The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-08-19
SUNDAY BALL.
Seems Now to Have the Right
of Way
According to the Jury's Deci-
sion Today.
is INTENDED
To Stop Only Gambling Games
on Sunday,
And the Title of the Act So
Specifies.

Today in Justice w S. McCIintock's
| court a jury consisting of Frank
Gutsch, George McCasIin, John Jones,
! John Shaffer, H. J. Smith and NJ. Wag-
| ner, returned a verdict of mot guilty.
in the cases of the base ball players of
the Topeka and Wichita teams, charged
with violation of the statutes by play
ing game of base ball last Sunday at
| Athletic park.
1t was an interesting case, and the
| arguments made by the attorneys for
the state and defense We're amusing. A
large crowd of interested spectators
was present at the trial
Galen Nichols conducted the prosecu-
tion, while H. G. Stafford, assisted by
Archie Williams and Chas. K. Holiday
was counsel for the defense. The first
witness examined was Jesse Cook, son
of the sheriff He went out to the game
on Sunday, conferred with o. w. Fox.
the prosecuting witness and saw the
game played.
o. W. Fox, who swore to the COM
plant, was put on the stand and he
said: L went out to the grounds and
paid my admission. I saw the players
in their usual base ball habiliments.
A few minutes past 4 o'clock the game
was called, and the players took their
places. 1 stayed until the first inning
was played. 1 then went out and went
to my home where swore to the COM
plant"
Attorney Stafford asked Mr. Fox If
he could identify the players against
whom he had made sworn complaint
He said he could not with the exception
of Manager Fear. He stated that when
he swore to the complaint he made the
reservation that he charged the teams
in general way with the violation Of
the law.
Other witnesses examined who saw
the game were G. s. Barnett, of 424
Lane street; G. F. WOrley, the harness
man, and John Ritchie. The state then
rested.
Attorney Stafford examined but one
witness for the defense. 1t was Charlie
McCabe and he was used as an expert
witness.
Attorney Safford-You understand
the game of base ball?
McCabe-Yes, sir, do.
Q-Are you what is commonly called
a base ball crank?
A-No, sir.
Q-Are you a base ball fan?
A-No, sir.
Q-When was base ball introduced in
An 1869. That is, the game now
known as base ball. OF course they
used to play town ball and two-old-cat.
Odd they ever play one-oId-cat?
Al don't know-I guess so.
Q-What constitutes game of base
ball?
A game is never finished until
nine innings have been played. In case
the game is called for any reason, il
five innings have been played 1t is
called a game, but if less than that, 1t
is not.
Justice McCIintock then instructed
the jury in the case. He told them that
this statute was to be considered as a
penal statute and that the ofense
charged must be stated in the law. He
also gave the Interpretation Of the
word game"
In opening the argument, Attorney
Galen Nichols said to the jury:
Gentlemen, this case SINNERS down
to this: 1 have to try this case regard
less of friends or foes, and you have to
do the same.
There is an ethical feature in this
case, but aside from that, there Is eVl-
dence here of a violation OF the stat
utes. These players went out tnere
knowing that they would be arrested.
The law states the case plainly, and
you are to consider the evidence and
bring in a verdict of conviction.
Attorney Stafford, for the Defense
said:
TT is not necessary that I say much
here, for if ever a judge instructed a
jury to bring in a verdict of acqu1ttal,
this one has.
Gentlemen, it seems to be a neces-
sity of human nature to have recrea-
ton. When we work hard all week, we
may want to go to church sunday
morning but in the afternoon we WanS
something else Some of our good peo-
pie take theirs in a buggy ride. others,
myself, go over to the band concert
And some want to see game OF pall;
Now l know that there are IOlS OA 6ooU
citizens who would like to see game
of ball on Sunday.
This old statute which the state has
dug up was made before baseball was
known. Now, that clause about gam
ing means, evidently, gambling 1t SO
saws in the title. 1t states card playing,
horse racing and cock fighting and
adds 'or any person who shall engage
in a game Now if the legislature had
intended to prohibit Sunday baseball 1t
would have said so, wouldn't II
My friend here (Galen Nfchols) says
he hasn't looked this up much We
have. But he has had the assistance OF
eminent counsel from POtwin, and II
mistake not, the judge now has in ms
possession brief prepared by some OF
the legal lights of PotWin. Let me tell
you what is the trouble out there.Those
people in Potwin don't like Athfetle
park so near them. They are opposed
to baseball there in week days, DAY OF
night or on Sunday. They hold to that
| old-fashioned theory that a person
should not devote any time TO athIetIc
sports but should lay up treasures Iof
| themselves in Heaven. ,.-o
Gentlemen. 1 believe you VIII nave
the nerve to do your duty IN TINS case
| even in the face of Potwin.
Attorney GaIen Nichols closed Win
| strong nIea in which he took the jury
! back to Bible times ana clteu Sls
ethical PROPOSITIONS from the time OF
Moses on up to the present IlilIe' -
stated that the offense was the more
| arraut from the fact that that part OF
| the city was quiet and law ABIDING anu
that the players went there to nave q
SUNDAY game when they knew lhey
were not wanted.
The Jury was given the case and re-
7T7onfinued on Sixth Fage.)