub Woman Involved.
Meantime the police had promised to
produce Mrs. Hannah Graham, the wom-
an who made the original charge, but
they didn't. They said, in explanation,
that Mrs. Hannah had fled the state be-
cause Of the notoriety given the case.
Some of the newspapers professed TO
ba N of a an nrf-
ment house jantress, who was fat and
more than forty, but not fair. This Mrs.
Hannah was found scrubbing the floors.
She halted long enough to deny that
Caruso had ever acted toward ner in
decently or any other manner in fact,
she had never seen him and was not aax-
ious to see "the dirty Dago." Further
more. and most emphatcally, she was not
frequenter of the monkey house. a
glance at the buxom scrub lady would
refute the charges against Caruso were
she the complainant.
Counsel Uses Gingery Language.
The testimony dragged over two days.
but It was not half as interesting or
gngery as the summing up of counsel.
Counsel for the defense described an
unidentified witness as q strumpct. rhe
prosecutor, not to be outdone. referred, to
the spectators, who, whatever their mo-
tives may have been ana PROBABLY We're,
had legal right to be in court, as "a
lot of ours and dogs and persons with
low bestial instincts" When they got
through throwing mud the magistrate.
after a couple of hours deliberation. rem
dered a decision fning Caruso S1O Under
the law he could have put the most
enamous tenor In the world in the work.
house. Manager Conried of the Metropoli-
tan declared 1t zone damnable outrage"
Caruso wept and swore in Italian and the
lawyers announced that an appeal would
be taken.
Meanwhile Caruso will probably warble
as sweetly as ever. New York has had
nine days tongue wagging sensation.
and the cafes a fresh crop Of rsqLa
jokes.