Every evening, Wilmington daily commercial., 1918-08-23
SUNDAY BASEBALL
DECISION EXPECTED
THIS DAY ONE WEEK
Case Stated is Presented Before
Judge Churchman and Ar gu
ncnt is Heard.
NO WRONG SAYS DEFENCE

Sunday baseball, as played over the
bridge" at Harlan field, WAS threShed out,
this morning, pro and con, before Judge
Churchman IN Municipal Court. y
decision will be handed down this day y
week. Judge Churchman promised, IT he
possibly could formulate 1t by that time
None of the players or officials IN
terested in the two games which furnish
The. basis of the ease were IN court, hay
ing already entered pleas of not guilty
through their counsel William \ Hill'S,
and excused from attendance until their
presence should actually be required. No
evidence was taken, Mr.. tiilics ana Us
sistant City Solicitor Maliov having
agreed some davs ago that Tins would dc
unnecessary and that they would agree
upon certain facts IN the matter ana
present stated case for the consideration
OF the court following II up with arEu-
mcnt
This was what was done this morning
Mr. Hillcs Tor the defence asked Tor a
reasonable reading OF the law, statute
passed away back III l1q5, ON the basis that
It contemplated the punishment oi an
entirely different class OF mlsdcmcAnor
than The playing of game OF baseball on
the sabbath baseball being scientific,
athletic rccr,ntion. not such gambling
game or sport aS cock-fGhting. or horse
racing The State contcndcd for STREET
reading Of the law.
TIM FACTS AGREED tToN
The ease stated or facts agreed
upon rs submitted hy the lNo attorneys,
WAS aS follows
In the Municipal Conrt nf the City
of Wilmington and the State oi Delaware
state of Delaware vs. John | Carlln.
Harry Lake, Zinn Beck. Fred Payne.
Gus Get. John \ Nc(iowan. otto g.
Wagner, Milton \ Walker, William p
Conroy. LEO 4 Dresser. Howard Bark
low, Herbert MctiInlcy, Thomas Stcc II,
Albert Thoorshcin. GcOrg, Dumonf lo-
scph Ilv,lc. Edward Charity. Hugh lan-
noN. tl,o rraisInan Samuel Lennon dnd
William ] NotciS
1T il agreed b and between John 7
NIallnv. city solicitor for the city Of
Wilmington. and William ; llilcs at-
tornc& for The several defendants above
named. fha; the above stated cases shall
he triod anon the following agreed state
mCnt Of facts
.On Sun,ial afternoon, August clcv-
rntL. nineteen hundred anI eighteen, he
defendant together with the other de
PENDANTS above nameG mot on the base
hall field IN Soufh Wilmington for the
p1;rDosc If PLAYING baseball, and on that
afternoon did play baseball on the sand
field That the saId George Dumont ana
the following named persons, John i.
Ca-lin. Iarry Lake Zinn Beck, Frrd
Paync, Gus Cictz. John 4. Nc(iowan. Otto
& Wagner, Loo A. Dresser Edward
Charity and William ]. NoIfcr> were I'll
employees Of the Bethlehem Shlpbmldng
Corporation, Ltd, and the remaining
defendants, TO wit. Milton \ Walker,
William r. Conroy, Howard Bark
low, Herbert Nlctnnicy, Thomas steele,
Albert Thoorshcin. Joseph iiyde, Hugh
Lennon, Abe Pra,Sman and Samuel Len
nox were employees OF the New York
Sh,pbuildine Company, Camden, New
Jersey. and that said baseball was played
on the private property Of the saId Bethlc-
hem Shipbuildng Corporation, Ltd. with
lis approval and consent sand baseball
field Is fenced. and admission 70 the
grounds could onlv he secured by per
mission 81 those having Chargc hereof
That on the sand eleventh day Of
August. nineteen hundred snd eighteen
admission IA the said baseball ground
was confined 50 far Is the management
thereof was concerned, TO employees OF
the said Bethlehem Shipbl!ding Corpora
ton. Ltd, the Puscy and Jones Company
+ du Pont de NcmouTS and Company,
and their respective families, soldiers and
sailors in the service of the United States
government, and their families and
employce Of the New York ~hipbuldiug
COMPANY ANY other persons admitted
If any such were admitted, were neither
upon the invitation oi nor with the per
mission Of the defendant or any other
defendant. or OF the owners or those hay-
ing control OF the SAID grounds No
admission Zee Of any kind was charged
and no compensation OF any kind pald to
the PLAYERS The only financial 1ransac-
ton of any KIND involved waS voluntary
collection taken from among the spec
tators and PLAYERS for the benefit OF the
American Red Cross
The said grounds are located in an
unIrnproved section of the city OF VII
uington. far removed from any churches,
Sunday schools. and with but few
dwellings III the neighborhoOd and>0 far
- is known, no complaint has been
made by any resident Of the neIghborhoOd
Of anv disturbance or any other matter
In connection with what went on AZ the
time aforesaid There was no disorder,
loud noise Of any kind, and no disturb
ancc was created thereby, or by anything
whic took place within the said grounds
The question submitted Tor the con
alteration and determination Of the court
is whether this defendant and the other
defendants, similarly charged, have vloiat-
ed any law Of the State
Signed John + Afalloy Vim : Hllles
Mr. Hilles opened the argument lie
said he wished first 10 ask for reason
able Interpretation Of the law, not an
unreasonable one and he failed to sec
any reasonabeness IN the application oi
the statute Of 1895 to the two particular