The evening world., 1911-05-11
Leaves Only One Count on
Which Johnson Might Have
to Pay $4,000.
DEFEND DAN ON STAND.
Declares Signature Authorizing
Publication of Interview
Was a Forgery.

~ granting a motion made in the
United States Court to-day by Lawyer
Abram /. Eikus TO dismiss four of the
count In the 10000 SANDER and libel
suit brought by John II. Ward against
Ban johnson. President of the Amer
Q Baseball League. Judge Hand lin
TIED the claim for damages to $4,000.
Judge Hand threw out tho contention
hat Ward had been damaged by the
inter views given by Johnson in Cincin-
natl and Chicago. The claim that Ward
lost the election to the presidency OF
the National League because of John
scn's was also denied.
This confines the trial to the NTH
count, which charges that John NJ.
Wards reputation was injured by the
alleged interview with Johnson which
was written by Ernest Stout and sent
out by the Newspaper Enterprise Asso-
citation
When the trial was resumed to-day
Ward was again on the witness stand.
The attendance of fans was larger
than on the previous days. and several
women were in the seats In the rear OF
the court room. which have been nick
named the "bleachers."
To Offset the attacks OF Ban John
sons lawyer. Abram /. Elkus. on
Wards methods an a lawyer. stephen J.
Baldwin. the latter's counsel. had his
client give his personal history as "A
collegian and a baseballist. Ward said
he attended Pennsylvania State College
and then entered Columbia Law School
and the School OF Political Science of
that university.
while I was studying at Columbia"
said Ward. Il was playing with the New
York team"
Reviews His Career.
Ward then reviewed his career ~ a
professional ball player. from his hrst
contract. In 1877. TO his last. az the
Giants manager. all OF which 10 base
ball history.
Ward told. on cross-examination. that
when Davis FIRST came TO him for advice
on the White sox contract. the New
York club held a previous contract with
him. with q reserve clause. at a salary
OF q. 400. The White sox contract. which
Ward approved. named a slary OF 1900.
and the salary for which Davis
Jumped" was $500. Mr.. Elkus could
not obtain an explanation az TO why the
Giants didn't exercise the reserve clause
and pay the inHeider y. 400 instead Of re-
engaging him at $500.
49, 49, TL.S .o p.""a
49," NJ
le"se ne eoeiaIen ,"" pan 'onn-
W. nv" VA o'''"o"
johnson on tnc lana.
johnson took the stand and said he
had come to New York when the suit
Mas brought that resulted In Davis be-
Ing enjoined from playing with the
Giants.
Davis had played one game with the
H'ahIs thnt season, sala Johnson ana
meariy ieu 70 ru.tion -, 49,,
"'o.e 'na, ps s'Nne" w. "''t
rupted Mr.. Baldwin. whose objection to
Johnson teiine OF uhe injunction pro-
ceedinKs had been overuied.
ell you sa'd you wanted au the
facts crieu Johnson eNpiosiVely'
IN November. IS". when Mr.. Ward
was Q candidate Tor the presidency OF
the National League. ava you know
he had represented Davis In the In
junction proceedings ana had been paid
by the New York clubT' Mr.. Elkut
askeo.
Il dld," said Johnson. I wanted q
man for president VINO was fair and
honorable"
Johnscn denied that he had signed an
interview on the Ward candidacy, as
sailing Ward. which was sent out by
. Newspaper syndicate.
the slip bearing the signature which
Stout. the writer. claims was his author.
ixation. was shown 10 Johnson.
Il never signed that" he said. TT I,
q fac smile. but II is not my signature
did you ever say 20 anyone that Mr.
Ward was q trickster?" asked Mr.. FL,
kua.
II DOM recall On ying such q thing"
johnson 5roao.Exam;ncd.
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nsrs,,nr -, Inhnson a,ter ~ 80,
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Ssaw I..L 80 ,h.n a. Siynfg. -,
ror,yu.sycn ~ ~ -
"a w., 4. vour h,.,,ess,, p.s.
,sii business
A..cn 80 n. N r.oor,.r NJ, AZ
c=,rc,nn"ti Cnmmer",aI Saze,,s before n