New-York tribune., 1919-09-06


Attorneys Joseph Auerbach andT
Charles H. Tuttle for Colonels T. L.
Huston and Jacob Rupert, owners of
the Yankee Club, went to bat yester-
day and knocked Ban out of the box.
Attorney Stephen Baldwin, representing
the considerably molested and mussed
up despot, requested time cut to warm
up and the hearing was continued until
Monday afternoon.
Attorney Auerbach led off for the
Yankees legal team. He is oratorically
ambidexterous and seems able to mur-
der a fast or slow objection. A
curved metaphor has no terrors for
him. He reviewed the case of Mays
from the Yankee side, throwing so
much pathos into the recital that some
Of the listeners were forced to step
outside to weep. Colonel Tillinghast
LHommedieu Huston, whose nature is
. sympathetic one, seemed scarcely able
to choke his sobs.
Mays Hit on Head
The lead-off attorney showed from
affdavits that Carl Mays had been hit
on the head by baseball during the
&ducs d1tcT WHICH lie IS alleReQ 10 nave
run out on the Boston Club Umpire
Hildebrand has stated in .an affidavit
that the blow was glancing one, but
Attorney Auerbach contended that the
party beaned was the best judge of the
velocity Of the ball and the force of
the impact. Which seems reasonable.
Attorney Auerbach also revealed him.
self as a Yankee enthusiast who does
not yet believe that the American
League pennant race is in. While at
tempting to show that J ohnso sons action
in arbitrarily suspending Mays might
have been inspired by the fact that
johnson was a part owner in the Cleve-
land Club, a contending team, the at
torney appealed to Harry SparroW.
"We participate in the benefits of
the worlds. series, do we not?" asked
the attorney.
Certain moneys" replied the bus
mess manager Of the Yankees, non
commitally.
Attorney Tuttle went after the
crushed Gear without gloves. Ban
Johnson, who has never ducked the
spotlight until the Mays matter sud
denly made him of most retiring dis
position, sat in the rear of the court
room. He heard himself characterized
as the unmoiested Gar of baseball,
holding that position because OF the
supne acquiescence of certain clubs.
He was denounced as attempting to
make the great national pastime
Russian sport for q Czar.
The attorney showed how Johnson
on his own admission was in fact part
owner Of the Cleveland Baseball Club
and that he had taken no steps toward
suspending Mays while the club in
which he was financially interested
had a chance to secure the service of
the pitcher.
Violation of Constitution
Tuttle then showed that Johnson's
arbitrary action was in violation of the
American league constitution and that
the power of sclplining Mays, if
Mays had done anything to call for dis
cipining, was vested solely in the
Boston Baseball Club. He showed how
johnson had usurped the powers of the
board of directors of the American
League, through the supine acQuies-
cence of certain clubs. He declared
that the attitude of Johnson was tyr
annical and un-Amercan.
Mr. Auerbach dwelt upon the fact
that the offence alleged against Mays
was not one committed on the field.
"Did he spit tobacco juice in the eye
of an umpire?" demanded Mr.. Auer-
bach. Did he hurl pop bottle at
spectator? He did not. He merely
broke down after being struck on the
head and was found later in the club
house crying" Then the attorney re-
counted run of hard luck that had hit
Mays while he member of the
Red Sox and almost had his auditors
crying.
Later Mr. Auerbach settled down to
swinging at every ball that came over.
He declared that Johnson had become
so insolent that he had given himself
constitution fci himself and that he
L. +lo solo Il
provisions and the sole administrator
of them. He declared that Johnson
had that arrogance Of office that comes
to men of despotic minds.
Attorney Auerbach denounced John
sons practice of having his umpires
sleuthing around the dugouts listening
for scandal to bring to the Gar He
intimated that the umpires of the
American League we're "creatures" of
Johnson. at his beck and call, and that
their evidence was to be taken as such.
Assumed Dictatorship
In suspending Mays Mr.. Auerbach
declared that Johnson had assumed a
dictatorship over the American League.
according to Mr. Auerbach. LAS Mr.
Johnson has college education, l will
put 1t in the words of Shakespeare
This man says in effect, 4 am Sir
Oracle, and when l open my mouth let
no dog bark"
Life continued to be just one sub
pena after another for the late Czar
of the American League. AS Part
Owner Johnson Of the Cleveland club
was leaving the courtroom in the morn
ing he was served with a subpoena re-
qu}ring him to produce in court copies
Of all letters he has written in the
swers received in relation to the Mays
case.
Martin A. Schenck, one of the pinch
hitters of the legal team of the New
York Yankees, served Ban with the
subpoena and handed him dollar bill
Ban tucked the bill into his waistcoat
pocket. He has been served with enough
subpenas in this case to defray good
part of his expenses to New York.
Some surprise was expressed as to
how Ban arrived in court in the after
al %l,z