New Britain herald., 1926-05-27
CARROLL GUILTY ON TWO CHARGES;
 BAIL IS DOUBLED
Bonds Fixed at S5,OO0 and Sen tenCe Is Deferred by Judge
 Goddard for One Week
APPEAL IS TO BE FILED,
 DEFENSE ATTORNEY SAYS

Producer May Receive
 Penalty of Not More Than Fiye
 Years or Fine of $2,000 or Both
 On Each of The Two Counts on
 Which the Jury Has Found Him
 Guilty.
 New York, May 27 LP,-Earl Car roll was found guilty today of per- jury in connection with grand jury investigation of the bath tub party in his theater at which Joyce flaw ley, a nude show girl, served drinks from tub.
 The jury returned it's verdict at 1920 o'clock, just an hour and five minutes after Judge Goddard had given 1t the case.
 Guilty of Two Counts
 Carroll was on trial on four counts, two referring to the bathtub incl dent and two to his testimony that no liquor was served at the party, The jury found him guilty of the first two and not guilty of the sec ond two.
 After the foreman had announced the verdict the jury was boiled and Judge Goddard immediately held Carroll in $5,O00 bail. twice the amount he had been held in pre- viously, and deferred sentence for one week.
 Carroll may receive not more, than l five years sentence or fine of s. i 900 or both on each of the two counts on which he was found guilty
 Will File Appeal Counsef for Carroll said he would make his appeal on the ground that whether or not any one occupied a 1 bathtub on the stage of the Earl Carroll theater was not material tc the investigation being conducted by the grand jury which was 10 learn whether or not liquor had been served there. During the trial just i lllllSLltu lllS loN SDI ulI'lil PN'b tI have the indictments relating to thf bathtub scene dismissed on this ground but Judge Goddard refused asserting that although the grand jury was Investigating liquor viola tions 1t had the right to inquire into other phases of the party and Il Carroll had replied falsely he wa. guilty of perjury.
 The Judges Charge Judge Goddard's charge held tha Miss Hawley's part in the party wa material and that the jury should consider it.
 The sole issues are whether O not the defendent, Carroll, lied tt the grand jury in February or il March. The defendant Is not beinl tried for violation of the prohibition law but for the crime of perjury.
 Perjury Is Q kind of interference with the function of a grand jur investigation which must not be tol erated if our courts and our systen of justice is to operate. If this de Ifendant ned on a material matte before the grand jury 1t matters no whether he lied like a gentleman. a Mir, Smith Carols attorney) pu it."
 Carroll. fidgeted in his seat a through the charge, Mrs. Carol under charge of a trained nurse, Sd at his side.
 Judge Goddard instructed the jur , that a necessary element of the gov
 ernment's case was to prove tha Carroll lied wilfully and in his cor , nection told the jurors that the should consider the evidence Of tn presence of near beer at the part in the face of Carrolls denial thf
 there was any other soft drink O } hand except ginger ale and Whit } Rock.
 Carroll's Testimony l The theatrical producer told , grand jury that the bathtub at h
 party on February 22 did not contai |, {Continued on Page 1S)