Every evening, Wilmington daily commercial., 1918-08-23

games which constituted tho case Of the
State Reasonable Interpretation, Mr
Hilea went on, makes the statute
liberal one, unreasonable makes 1t IN
impossible one. Under certain conditions
il might even he said ministers, choir
singers. operators of railroad trains ana
automobilists violate it, showing now
far unreasonable Interpretation might
be carried The law was passed, MT
Hiles continued, to protect the deeehoy
and morality of the community ouch
game rs baseball wasn't WITHIN It's pur-
view
The men involved, he SAID, were men
who work all the DAYS of the week, and
some of them nj night, Many OF then
have no real home life, because they live
In boarding HOUSES or lodgings hey
have no place to 90 on Sunday except
the streets. What shall they do IN the
way of recreation something IN the
way of a perfcctly moral decent thing,
like baseball. or something of contrary
nature?
The games of baseball the accused men
played all employees OF the Harlan
shipbulding plant or SISTER concern
the New York Shipbuilding Co took
place inside enclosed grounds, lar re-
moved from the heart of the city or any
place where they were likely to interfere
with religious services, were orderly III
every way. were for pleasure and not
CONDENSATION and no admission fec was
charged, the spectators beng present
upon invitation
Furthermore. MIR lilies said, the dc
PENDANTS can not be property convicted
rs charged Tho information against
them says they did game, and the
whole cOrroboratiOn of tho phrase Is
gambling In support OF this, nc sun
mitted citations from cases elsewhere,
and argued that carrying the thought 10
It's logical conclusion convection Tor play
ing baseball. such as that PLAYED ~
Harlan field on Sunday, would mean that
the PLAYING of such games as cribbagc,
chess, backgammon III one own nome on
Sunday is unlawful Baseball, MIR fiilies
insisted. isn't in the Same class Of games
rs horse racing and rock fighting, but Is a
scientific game nf skill, and TO include It
rs among games prohibited by the act
would make the law 50 elastic as 10 include
All such sports aS arc not now objected
10 as sabbath rccrcations-
In conclusion. Mir IhllcS submitted q
number Of cases from other Jurisdictions
in support of his contentious. Mr. Mai
Ion said the state contends baseball +
game within the meaning of tho word as
used in the prohihitivC statute. which IN
his opinion, contemplated difference
between games that are simply games
ana others that arc gambling, and that
certain slmplc games are prohinltcd Just
rs is gambling. baseball beng clearly N
tnc category The State dorsn say Il
lsturi.s religious functions but docs saN
ii Is among those weekly diversion winch
arc prohibited on Sunday. such aS dancing.
The intent 81 the Legislature, ~ framing
the act. he ~aid was 70 prevent crowds
assembling ~ play games
At The conclusion Of the argument
Iudgc Churchman said he would Try %
have his decision ready ncvt Friday
The following are the defendants
John Collvcr welfare superintendent
Harlan plant. William : MCGOWAN.
lnnpirc. and Players George II Dumont
Carl Rav. leo Dresser Fred r. Payne.
John " Cole, Edward Charity. Zinn
Beck. Eugene Elsh. John L Carin, VII
ham j Walters. Byrd Lynn. Harry
Rcmillcr. George L Winters George
Maugus. Norman WInEat" Harry Lake,
Clement 4 Carney Canhy ". smith.
William q. Martin. John G. Carhn.
Harry AXE Gus Cctz. Otto c Wagner.
Milton 4 Walker William r Conrov,
/. Howard Barlow Herbert Nce'InieN'
Thomas steele. Altcrt ChccrShcin -
~eph Elydc Hugh l.cnnoX, Ahc irai~man'
~imIcl lcuno>