New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-12
JOHNSON SCORES AGAIN
Judge Hand DismisSes Four OF
Five Counts in Libel Suit.
BASEBALL BARON ON STAND
Angrily Declares Interview Pur'
ported To Be Signed by
Him a Forgery.

4AllA q VI SCiJ'
Byron Bancroft Johnson. president of the
American League, scored heavily yes
terday in the trial of the suit for soO'w'
SANDER by John NJ. Ward. once captain
and manager of the New York Giants and
now a lawyer.
Judge Hand, of the United States Circuit
Court, decided that four Of the five counts
contained In Wards complaint had not
been proved. and dismissed them. lie held
that no sufficient proof had been brought
To show that Ward had been damaged py
! the interviews given by Johnson IN Cihcih'
natl and Chicago, and he also denied
Wards contention that he had lost the
election to the presidency of the National
League as result of comments made by
johnson.
1nis ruling left only one count and con
centrated the trial on the question whether
Wards reputation was injured by an IN
terview which johnson Is charged Win
having given in Chicago to Ernest Stout,
| of the Newspaper Enterprise Association.
Q
$4,000 and damaging Johnson's finances TO
that extent Ward Will now have TO con-
fine his expectations 10 a maximum of
$1,000 while Johnsons financial security
is $4,000 larger.
The fans" seemed TO anticipate day
Of excitement. They came early and In
large numbers, crowding the "bleachers' in
the rear Of that courtroom. There were
several women present. and later I'm the
afternoon there filed in galaxy Of base
ball celebrities. including Barney Dreyfuss.
president of the Pitsburg Pirates Will
lam Murray of the Providence Eastern
League club; Frank Farrell. president of
the New York Yankees Charles Comskey,
president Of the Chicago White SoX; Ar
thur Irwin. scout" for the New York YAM
KEGS; j. A. Heyder, secretary Of the Ma
t,onaI League. and many others big
Bill" Devery was among those present.
The story of the alleged interview with
Ernest Stout was told by Johnson in an
swer to questions by his counsel when he
| took the stand. He said that he did not
know Stout by name, and had met him
only half dozen times prior to November
| IS, 1910. when the young man called on
| him in Chicago to get a signed interview
ch the trouble over Wards candidacy.
Stout was with me only few minutes,
and later he called me up on the telephone
and wanted TO read the article TO me,
! said Johnson. II refused to listen, and
nothing was said about signing it,"
a statement was produced, purporting to
have been signed by Johnson and handed
| to In, ,,-bi, oh Il 81.
articles expressed his sentiments accurately.
My signature is in facsimile in many
places" said the junior league president,
I'VE issue about 400 general passes good
for all cities in the American League"
Did you say to any one at any time
that Ward was 'trickster?'" asked Mr..
Elkus.
Not TO my knowledge" was the answer.
Then entered Mr. Baldwin, and the real
fray began. Johnson came frequently near
losing his temper, and occasionally his
answers came out with d briskness and a
snap that showed how his fighting spirit
had been awakened.
After letting Johnson describe the base
ball situation in 1909. Mr.. Baldwin asked
him If he tried 10 dictate the election of
its president to the National League
Yes sir" came the quick answer.
Were you trying to run the baseball
world" asked Mr.. Baldwin with biting
sarcasm
YES sir" snapped back Johnson: "bu,
only so far as things concerned my own
league he quickly qualified his assertion.
Mr.. Baldwin made Johnson tell of the
time when the American League was the
Western League. and tried TO show how,
despite an agreement with the National
League that defined the territory for each.
Johnson disregarded that covenant and in
yaded Philadelphia. and also got players
from the National League clubs who were
still under contract Johnson came ont
we'll by stating that the agreement had ex-
pired at the time and that in the baseball
war which followed clubs in both leagues
preyed on each other
Johnson was then cross-examined on his
talk with Stout lie strictly adhered TO
what he had said OH direct testimony. Mr.
baldwin tried hard to get him to admit the
| signature on the statement produced by
Stout
1T Is a forgery" said Johnson. in anger.
Stout who SAT next to Baldwin. grew
pale, and. jumping up, he said under the
stress of much emotion: II did mott did
not"
do YOU mean to say, Mr.. Johnson" Mr..
few dollars you viii accuse man OF
committing a Crime?"
Decidedly not" was the answer.