New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-26
|. v. v. JURY'S FINDING
READY FOR THE COURT
Deliberations End After Judge
Goes Home for Night-Report
To Be Made Early To-day.
TWO WILL ESCAPE DEATH
Ettor or Giovannitti Cannot Be
Found Guilty of First Degree
Murder, Says the Charge
Police Watch Crowds.

Salem, Mass, Nov. 25.-The fate Of
Joseph j. Ettor, Arturo Giovannitti and
Joseph Caruso, charged with RESPONSE
bility for the murder of Anna Lopizzo In
strike riot at Lawrence last winter, is
reported tonight to have been deter
mined by the jury, but It will not be
known until tomorrow.
Less than an hour after Judge Joseph
Quinn had left the courthouse at 6 o'clock
tonight, with the announcement that he
would not receive a verdict until to-mor-
row, the jurors filed from the jury room
and went to their hotel for supper. After
supper they retired to their rooms, and
the report spread quickly over the city
that a verdict had been reached. Judge
Quinn, II was declared, had been in
formed of the report, but he did not al
ter his decision not to accept che findings
OF the jury tonight. When the jury left
the courthouse 1t had been celebrating
five hours.
Court to Open Early.
Late tonight It was rumored that Judge
Quinn might open court at an unusually
early hour tomorrow to receive the ind
ings OF the jury II an agreement actually
had been reached. The fact that the jury
had not returned to the courthouse left
little doubt as to that in the mind Of any
one. 1t was said to be probable that the
court might receive the verdict as early
as o'clock, though Judge Quinn fixed
the hour for opening court at o'clock.
n, 81, 90 ha I,,rty nj 40
o'clock this afternoon, after Judge Quinn
had delivered a lengthy charge, in which
he gave the instruction that neither Ettor
nor Giovannltti could be found guilty of
murder in the first degree.
Neither Premeditated Death.
"The evidence relating to these two de-
PENDANTS" said the court, docs not war
rant conviction for mJrder In the first de-
gree, because 1t is not contended that
either of them premeditated the death Of
any one"
For Caruso, the defendant mill worker,
who has become a father since his i'm
prisonment ten months ago, the instruc-
tons of the court did not preclude the
electric chair. Should the Jury find that
Caruso was guilty OF participation in the
fatal riot, as charged, 1t might find him
guilty Of murder I'm the first or in the
second degree A hopeful sign for this
prisoner, however was the instruction that
the fury, in order to adtudge him guilty
OF first degree murder. must be satisfied
that he, or his confederates acting with
him, premedltated the taking Of human
life.
The charge OF the court eliminated the
possibility OF a verdict for manslaughter
against any one OF the defendants. The
very nature of the indictments precluded
any such verdict, the court asserted.
Ettor and GIovannlttl must be found
guilty OF murder In the second degree or
acquitted. A disagreement Is the only
other alternative. Caruso. II not &C
quilted. cannot escape with a third de-
gree verdict. Conviction for him. II not
death, will mean life imprisonment TINS
prospect fell as a depressing blow upon
his faithful wife. who has remained con-
stantly at his side near the prisoners
cage since the trial began six weeks ago.
Court Warns Against Sympathy.
Judge Quinn in his charge, said that
the complaint OF the working people OF
lawrence against their employers could
not be conhidered In this case. The
condition Of the poor" he added. rs lam
entable They are victims OF Injustice
but sympathy cannot take the place OF
reason or justice"
The court upheld the right OF persons TO
leave their work, and their right to use
peaceful persuasion TO induce others TO
leave work. continuing:
Every man has the right to work for
ubomsoeyer he chooses That is right
no person can be deprived or. II strikes
reo,Iire as a condition of success, the
of personal liberty, theh
strikes stand self-convicted:
Rights are not to be determined nor
urongs indicated by tumultous riots. All
w,bo Participate I'm such riots where muir
der occurs are principals to the crime. IL
is for YOU to determine IL riot occurred
and II Caruso was there.
Hundreds Of friends and sympathizers
NJ the defendants walked the streets near
tho courthouse until long after dark. One
man who refused to move from the court
house entrance was locked up. He gave
hIs name as Giuseppe De Santes, OF Bev-
or,v Mass. His arrest did not arouse the
anger of the crowds. Throughout the day
and night the streets near the courthouse