New-York tribune., 1901-06-21
SUNDAY GOLF, BUT NO BALL.
YONKERS JUDGE TRIES AND CONVICTS
AFTER JURY DISAGREES IN
BASEBALL CASE.

The case Of the two men arrested in Yonkers
last Sunday for playing baseball brought
before Judge William c. Kellogg and a jury
yesterday. The jury disagreed. The case was
Immediately retired before Judge Kellogg with
out jury. The men were convicted. Section
265 of the Penal Code. which refers to sun
day sports. is interpreted in the Yonkers courts
to mean that any play golf in Yonkers
Sunday. but he cannot play baseball. About
May l a number Of ministers petitioned the
Police Department to stop Sunday baseball play
ing. The threat was then made that If baseball
was stopped golf must also be stopped.
This aroused the members OF the Saegkill
Golf Club, many of whom are prominent citi-
zens and church members in Yonkers. Benja-
min H. Adams was arrested the club links
on Sunday. May % and after trial was ac-
quilted. Last Sunday Joseph Crowley and Will
lam Russell, of the ST Aloysius Baseball Club,
were arrested on the charge of playing baseball.
The courtroom crowded yesterday, but only
one minister noticed in the room, the Rev.
Charles r. Ross. of the First Methodist Epis-
copal Church. Nearly the whole day was con-
sUmed in examining jurors, three panels being
exhausted before the sixth man accepted at
o'clock
The jury consisted of a. S. Horton, farmer;
Frederick c. Vail. salesman: S NJ Bashford
carriage builder; Adolph Picker wine merchant.
George n. Ipson. painter. and Robert L. Harper,
plumber. Judge Kellogg acted as prosecuting
attorney well judge.
OF the jurors more than three-quarters were
rejected on challenges by the defence They
declared that the law Of God prohibited Sunday
baseball. and no amount of law could shake
their belief. In the examination of the jurors
the Judge frequently shut off Mr.. Harrigan. the
defendants counsel in the middle of a ques-
ton. and when the latter objected Judge Kellogg
old h ic nirer- 4 u-iIlT mot
allow you to question this man any further"
The facts brought out showed that Russell
knocked bail out in the field and that Crowley
caught it, No game was in progress and no at
tempt was made to hit the ball the second time.
In addressing the jury Mr. Harrigan intro
duced two sections of the city ordinances which
stated that the police had authority TO arrest for
ball playing the public streets only. He also
read an extract from the sermon delivered by
the Rev DR.. Charles H. Eaton in the Unitarian
Church in this city last Sunday, in which the
latter stated that the Sunday golf player was
nearer TO God than those who worked their
coachnlan and footman on Sunday. This
ruled out by Judge Kellogg.
Judge Kellogg in charging the jury said that
II should be guided entirely by the evidence be-
fore IL The highest court of the State had de-
cided the legality of the Sunday law. There was
no DISPUTE Of the fact that the boys We're play
ing ball as charged. 1t was not necessary that
the acts complained of be of a noisy nature; the
law specified the acts that were actually pro
hibited He charged that the acts committed by
the defendants constituted violation OF the law.
After an hours deliberation the jury returned
and said they could not agree on verdict.
Mr. Harrigan then proposed TO immedia tely
retry the case without jury, and as City At
torney winsloxy who had just come in, and
Judee Kellogg were both agreeable. the case
was Immediately recalled. The trial was but
repetition of the first. and at its conclusion the
iudge found both men guilty and imposed a fine
of s. on each or five days in the County jail
The fines were paid under protest, and notice
of anneaI to the County Court filed. The
case will be argued before Judge Lent. at White
Plains on Saturday.