New-York tribune., 1901-06-08
JURY FOR SUNDAY GOLF.
ACouITs BENJAMIN ADAMS. ARRESTED
IN YONKERS.
ppCo>1,tENDATIoN FOR AMENDMENT OF
THE LAWS so AS NOT TO INTERFERE
WITH INNOCENT RECREATION"

The crusade against the playing OF golf on Sun
day which was instituted by clergymen OF Yon-
kers received setback yesterday, when a Yonkers
Jury OF six men, after hearing exhaustive testi-
rnonv IN the case of Benjamin Adams, lawyer
OF this city who was arrested for playing golf
last Sunday, acquitted the defendant. The jury
furthermore recommends that the laws regulat-
ing Sunday observance ought to be changed so as
not prohibit interfere with the innocent
recreation Of the people on that day..
The case looked upon test case and the
decision II is said. opens the door not only for
golf Sunday but for other forms OF recreation
which spoken of by the jury Innocent"
The decision is expected to give rise TO consdera-
bic controversy in the pulpts OF Yonkers. II was
through the clergy that the crusade was first
started by the presentation OF a petition to the
police. The petition signed by ministers OF
congregations of which many members played
golf on Sunday. and on hearing of the clergymen's
action some threatened TO leave their respective
churches. The petition. nevertheless, was given
10 the police who were asked TO do all in their
power put a stop the game Sunday.
The controversy rendered still more heated
by John c. Havemeyer, who on last Sunday oc-
cupied the pulpit of the Central Methodist Church
OF Yonkers and a ayman denounced the playing
of golf as a desecration OF the Sabbath. Mr.. Have
meyer said also that he considered the patronizng
OF trolley and steam railroads on Sunday evil,
and that all forms of labor the Sabbath were a
violation of the Fourth Commandment How wide
spread public interest has been aroused by the dis
cussiOn shown by the fact that Mr.. Have
meyer interrupted I'm his talk by a who
said he had the church all the way from
New-York to challenge the speakers statements.
The arrest OF Mr.. Adams last Sunday while play
ing golf on the links of the Saegkill Golf Club.
Immediately looked upon a test case and the
trial yesterday eagerly watched. Mr.. Adams
is member of the Board of Education of Yonkers
JUDGE REPRESENTS THE PEOPLE.
The counsel for Mr.. Adams. who appeared 10
argue in his behalf Waldo J. Morse and
Joseph F. Daily. The trial was held before Judge
Kellogg. Because Mr.. Andrews. the District At
torney, said he too busy with the grand jury.
Judge Kellogg decided that he would represent the
people himself Seven men drawn for the
jury follows: Thomas Shaw. Joseph H. Sweeny
William p Hetcham. George r. Brown, William
hleine. Otis S Stearns and D. a. Doran. Messrs.
Shaw and Brown We're both excused as they had
very decided views TO the proper observance of
the Sabbath They both said that they could not
help finding Mr.. Adams guilty If it shown that
he had played golf Sunday AS twelve only
had been drawn, and one was sick, the marshal
was ordered to go out and bring in twelve tales
men, from whom two other Jurors were selected.
They were Mr. stearns and D. A. Doran.
Detective Welsh. who the first witness for
the people, testified that he Mr.. Adams playing
golf last Sunday. He thereupon informed Mr.
Adams that IL he did not give up the game he would
place him under arrest Since Mr.. Adams had been
selected by the club for the test case. he placed
Welsh then arrested Adams
On cross-exa mination. directed BY Mr. Morse
Welsh stated that he had been detailed with the
patrol wagon TO look out for Sunday ball or golf
players on account of a complaint that had been
in the police commissioners by A number Of
ministers. He also admitted that none OF the sign
OF the complaint lived within a mile OF the golf
links, and that the nearest house was a quarter Of
mile away He also said that no complaint was
made by any living near the links.
NJ
the saegkin was an Incorporated club owning
twenty acres OF ground. After McGrath substan-
tated all of the testimony given by Detective
Welsh. Mr.. Morse then moved 10 dismiss the COM
plant. which was denied by Judge Kellogg. Mr.
Morse said:
proven TO have been committed. The matter Is Of
very slight Importance. there being no technical
mere will have far reaching effect. The law is
element 10 which feel IN duty bound TO aiIude
A statute is not something, TO. be trhed with.
f5na munity In considering f. We must consider the
eIiecs OF the words and their general effect on the
community. ! will make attack religion,
but shall argue first the technical objection I 40
applicability Of the statute TO the The statute
says public sports" where this was on private
ground and in every way private.
ORIGIN OF SUNDAY LAW
Mr.. Morse then went into a history OF the origin
Of the Sunday law. and quoted famous cases in
which the distinction made between public
ard private sports. He said that the first Sunday
law in New-York was passed in 1885 and that the
law cf to-day nearly the the one
then passed. He went
and the churches out OF the denominations just
enforce this law. The doctrine OF Roger Williams
freedom or worshp-has been enacted into the
a,t 20 itS ion % me sd We 40 40 not
ana DO not want any one TO interfere with
At the close of Mr.. Morse's motion and argu-
ment ex-City Attorney Joseph F. Daily called Wal
ter Hodgman secretary OF the Otis elevator works.
10 the stand. He said that he was the president
OF the Saegkill Golf Club. that IT was a private
and Incorporated club and there was nothing in
its constitution and bylaws against Sunday golf.
Mr. DAILY then demanded that the case be dis
missed. which was again denied by Judge Kellogg.
after which Mr. DAILY summed up. He criticised
Judge KeOgg's charge to the jury in the merry
go-round case and asserted that the jury alone
was judge the facts. He referred TO the fact
that Mr. Adams man OF standing in the COM
munity, and that If he found guilty he would
be debarred from legal practice.
Judge Kellogg then charged the jury. lie quoted
the law and read decisions the In reply
to Mr.. Stearns the judge said the of private
or public grounds had no bearing the case. Mr.
Daily took many exceptions the judges charge
and accused him Of reading the law wrongly which
led TO a heated argument The jury then retired
and after a conference of forty-five minutes re-
turned with a verdict of guilty. The police will
now abide by the decision
The verdict follows:
We the jury. find the defendant, Adams not |
guilty, and recommend that the existing law
regarding the observance OF the Sabbath on the |
first day OF the week be repealed or so amended
that Il will not interfere with the innocent amse
ment Of citizens on that day.
A remarkable scene followed the verdict for |
the courtroom crowded with golf players in |
cudiRg many women. The spectators hockel |
around Mr.. Adams and the jury and congratulated |
them upon the verdict.
. Among those in the courtroom were G. Hilton |
Scribner, J. Renwick Brevoort Miss Rosamond |
BreVoort. Mrs John {. Ten Eyck. Miss Julia War |