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Show ETTOR CASE WITO JURY Cannot Be Convicted of First Degree Murder by Evidence. Salem, Mass., Nov 25. Joseph J. Kttor aud Artiiro Giovannltti, who on Saturdav pleaded that they bo sent to the e"lectrlc chair if found guilty of the murder of Anna Loplzzo In the Lawrence textile strike, cannot he convicted of murder in tho first decree. de-cree. Judge Quinn, in charging tho jury todav, Instructed that the evidence in the case did not warrant a first degree verdict If guilty, the verdict, he said, must ho second degree murder mur-der Caruso may be found guilty of first degree murder, but none of the defen-dantn defen-dantn under the form of the Indictment Indict-ment could be adjudged guilty of manslaughter Hundreds Cheor Prisoners. When the prisoners were biought from the jail today hundreds of their friends greeted them with prolonged cheers and clapping of hands as they left their carriages. GSovannitli's attention was called to a Rome dispatch that the Socialist union had proclaimed his candidacy for the chamber of deputies fiom the constituency of Carpi. "That is very fine of them," said GIoannlttl, "but I could not be elected elect-ed because I am not old enough. One must be 32 years of ago and 1 am only 29." Charge to Jury. In beginning his charge to the jury Judge Quinn described tho case as one of "momontous importance." From what he had observed of tho jurors In the box. the judge declared, he was sure their verdict would bo reached "without any feeling of sympathy sym-pathy or prejudice and without regard re-gard to the consccruonces that may attach to a verdict." The commonwealth, the court said, was tender with defendants at the bar, "seeking no victims and demanding de-manding no sacrifice. A false verdict ver-dict against the prisoners would be no greater wrong against the defendants defen-dants than against tic community A false acquittal would also wrong the community. "Proof," said tho court, ' doc3 not mean proof to a mathematical demonstration, dem-onstration, but the case must not be left to surmise, conjecture and query." que-ry." Judge Outlines Charges. Judge Quinn outlined the charges against the defendants, the participation partici-pation in the riot In which Anna Lo-plzzo Lo-plzzo was killed and Inciting violonce by Ettor and GiovannitU. The complaint com-plaint of tho working people of Lawrence Law-rence against their employers could not be considered In thl3 case, ho said. The riot of January 29 in Lawrence, in which the womau met her death, was discussed, the court reviewing the evidence. "Rights are not be determined noi wrongs vindicated by tumultuous riots," the court said. "All who participate par-ticipate in such riots where murder occurs are princlials in the crime. U is for you to determine whether the riot occurred and if Caruso was there." nr |