The Detroit times., 1908-09-19
BALL PLAYERS NOT
GUILTY, IS jURY's
VERDICT
SUNDAY GAME HELD TO %
WORK OF NECESSITY AND
OBSERVATION-DISCLOSURES FAIL
TO GET INJUNCTION.

A jury In Police Justice Stems
court. Saturday afternoon. found the
Detroit ball team not guilty Of play
ing ball on Sunday. Aug. 80, in viola
ton OF the law. BY its verdict the
jury finds. as contended by the de-
tense. that Sunday baseball il q work
OF necessity and work Of charity
and, therefore. does not come within
the pale OF the law And this In spite
OF Assistant Prosecutor Crosses decln-
ration that they could not acquit the
defendants without violating their
oaths as Jurors. II was admitted. OF
course, that a game was played on
Aug. 80. The only question was
whether IL was a work OF necessity
or charity and the jury found that It
was.
The Jurors are:
Jerry Ryan. No. 1906 Fourteenth.
ave.: F. A. Ulrich, No. ITS Michignn-
ave.: William Tissler, No. 279 Clinton
ave.; Gottfried Schied, No. So 0reu.
sel-ave.; John Sheppard. No. 1880
Fort-st. west. and Michael Lynch, No.
5l2 Broeklyn-ave.
The verdict means that there win
be q game In Bennett park Sunday
and every Sunday hereafter during
the season, when the team Is at home
The jury was out about 20 minutes.
The trial OF the case consumed the
entire morning In Justice Stems
court and until nearly ] o'clock In the
afternoon.
Ball PLAYERS In Court.
Manager jennings and all the play
ers named IN the information-Cobb.
Crawford, Mcintyre, Schaefer, Ross
Willett and Kifiian-were ON deck and
occupied seats In the front row. They
were represented by the clubs attor
neys. Nayin. Sheahan & Bourke. Tho
attorneys waived their right to de-
mand separate trial for each de-
PENDANT and the cases were punched,
the club being tried as a whole.
Consi derable difficulty was expert
enced In securing a jury because 90
many OF those called had fixed opin-
ions on the question Of Sunday base.
ball. These opinions were both for
and against the proposition and In
either case the prospective juror was
| excused for cause. The result wss
that the panel was nearly exhausted
when both sides announced them.
selves satisfied. Larry Dunn was
one Of those excused.
Larry" manifested but little respect
for the law. Asked II he believed In
maintaining 1t he replied:
II don't pay no attention to such q
thing. don't bother me head about
It."
Larry" declared that he would FOL.
low his own conscience" In arriving
at verdict and was promptly excused
after he had insulted the court by say.
Ing that he would pay no more atten.
ton to the Judge than to amy other
witness"
Cop on the Stand.
Patrolman James T. Van Meter, OF
Trumbull station. who swore out the
complaint at the Instance OF his gu.
periors. was the first witness. He
testified TO the fact that a game was
played between Detroit and Cleveland
before a crowd Of 10000 people. On
| cross-examination by Mr.. Bourke he
admitted that Is was an orderly, well.
behaved crowd.
Would you object to your own chill
dren attending a game on Sunday?"
The question was ruled out.
How often do you 60 to Bennett
park?" Queried Bourke.
"As often as l get chance" was
the smiling re eiHdef.-----------------
Did you hear any noise to speak
Of that day." put In Mr.. Crosse.
We'll, little applause now and
then"
But they weren't very enthusiast
tic that particular Sundayw
Enough SAID" and Van Meter
stepped down.
Lieut.. Michael Kinney testified to
substantially the same effect, even to
the lack OF a demonstration. Attorney
Sheehan facetiously asked IL he had
not played ball himself on Sunday,
and Witnessed admitted the corn.
Yes. I've seen him." added Col.
Sheehan.
Manager Jennings was then put on
for the defense. and after going brief
| ly over his baseball career for 10
years as manager and player. said. In
answer to q query, that he considered
X necessary for the men TO play every
day TO keep them In proper condition.
This was the defense In nutshell.
although IL was quite apparent that
the reasons for keeping the men In
condition were purely mercenary.
$500 Went to Charity.
Mr.. Bourke then brought out that
5000 OF the proceeds OF the game or
Aug 80 had gone to charity. 500 to
the House OF Providence and 500 to
the Protestant Orphan asylum. This
was the premise for the contention
that Sunday ball is u work OF charity
notwith standing that the bulk OF the,