The Bridgeport evening farmer., 1913-07-09
SUNDAY BASEBALL
 PLAYERS ARE GUILTY
Judge Wilder Imposes Nom inal Fine Upon Five Ac-
 cused-Appeal Taken

1 In the city court this morning Judge Frank L. tWilder after listening to I lengthy arguments found all the Bridg eport baseball players, identified
 as participating in games at Newf1eld Park, June and 22 guilty and fined l them $15 each.
 l With many members of the Pas tors association present, including Rev. IGerald Beard, James H.. O'Rourke,
 President of, the Eastern Baseball
 association, and a host of baseball
 players and fans, five prisoners were
 ara -gned upon a charge of Violating
 the Sunday Law by playing baseball .''
 They were Harvey Russell, 362 West
 avenue, catcher for the Bridgeport
 team; Frank Snyder, 295 Nichols
 street, pitcher. Frank McPartlin, Wat
 erbury, umpire; Edward McGamwelI,
 first. haaeman; James Flanagan 249
 East Main street, and George Vande-
 grift, 1855 Fairfield avenue. The lat
 ter, f~wever, was not identified. as being in court, though there, and the charges against him were consequent ly .noi1ed.
 The case began. by H. J. Berwa1d,
 of New Haven, a detective employed
 by. y.stI9e Pastors association taking the
 stand and testifying that he had aeen
 employed for the purpose of securing
 evidence He had formerly been as resident of Bridgeport having charge
 of the leather department of the 'coun-
 ty Jail as an employee. He was fa-
 rniIiar with all the players and when ordered to do so walked among the spectators and identified each. indf- vidua1Iy.
 He had attended games at Newheld park on Sunday, June 8, and subse- Il quently on the 722. Bridgeport had on those dates played Springfield and New London respectively He was unable to identify any of the players belonging to the other teams.
 On June 8 he had paid 25 cents admission to witness the game and took up a position to- the right of the grandstand where the Bridgeport players were seated, he heard them addressed by name and witnessed their full exhibition. There were about 2Ooo persons present and ap- peared to be amused by a quiet and orderly game. The prosecution here rested and the defense placed no wit | nesses upon the stand though each prisoner entered a plea of not guilty
 Attorney John c. Chamberlain in discussion of the facts and law in thel case from which he digressed on sev-l eraI occasions to alude to the hiring of heIp by the classes for the purpose of driving automobiles and carrying golf sticks, called attention to the fact that thousands of persons gain pleasure through these games, which should not be construed in fact as violating the laws as an act had been passed in 1911 which specified certain | forms of work that might be exempt ed. Attorney Cham berfain contended that baseball should be permitted up on Sunday under the exemption given to employment of labor for necessity or worship He said that Sunday en- joyment varied according to the in dividua1 and that many sought amuse- TRyy a nf hall a cited the favorable decision given in the dance-hall case on SteepIechase Island last year and said that no in-t reference with church services could be claimed. ending by saying that 9s per cent of the people here were in its favor.
 Prosecuting Attorney Delaney stat ing that while he personally favored the game, as an official he could do nothing but uphold the law as it was passed. That he considered it far bet ter morally to have the public wit messing ball game than watching or participating in crap games and card playing where profanity and innaor ty prevail.
 That while he had been made thel putt of accusa ton because he rode in his automobile on Sunday he had con- stftutfonaI rights upon which he would stand and that while he had personal views favoring baseball they wouldn't interfere with his professional duty. i, Though the baseball law might be ob- loxious it should be upheld until pub ic feeling caused it's repeal
 He then broke down the defense of necessity or worship by showing that specifically prohibited sports and ex- 'mpted only certain classes of work on the Sabbath. A decision of Chief Justice Baldwin in the sale of tickets o an amusement enterprise, found to 'e a violation, was quoted after which conviction was asked
 Judge Wilder said that there were ! ut two questions of law for decision ' md that questions of fact were ire ( evant. First, Is Sunday baseball in t of the law Second, were the ( risoners guilty of playing ball on f Sunday. He said: "In view of the last . ction of the Legislature in which spe- < fal exemption is made for certain : orns Of labor, do not see anything hat can be construed to permit Sun ( harged. With the exception of Van- 8 egrift, not proven to be there, un- f CT the statutes and evidence must f harged with violation in this case < were the proprietors I should impose
 substantial penalty, but in this in- tance will fine each player but $15. t king bonds for appeal at $50 each.''
 An appeal was taken and bonds for ach played arranged by the local ! President O'Rourke who coupled a, prominent place in the f. oq1rt during the trial left the build 1g at once.