New Britain herald., 1922-05-03
MANAGER OF RIAL7O CONVICTED BY JUDGE Carroll Fined $1,OOO And Sentenced to One Year
 In Jail.

New Haven, May 3.-Lawrencc w.
 Carroll, who was manager of the
 Rialto theater at the time 1t was
 burned on Sunday night, November 27, was found guilty of gross negli-
 sence by Judge c. l.. Avery in the superior court today. The court ex-
 plained that he gave his decision on the common law charge of gross neg ligence and not on the superior court charge of manslaughter on which Carroll had been tried. A jury trial had been waived. Carroll was fined $1.0o0 and given one year in jail with execution of the sentence suspended until an appeal to the supreme court of errors which is to be taken is de- cided. The manslaughter charge was based upon the finding of Coroner Eli Mix who held Carroll criminally responsible for conditions which ex- isted at the theater, more specifically the lack of fire fighting equipment and carelessness in permitting the use of burning incense to give 'at- mosphere" to a movie film which was being shown.
 Judge Avery held that his court had no jurisdiction in the second charge against Carroll which was that lie had sold standing room in the theater that night in violation of the state law governing. the issuance of permits for standing room.
 Coroner Mix also held City Build ing Inspector Joseph E. Austin crim- inally responsible but in the city court Judge Hoyt held that the evid- ence was not such that Austin could be deemed guilty of negligence and he was discharged.
 Coroner Mix also named A. s. Black of Boston, president of the company which controlled the Rialto theater, also criminally responsible in this fire case but Black has been be- yond the jurisdiction of the state court.
 In the Rialto fire ten persons lost their lives. The coroner made his finding on the body of Everett T. Case, who died in the hospital from burns.
 City Attorney Sheridan Whitaker has said several times that when the time came he expected to bring Black before the court on 8 con- plaint based on the finding. Coroner Mix could not get Black to come to the inquest and he went to Boston to see Black.
 The sentence imposed by Judge Avery will not be executed pend- ing the appeal, and Carroll was ad- mitted to bail in s2,5oo bonds.
 The court which passed both on fact and the law rendered Ver- dict, it was explained under common law finding that there was gross neg igence and disposing Of the charge as drawn by the state which alleged 
 Counsel for Carroll stated to the court that the ground of appeal would be that of alleged error. States At torney filling then gave notice that he would appeal from the decision of Judge Avery who said the su- perior court had no jurisdiction in he matter of the charge of over ,rowding the theater. To have both sides enter an appeal in case while ,ot unusual attracted attention of awyers to this case.
 Judge Avery in stating his deci- ,ion said:
 The theater on evidence could not De described in any other words than a fire trap place of extreme dan ger to the public which never should | nave been invited to enter it.
 The court said the accused had ailed to use reasonable efforts to- ward safety and 'it seems to me that 1 his omission is so great as to con- ,titute gross negligence