The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-11-26
VERDICT IN ETTOR
CASE REPORTED TO
HAVE BEEN REACHED
Judge Refuses to Hear Re-
port Until This Morn
ing, However
THE CHARf I" TO JURY
FAvORS sFENDANTS
s
Neither Ettor 9 Z Giovannitti Can Be
Fa."s S9of Murder in the
First . ree-caruso Is
a . Exempted

Salem, Mass, November 25.-The fate
of Joseph j. Ettor. Arturo Giovannittl
and Joseph Caruso. charged with re-
sponsibility- for the murder OF Anna
Lopizzo in a strike riot at Lawrence
last winter. is reported tonight to have
been determined by the jury which
tried them, but the verdict will not bo
known until tomorrow.
Less than an hour after Judge Joseph
Quinn had left the courthouse at 500
o'clock tonight with the announcement
that he would not receive a verdicr
until tomorrow. the jurors filed from
their room and went TO their hotel for
supper.
After supper they retired to their
rooms and the report spread quickly
that verdict had been reached. Judge
Quinn, it was declared, had been in
formed of the report but did not alter
his decision not to accept the findings
OF the jury tonight. When the jury
left the courthouse ii had been delib-
Grating five hours.
Officers of the court. attorneys in
terested in the case and anxious friends
of the accused remained about the
courthouse until a late hour, but their
hopes for a reception OF verdict were
unrewarded. Scores of rumors as to
the nature of the finding were circu-
lated These embraced every possible
form.
May Open Court Early
Late tonight 1t was rumored that
Judge Quinn might open court at an
unusually early hour tomorrow to re-
ceive the report OF the jury, IL an
agreement actually has been reached.
That the court might receive the jurors
as early as z o'clock WAS said TO be
probable, though Judge Quinn fixed the
hour for opening court at s o'clock
When the report of the jury having
reached an agreement was spread, Dis
trict Attorney Attwill had gone to his
home in Lynn. Some of the defend
ants attorneys also had left for their
homes in nearby towns. Fred ii. Moore
aud j. p. s. Hahoney, OF counsel for
the Defense were here, however, ready
to appear II court were convened.
The case was given to the jury after
Judge Quinn had delivered q lengthy
charge in which he gave the instruc-
tion that neither Ettor nor Giovannitti
could be found guilty of murder in the
first degree.
''The evidence relating to these two
defendants" said the court does not
warrant conviction for murder in the
first degree because 1t is not contended
that either of them premeditated the death
of anyone.
Caruso May Go TO Electric Chair
For Caruso, however the instructions
did not preclude the electric chair. Should
the jury find him guilty of particpa-
ton in the fatal riot the court charged,
It might find him guilty of murder In the
first or second degree. A hopeful instruc-
tion for this prisoner, however, was that
the jury, in order to adjudge him guilty
of first degree murder. must be satisfied
that lie or his confederates acting with
him premeditated taking human life.
The Instructions also eliminated the
possibility of verdict for nansiaughter
against any of the defendants. The very
nature of the indictment precluded such
a verdict, the court asserted. Ettor and
Giovannitti must be found guilty of muir
der in the second degree or acquitted.
Hundreds OF friends and sympathizers
of the defendants were in Salem today,
walking the street near the courthouse
until long after dark. One man. who
refused to move from the courthouse
entrance when ordered away by rhe po-
lice, was locked up on the charge OF
OuStructing the SlueWdiks MS arrest uIu
not appear to anger. the crowd and there
was no demonstration when the prisoner
was taken away.
Extra Precautions Taken
Throughout the day. and night how
over, the streets near the courthouse
were patroiied and reserve force was
held on duty
Squads of mill workers walked back
and forth in front of the courthouse for
hours watching the windows of an upper
room where the jurors were deliberatins
Frequently members of the jury could be
seen near the windows
The prisoners we're taken from the
courthouse to the Jail as soon as he
jury retired. Giovannitti just before he
left was handed a cablegram from his
mother in Italy, a message OF cheer
and mothers blessing When he had
read 1t he showed 1t to Ettor and then
to their attorneys.
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