The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-07-16
.YHH SUNDAY SENSATION,
The Base Ball Players Artaigued
in two Courts,
FOR THE A JURY
by Squire Phillips, while Squire
Arkle Reserves his Decision on
Preliminary Matter-Yester-
days Game with Dayton,

4ue pElnClphl tuplV VI CuuNeIsetlpuI
indeed about the only topic, in public
places yesterday, was the arrest Of the
Wheeling and Dayton ball teams Sun
day, the probable outcome OF the prose-
cutions, and the possibility Of Sunday
games being played here in the future,
In connection with the last phase OF the
question, was heard much talk Of the
rumos OF prosecutions to be made under
the Sunday law, against those engaged
in selling cigars, fruits, soda water, milk
shakes and other summer drinks, the
street cars and several other branches
OF industry pursued on Sunday, and,
technically speaking, violations Of the
law, At 0 o'clock yesterday morning,
Umpire Barrett and the players OF the
two teams, who were arrested Sunday
with the exception of"Reddy" Williams,
Wheeling's centre fielder, who was de-
tanned at his home in Bellaire by sick,
ness in bis iamily-reported at the office
OF Squire Phillips, accompanied by the
officers Of the Association and other
friends and supporters. They found
gathered AT the Justices office q crowd
OF people, curious to know how the
offenders were to be dealt with,
Little time was lost at Squire Phillips
Office, Each mar was bound over to
answer at the next term OF the Circuit
Court in the sum OF $25-$i76 in all,
Freddy" Williams being included, a
waiver having been entered in his case
till he should be able to appear and
sign the necessary papers, Mr., Henry
Speyer and Treasurer William McLaugh-
lin, OF the Association, went on the
bonds.
This done, the players, followed by
the crowd, made their way to Squire
Ankles officer to answer to the second
prosecution.
Ten o'clock was the hour set for the
consideration Of this ease. The little
office was crowded almost to suifocation
by the principals In the cases, while the
sidewalk outside was so crowded as to
DO impossible, by a constantly growing
crowd.
Ex.state Senator sommervllle, the
lawyer engaged to p%rosecuts the cases,
was Joined by ex.Judge Jacob, and Mr..
j. Dallas Ewing, who represented the
players Sunday afternoon, was REIN
forced by Colonel Arnett and Capt.
Black Dovener. The proceedings were
opened With q motion by the defense to
dismiss the cases on the ground that the
arrests had been made without warrant
Of law, there having been but one of
tense, for which the players had been
duly arrested and bound over; and they
could nat be arrested twice for the same
offense,
The next two hours was devoted to
informally arguing the situation. 1t was
mutually agreed that no ane could be.
assessed in the cases, the law requiring
that they lie senttothegrand Jury. TWAS
suggested that the players were In con-
tempt for having proceeded with the
game alter being arrested by Phillips.
The defense very successfully argued
that Il they were in contempt, 1t was OF
Squire Phillips cQprt, and not Of Squire
Ankles, and that 1t was tho prRylnce OF
the former to determine that question.
The prosecution made the point that
the game had not fairly commenced
when tile first arrests we're made, and
that players were arrested at thgt Time
who had not offended, for the reason
thasthey had nottakep part In the game.
Arguments OF an informal nature were
heard to show that this was not the fact.
The defense objected strongly to being
bound oyer to answer 10 court twice for
the same otlense, Tho prosecution get
forth that It was not aware that the dc,
iensO had been bound over, and Squire
Phillips and the bonds were accordingly
sent over. After these arrived they we're
carefully gone over and Freddy" Will
liams' bond found to be missing. Then
tho prosecution wanted "Reddy," The
defense showed o half willingness to
deliver freddy" over, but pending any
further action In the halter Squire Arkle
adjourned the entire hearing over till
this evening, in order to look up some
authorities. flo declined TO dismiss any
Of the cases until he had done this.
About noon Freddy" Williams arrived
in the city and Yag Of once taken in
charge BY Squire Phillips, Who put him
under bond similar TO the others,