The Bridgeport evening farmer., 1913-06-18
BALL PLAYERS
 CASES NOLLED Complainant Phillips Picked Out The
 Wrong Men
Altitude of Court Described By Judge COughIin and Pros
 eCutOr De Ldney

Arthur Robertai11e, pitcher for the Bridgeport baseball team and Jacob Boultes, third baseman, arrested at Newf1e1d park on Sunday last when Ho1yoke was crossing bats with the local team, are free. Their cases were nol1ed in the city court this morning by Judge Cough1in after Theodore T. Phillips, 227 Beechwood avenue, the principal witness for the state and be- lieved to be acting for the Bridgeport Pastors association had failed to iden- t1fy the two prisoners, and picking out from the spectators present two per sons who had in no manner engaged in play.
 Phillips testified he had been pres ent at a game played May 25 and that he had particularly observed the pitcher and third baseman on the To- cal team. Asked to point those two men out in open court he walked across the intervening space and pointed to Steamer" Flanagan, a member of the team, proven not to have been playing on that day and Andrew Robinson; a friend, who was not present in any capacity.
 Phillips asserted that he had thought the paying of an entrance fee of 25 cents and the purchase of a score card was sufficient evidence up- on which to convict, but Attorney De- Laney forced admissions from the witness that he had been told 1t would be necessary to indicate actual play CTS.
 recommendation to noIIe the cases was then offered to Judge Thomas C. Coughlin who remarked that his sym pathy was with the ball players and spectators as an individual but that in his Judicial capacity he would be com DelIed to convict dence. He granted the noIIes
 After the court session Judge Coughlin and Prosecutor Delaney dis cussed their attitude. The Judge said: My position in respect to Sunday ball playing in a. judicial capacitv is entirely different from that in my in dividual capacity. The law guides me entirely when. upon the bench and if adequate evidence is secured upcn which tP base a conviction have no discretion but to enforce the law In this instance there was a Iamentab!e failure on&the part of the States witt ness to identify persons alleged to have participated and the prosecuting official had no recourse but to ask for a nolle which under the circumstances I granted
 f'I believe that those who, work in factories and at other occupattons which confine them during the week
 
 sion, and from my own experience know what a relief it is to be in the open and witness exhibitions of skill and sport For many years before be- ginning the practice of law was within doors during the week and my sympathfes are naturally with those who seek needed diversion But this sympathy will not be permitted to in fluence my Judicial actions when evt- dence upon which convictions can he sustained are presented to me"
 Attorney Delaney said: ''I shall prosecute whenever facts are put be- fore me which uphold the issuance of warrants In this case Phillips with the two men whom he accused sitting. in the court room Nailed to identify them and m1stook another not present for an actual participant. I could do nothing less than ask for the noIIe. As a citizen of the community and be- yond my legal capacity am in favor of Sunday ball playing. I believe it recreation both for spectator and player and it certainly has a better influence upon the morals of the com munities in which it is played than instances saw but yesterday during an automobile trip through the state when I witnessed crap-shootfng in many towns and villages, in one in stance the game being played open by young boys upon a. village green