Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-11-25
CASE GOES TO THE JURY
Ettor and Giovannitti Can Be Con-
victed Only in Second Degree.
BARS MANSLAUGHTER FINDING
Judge Quinn Declares in Charge,
However, That Caruso May Re-
ceive Extreme Penalty.

SALEM. Mass, November 25.-Joseph
j. Ettor and Arturo Giovannitti. who Sat
urday pleaded that they be sent to the
electric chair il found guilty Of the MUIR
der OF Anna Lopizzo i'm the Lawrence
textile strike. cannot be convicted of
murder in the first degree.
Judge Quinn. in charging the jury to-
day, instructed that the evidence in the
case did not warrant a first-degree ver-
dict. If guilty the verdict. he said. must
be second-degree murder
Caruso may be found guilty of first
degree murder. but none of the defend
ants. under the form of Indictment could
be adjudged guilty Of manslaughter.
The jury retired to deliberate upon its
verdict at 12:43 pm. If a verdict is not
reached by o'clock court probably will
be adjourned until tomorrow, as Judge
Quinn has proposed to have the verdict
returned within regular court hours. il
possible
Crowds of persons interested in the
outcome of the prolonged trial. chiefly
friends and sympathizers Of the defend
ants from Lawrence and other mill cities,
were gathered in the streets leading to
the courthouse long before the doors
were opened, and extra police officers
overcrowding Of the courtroom.
Prisoners Greeted With Cheers.
The prisoners were brought from the
Jail early, and hundreds of their friends
greeted them with prolonged cheers and
clapping hands as they left their car
riages.
Before Judge Quinn began his charge
to the jury Giovannittis attention was
called to the news cabled from Rome
that the socialist union had proclaimed
his candidacy for the chamber OF depu-
ties from the constituency OF Carp.
THAT is very fine of them, said
Giovannitti. but I could not be elected
because 1 am not old enough. One must
be thirty-twO years Of age. and am
only twenty-n1ne.
In beginning his charge to the jury
Judge Quinn described the case as one
of 'smomentouS Importance. From what
he had observed Of the jurors in the box
the judge declared he was sure their YER
dict would be reached without any feel
ing of sympathy or prejudice and without
regard to the consequences that may at
tach to a verdict"
Warns Against False Verdict.
The commonwealth, the court said, was
tender with defendants at the bar. seek
ing no victims and demanding no sac
riflce. A false verdict against the pris-
oners would be no greater wrong against
the defendants than against the COM
munity A false acquittal would also
wrong the community"
Proof" said the court, docs not mean
proof to a mathematical demonstration.
but the case must not be left to sur
mise, conjecture and query"
Judge Quinn outlined the charges
against the defendants.
The riot of January % in Lawrence. in
which the woman met her death. was dis
cussed, the court reviewing the evidence.
rights are not to be determined nor
wrongs vindicated by tumultuous riots.
said the court. ''All who participate In
such riots where murder occurs are prin-
cinals to the crime. 1t is for you to de-
termine if a riot occurred and If Caruso
was there"
When Judge Quinn had completed his
charge there was a long delay while coun-
sci reviewed the instructions and submit
ted others for the courts consideration.
At 1910 the jury was excused for a
short recess.