The Barre daily times. (Barre, Vt.) 1897-1959, 1920-08-17
Twelve Men Drawn From
Other Places Than Barre
City in Blue Law Trial
SUNDAY RALL
AYER FINED
The Def Sc Will Take the
Cas- g the Supreme
) Court

On q = rial of the Sunday baseball
case, the jury in the previous case hav-
ing disagreed, and with new jury
drawn wholly outside the city. YER
dict of guilty was returned in Barre
city court yesterday afternoon against
George Mcdonald, one of the play
ers arrested Sunday, Aug. g. charged
with violation of the blue law" A
fine of So and costs was imposed by
Judge f. NJ. Harvey Of Montpelier
city court, who was presiding in the
absence of Judge +. L. Scott, who is
at Alburg; and the respondents at
torneys at once gave notice of deter
mination to appeal the case TO supreme
court and, accordingly, asked for stay
of sentence.
This case has attracted considerable
attention throughout the state because
Sunday baseball is played in ssome
counties without molestation from the
authorities and because plans were laid
in other counties to introduce Sunday
baseball should the blue law" be over
ridden in Washington county.
The jury in the trial yesterday aft
ernoon was composed of the following;
f. E. Perry, Barre Town; John J.
Sowles. Barre Town; Elmer Z. Owen,
Barre Town; Dan l. Page, Barre Town;
C. P. Kellogg, Plainfeld, Dean r.
Town, Plainfeld, Charles G. Robie,
East Barre; c. S. Cooney, East Barre:
NJ. D. Bancroft, Berlin.
The start of the trial was delayed
considerably when F. E. Heath, a
juryman originally called, stated that
a preiudiced opinion would prevent him
from rendering verdict on the evil
dence presented. Il was fully an hour
after the scheduled start of the trial
at o'clock, that H. NJ Bancroft was
brought from his home in Berlin and
placed in the jury box.
When the jury were finally assem-
bled the trial proceeded briskly. Six
witnesses were called by States At
torney Earle r. Davis to testify in re-
gard TO the proceedings on the Inter
city ball field on the date in question
Aug. S. They were w T. Gallagher
score keeper and reporter for The
! Times; Robert Susena, J. n. Gowdy
H. j. Slayton, Henry Lawson and Z. u
Sloan.
w. A. Lord and Joseph Frattini of
J Montpelier, the attorneys for the de-
Tense, based their case on the reading
of the charge, which charged McDon.
aid with having played the game OF
, baseball on that date. They argued
that as only half of one inning had
been played, there was no justification
for charging the respondent with hay'
Ijng played a game, since the rules oi
! the national sport declare that for a
! game to be valid, at least five innings
: must have been played. States Attor'
nev Davis, on the other hand, rea
soned that TO be guilty of playing bal
person had only TO throw bal
while the two teams were in action
{ against each other, regardless as e
whether or not the game went one oi
nine innings.
The testimony of all the witnesses
was more or less on that point. They
all agreed that ball playing had beer
D going on. though in most cases the
question as to exactly what took place
+ brought rather vague answers. Th'
combined testimony showed. however
that Mcdonald had pitched to eigh'
of the opposing team in the half IN
ming OF play.
The record Of such part Of the gam'
was played, as shown in the scor'
. book of the reporter, was entered a.
evidence by the attorneys for the de
fense. TO show that enough inning
e had not been played No substantial
e the accusation of playing a game.
1 Both sides stressed the basis of thei
e contention in the final address to III
{ iurv, and sarcastic references to state
d ments made by the opposing attorney
e fell thick and fast for short time
In giving the case over TO the jury
Z Judge Harvey interpreted the wo-
o game to mean any participation in
sport. regardless of the length of tim
ii was played. This appeared TO relicv
the iurv, as they then retired, and re
turned in about 20 minutes and ren
dered the verdict Of guilty. Judg
' Harvey sentenced Mcdonald thereupo
/, "a q fne Of two dollars. and costs o
i the prosecution. These costs have ret
; as vet. been figured up. Fifteen day
! was given the defendant TO hle eA
I. csptions. When sentence had bee
passed the counsel for the defense, Jo
sepb Frattini. asked that the sentene
. Be STAYED. and the case passed on
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