The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-07-08

number were newspaper writer's ia
miliar with the game, and who testi-
fed that while paraphernalia such as
is used in baseball games was used
and the players went through stunts
similar to those of a ball game, that
by all the rules set down and provided
by the National Commission the con-
tests as presented were not a ball
game.
Among others, which included prom
tnent men Of affairs in the city, who
attended the exhibition at the South
side baseball grounds on the 25th of
June, were c. w. Hendley, superin-
tendent of Bradstreet's office here; F.
M. Ironmonger and A. w. Bars,
county treasurer, all of whom gave
evidence that what they saw on that
date was not baseball game.
Arguments of Attorneys.
The entire afternoon was consumed
in hearing a large number of wit
nesses along this line. The prosecu-
ton, in cross examination of witnesses
for the defense, attempted to show
that parts of the exhibition were SINH
lar to parts of a baseball game. and
that ball, bats and bases were used.
None of the witnesses denied these
facts. In this the defense anticipated
the charge of the court to the jury. as
was shown a little later in the day.
Following the taking of testimony
Attorney l. L. Farris made the first
argument before the jury, claiming
that the prosecution had failed to
prove the material allegation of the
information that a game of baseball
was played. His appeal was eloquent
and forceful ]. NJ. Bars also made
argument before the jury along the
same line, with the added injunction
that conviction of this player would
mean that the laboring classes and
others not Of the Weather class would
have no means of amusement left them
on Sunday afternoon. He stated that,
in his opinion, that this was not the
intent of the law, which was directed
against the game of baseball and not
against other Sunday amusements. He
contended that the state had failed to
but that, on the other hand, the de-
Tense had shown by competent wit
nesses that no game of baseball was
played as the rules provide.
Court took a recess shortly after S
o'clock, and just following Mr.. Bars S
argument. After the recess court was
resumed at s o'clock with the argu-
ment of Solicitor Gray. His argument
was n impassioned one. in which he
the jurors and intensified the conten-
ton that a baseball game was any
game in which bases, bats and balls
were used, and that that sort of a
game was what the legislature meant
in drawing up the law under which
the prosecution was brought.
Charge of Court.
Judge Maxwell gave his charge to
the jury following Solicitor Gray's ar
oh --,I,
one, defining both game" and base
BALI game. 1t was the Interpretation
of the court that baseball as defined
by the dictionaries was a game in
which a ball was used and in which
the players circled four bases after
striking the ball. He said the legis-
lature, in the opinion of the court.
meant TO cover any game Of this sort
in this law. He charged the jury that
if they found from the evidence be-
yond any reasonable. doubt that the
sort on June %, and that that date
was found to be Sunday, they should
render a verdict Of guilty, but that if
they had any reasonable doubt that
such was the case from the evidence
submitted, they should adjudge the
defendant not guilty.
The jury retired to the jury room
at S:45 and shortly before $50 sent
to the court room for a copy OF the
stating to the judge that
a verdict might be reached within If
teen minutes. At 9:S5 the bell was
rung in the court room by the push
button in the jury room, and those
who were awaiting the verdict sat in
suspense as the jurors filed into the
court room and took their places in
the jury box. The crowd was doomed