Show t ATTORNEY SAYS IMPROPER TESTIMONY WAS ADMITTED appeal to a higher court will be ta ken A paper in rome gives its opinion new york yov 24 tho ten dollar fine imposed upon enrico caruso the famous italian opera singer in the police court yesterday after he had been declared guilty of annoying women in the monkey house at central park was not paid today ono of his attorneys had gone to court with the intention of paying the alne under protest and the money was about to he passed across the clerks desk when carusos senior counsel rushed into the court room and brought the proceeding to a halt A consultation between the counsel and the court followed and the court permitted the matter to go over until in the meantime caruso has been paroled in the custody of his counsel carusos counsel today reiterated the announcement made yesterday that an appeal would be taken 1 I saw mr caruso at his hotel today said the attorney and had him sign an application for an appeal which will be asked for immediately of one of the judges of the court of general sessions it is tor one of them to sign the paper and allow or dosal ilow the application for an appeal mr caruso felt continued the lawyer that magistrate baker had treated him deiy fairly during the hearing and that his character waa ibeling fully vindicated it was more than a surprise to him when he heard that the court found him guilty the acock waa most terrible to druso who is a sensitive man particularly ticul arly as he bad firmly believed the testimony clearly exonerated him waa also expressed by the attorney with the manner in which deputy police commissioner mathot had insisted on the introduction of testimony which the consul for caruso claimed was not proper mat berto come cetora he torA the court and which he said was produced for theatrical effect and to prejudice the public against ahe defendant it is expected that the appeal will be argued next monday caraboa Caru Boa counsel today asked for a full transcript of the police court for use in connection with the appeal |