Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-24
Being Waged for { ttor and
[His Companions.
Judge Quinn Will, Today, Make
Known His Decision
On Petition Of Defence's Counsel
For Bill OF Particulars.

Salem, Mass Sept. 23.-Judge Jo-
seph +. Quinn, who is to sit at the
trial of Joseph j. Ettor, Arturo Clio
yannitti and Joseph Caruso, Lawrence
strike leaders, when they appear,
next week, before the superior court
on charges of being concerned in the
death of Anna Lopizzo, will make
public, tomorrow his decision on pc
titions of counsel for the defence for
bill of particulars The motion was
argued before Justice Quinn here, to-
day. Counsel for Caruso who is I'M
der indictment as a principal in the
shooting of the woman. last January,
sought to have the district attorney
specify upon what portion of the
Indictment, which contains several
counts, the government viii rely IN
the coming trial In the cases of Ell
tor and Giovannitti. both of whom are
charged with being accessories before
the fact the attorneys sought for
more definite information as to the
time and place where the defendants
are alleged to have made statements
upon which the charge against them
is based. Miss Lopizzo was shot dur
ing the textile strike in Lawrence.
Salem, Mass. Sept 23-Attorneys rep
resenting Joseph J. Etto, Arturo Clio
vannitti and Joseph Caruso, accused of
being concerned In the murder of Anna
LopizZo during the textile strike at Law
renee on Jan. %, appeared before Judge
Joseph f. Quinn in the superior court,
today, to argue on a motion for a bill
of particulars. Ettor and Giovannitti
were indicted as accessories before the
fact Caruso was also indicted as one
of the principals.
The charge against Ettor and Giovan-
nitti alleges that certain utterances on
their part led to the shooting. The at
torneys sought TO have the court order
the district attorney to supply bill of
particulars setting forth the time and
place of such utterances The trial of
the men has been set for Sept 80.
Attorney James II. Fisk of Lynn open
ed for Caruso. He asked that the dis
trict attorney set forth upon which of
the group of counts in the Indictment the
government proposes to rely to support
the charge of murder. The first three
counts. he claimed, charged Garuso and
another man. not yet in custody, with
discharging a pistol which killed the
Lopizzo woman. The last three counts
allege that Caruso joined with divers
unknown persons in the discharge of the
firearms.
Mr.. Fisk was followed by John +. s.
Mahoney, a Lawrence attorney. for Ell
tor, and former District Attorney w.
Scott Peters for Giovannitti. They asked
the government to set forth on what
days between January IL and January %
Ettor and Giovannitt did 'feloniously
and maliciously ineite, move, aid, pro-
cure, counsel and command Caruso and
another to the murder as alleged. The
attorneys declared that Ettor was speak
ing several times a day during the Pc
riod and they did not know as to what
act or acts or words the charge was
based upon.
District Attorney H. c. Attwill opposed
the motion on the ground that the indict-
ment. as it stands. is conceded to be in
accordance with the common law and
that to furnish bill of particulars. as
petitioned. would be to disclose the gov
ernments case to large extent
Judge Quinn took the case under adj
visement He announced that he would
render decision. tomorrow '1}al