Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1912-11-26
Judge Declines to Return and
Hear Report Of Jury Which
Was CHARGED with Deter
mining Guilt or Innocence,
ICARUS0 ONLY MAY GO
TO ELECTRIC CHAIR
Ettor and Giovannitti Can be
Convicted in Second Degree,
Though They Asked for
Death or AcQuIttaI,

tiy Morning journal special Leased Wlre)
salem, Mass, NoV 25-~The fate
OF Joseph EttOr. Arturo GioVannit,i
and Joseph caruso. charged with re-
sponsiblity for the murder of Anna
LoplzHo IN Il strike riot at Lawrence
last winter, was reported tonight 10
have been determined hy the jury
which tried them. but the verdict viii
not he known until tomorrow.
Though the jury. which for SIX
weeks had listened To the evidence,
retired at i2:43 O'Clock this afternoon.
no verdict had been reached at =
O'Clock, when Judge Quinn went to
his home. The judge announced that
he would not return during the night
either to receive n verdict or In re-
sponse to request for further in
structlons.
An hour after Judge Quinn went
home the jury left the celebrating
room and 1t was reported they had
agreed upon a verdict While the
Jurors were at supper Clerk George
went to the home OF Judge Quinn and
II was reported "A verdict might be re-
turned tonight
The case was given to the jury nf
ter Judge Quinn had delivered Il Ions
charge IN which he gave the instruc-
ton that neither Ettor or Giovannitu
could be found guilty of murder In the
first degree.
"The evidence relating to these two
defendants" said the court, doesn't
warrant continuation for murder In
the first degree because II ~ not con-
tended that either premediated the
death of any one.
Shortly before Z o'clock the Jurors
were marched under guard OF six de.
putiea to their nutcls II was stated
that they were only going to supper
but the report spread later that an
agreement had been reached.
The prisoners were taken from the
court house To the ial as soon as the
nudge retired Giovannitti Just before
he left, was handed n cdbeRrnm from
his mother In Italy, a message OF
cheer and a mothers blessing When
he had read IT, he showed II to Ettor
and then to their attorney.
For Caruso the instructions did not
preclude the electric chair. should
the Jury find him guilty OF participa-
tion in the fatal riot the court charged
II might find him guilty Of murder IN
the first or second degree.
A hopeful instruction for this prs-
oner however WAS that the Jury in
order to adiudge him guilty OF first
degree murder must be SATISFIED thnt
he or his confcdcrates acting win
him, premedltated taking Of human
life.
The Instructions also eliminated the
possibility Of verdict of mnnslaueh-
ter against any OF the defendants. Ihe
very nature Of the indictments pre-
oluded such verdict the court as
serted Ettor and Giovannitti must
be found guilty of murder In the sec
ond degree or acquitted.
Hundreds Of friends and sympa-
thizers Of the defendants were In Sa-
lem today walking the streets near the
court house until long after dark. onS
man. who refused TO move from the
court house entrance when ordered
AWAY by the police, was locked up on
he charge Of obstructing the side
walk. His arrest did not appear 10
nnger the crowd and there was no
demonstration when the prisoner was
taken away.
Throughout the day and night the
streets near the court house We're pa
trolled and a reserve force was heih
On duty.
Squads Of mill workers walked PACK
and forth in front Of the court house
FOR hours watching the windows OF
IN upper room. where the Jurors were
Frequently members or
he Jury could be seen near the WIN
lows.