The Bridgeport evening farmer., 1911-07-07
Counsel For Manager of Bridge port Baseball Team Declares Information Insufficient Judge Munger Suggests Change in Complaint and Charge of Doing Secular Business
 is Changed The Charge Now is That Met Cam Engaged in 8 Sport Called
 Baseball and Managed
 Baseball Game

With a view to making a test cas, out of his arrest for taking part in ball game at Steeplechase Island or Sunday June 9 Eugene McCann, man. ager of the Bridgeport team, through his counsel filed demurrer to tht charge, when his case was called u the city court today. McCann was fined s and costs.
 Attorney Jacob B. Klein of DeForesi & Klein, McCann's counsel, filed the demurrer, a formal document which declared that the information con- tained in the, complaint did not con- stitute violation of the law.
 Judge Foster declined to act, being counsel for the Steeplechase Amuse- ment Go. and in the absence from the city of Judge Wilder, Judge Robert l.. Munger of Ansonia presided over McCann's case.
 The matter occupied but a few mo- ments. Judge Munger glanced over the complaint, and.suggested change in it's verbfage. He pointed out that he presumed it was for the purpose of making test case that the demur- Ter. was entered.
 The complaint as drawn alleged that McCann "unlawfully did secular bus
 
 night June 24 and 12 o'clock Sunday night. June 25, 1911, to wit, did conduct and manager a certain baseball game at certain place called Steeplechase Island in the City of Bridgeport said secular business not being work of re- cessity or mercy.
 Judge Munger suggested that if if is the purpose of the accused to make of it test case, the complaint should be changed.
 He even intimated that he might sustain the demurrer of the accused should the complaint remain as it was worded, which would have the effect of throwing the whole matter out of court. At the suggestion of the Judge Prosecutor Delaney at once amend ed the complaint by inserting the phrase, "and did engage in a sport commonly called basebal1'' following the words, manage certain base ball game"
 Judge Munger stated that this would put the matter of Sunday sport more clearly before the court.
 Attorney Klein said that it was the purpose of the defense to make a test case of the matter, and said that sev- en-eights of the population of the city was anxious to have Sunday baseball played. He said it was an honest ef- fort of MT. McCann to get decision on the matter, and that he presumed the intentions of those who caused his arrest were equally, honest. He spoke of the changing views of the people, andcalled attention of the court to the Norwalk Tramway case.
 There was no dispute as to the facts, Prosecutor Delaney and Attorney Klein agreed that there was a ball game as alleged that several thousand people visited it, and that it was play ed as alleged in the complaint. Mo- Cam occupied a seat directly beside that of his counsel but took no part in the proceedings save occasionally to confer with Attorney Klein. e < Judge Munger said he would over rule the demurrer, and asked the con- tending counsel to expres themselves as to penalty. Attorney Klein re- minded the court that the maximum penalty was $50 and this would be very small as compared to the ex- pense the case will be to McCann be- fore it is over It will cost hundreds of dollars. said Attorney Klein, before the appeal is decided. Prosecutor De- Laney said he would leave the mat ter of penalty to the discretion of the court Judge Munger then imposed the fine of s5 and costs. The costs were $4.97.
 McCann's appeal to the common pleas court cannot be heard now un- til September, for the court had ad- journed until the September term. William E. Burnham remained Me- Cann'S surety in the sum of $50