Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-05-15
DASE BILL LITIGATION.
MANY CASES PENDING AND DAMAGE
SUITS ARE TO BE BROUGHT
BY PLAYERS
FOR MALICIOUS PROSECUTION
Justice Lnrue Dismissed the Cases in
His Court at the Costs of the COM
planning Wftnesses-More Arrests
by Justice Greer-Check to the Or
phans' Home Is to be Returned.

The litigation over Sunday base ball
grows more complicated with each
game that is played, and some of the
cases will be carried to higher courts.
The base ball people appear to be de-
termined to test the legality of their
Sunday playing, while there appears to
be an equally strong determination up
on the part of some Island property
owners to force them to discontinue
games on the seventh day of the week.
The developments yesterday were de-
cidedly interesting, and the base ball
people drew first blood. The cases
against the players for the game on
Sunday, April 10Th. upon which ar
rests were made on May 9Th, were set
for hearing yesterday morning by JUS
tice j. r. Larue. The property own
ers had sworn Nout warrants as fol-
lows: W. R. Palmer for William Tay-
lor; c. E. Donaldson for E. B. Lytle
and William Congalton; R. H. Mckee
for Thos Turner and Patrick Meaney;
Henry Foster for Denny Lyons, L. E.
Ritter and John Skopec, and II. c.
Connolly for Frank PeQuinney and
Robert Rothermel. Ex-Congressman
John O. Pendleton wah retained as
their lawyer.
The defendants appeared at the ap-
pointed hour yesterday morning, but
the compliments were not represented
in person or by counsel. The defend
ants would have asked that the cases
be dismissed on the ground of previous
arrest and punishment for the same
offense. Justice Larue waited about an
hour, and then dismissed the cases at
the costs of the compliments. 1t is
understood that the costs will aggre-
gate 1925.
AS a result of these cases, counsel
for the base ball players gave out the
statement last night that preliminary
papers were being prepared for damage
suits in the sum of S. 600 each, against
the property owners who swore out
the warrants, Messrs Palmer, Mckee,,
Connolly, Foster and Donaldson. The
plaintiffs in these actions will sue up
on the grounds of malicious prosecu
ton, and arrest without probable
cause.
Yesterday the players were arrested
by Constable Moran upon the warrants
sworn out before Justice Greer by
vi LliO 10AaAu.
The players were surprised when they
were also served with warrants sworn
out by Henry Foster, for the game
played on April 10Th.
AS the matter now stands the play
ers have been arrested three times
for the first Sunday game. They were
first arrested upon warrants issued by
Justice Rogers, and paid fines and
costs. Chief Clemans declined to arrest
them on that day, after they had been
once arrested. The second arrest was
made upon warrants issued by Justice
Larue, and these cases were dismissed
yesterday as stated above. The third
arrest was made yesterday upon JUS
tice Greers warrants. Justice Greer
set the cases for hearing at seven
O'Clock tonight.
The attorney for the base ball club
claims to have made the startling dis
covery that Constable Moran, who
served Justice Greers warrants, fur
nished straw bond to the Board OF
County Commissioners. His bonds
men are officers Devinney and Ed.
Michaels. Lieut.. Devinney is alleged
ito have said last night that he was
llUL required 10 make dlIudVlJ JndL no
was worth the $4,000 required, but that
he and Michaels simply signed theiF
names TO the papers offered them.
The cases resulting from the last
two Sunday games, in Justice w. w.
Rogers court, will be heard this morn
ing. The defense will endeavor to have
them dismissed on the ground that the
players acted under a statutory pro-
vision allowing them to follow their
professions on Sunday, if working for
charity.
The directory of the Thirteenth
street Children's Home yesterday de-
cided to return to President Healy the
check for SIS, which was sent out Of
the proceeds of the second Sunday
game. President Healy stated last
night that he had not then received
the check. He expressed regret at this
action, but added that there were other
very deserving charities in the city,
and he felt certain that they would not
decline assistance from the base ball
management.