Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-07-23
DOCUMENTS ARE
MISSING IN THE
BLACK SOX CASE
Copies of Grand Jury Con-
LESSONS and Statements
Signed Waving Immunity
Can't Be Found.

| VI Lll0 81 anu Jul SOAAAShhASAA1 80
! which Eddie Cicotte. Joe Jackson
and Claude Williams, White Sox
players, declared they had been
paid from $1,000 to $4,000 to
throw games in the 1919 world
series and the statements they sign
ed waving immunity are missing,
it became known today when the
state began its fight to introduce
the confessions as evidence in the
| baseball trial.
The announcement came as a
dramatic sensation near the end of
today's session of court when the
state placed Hartley Replogle, for
mer assistant states attorney, who
directed the first grand jury in
vestigation of the baseball scandal,
on the stand and revealed that it
would have to depend on carbon
copies Of the confessions and on the
testimony of men who heard them
and who are said to have seen the
immunity waivers signed. The de-
Tense plans to contend that the
confessions were made involun-
tarily.
Judge Friend VIII Decide.
Judge Hugo Friend sent the jury
from the court room and will hear
all of the evidence in the matter
before deciding If it is admissible.
If he decides it is 1t will have
to be repeated before the jury. In
dications are that Williams. Cicotte
and Jackson will take the stand
during this private hearing to testi-
fy that their confessions were not
made voluntarily. Replogle. Judge
Charles A. Mcdonald and grand
jurors will be states witnesses.
This is the second loss Of papers
in the baseball case. copies of the
grand jury testimony having been
made and offered for sale in Chi
cago some time ago.
Fork the Instigator.
Previous to beginning the fight
over the confessions the state in
troduced testimony naming Carl
Fork of st. Louis, now on trial, as
the instigator of the alleged sell
out, and Ben and Louis Levy OF
Kokomo, Ind, as bet placers for
Abe Attell during the series.
Harry Redmon of East st. Louis,
ILL.,, testified that Fork, during a
conversation with him the day after
the fourth game of the series in
which the alleged game throwing
was discussed. said:
"And l, the little red head from
st. Louis, started the whole thing"
An Alibi for Fork.
Forks attorneys promptly an
nounced they would prove an alibi
for York, saying that he left for
ST. Louis at 9:40 p. m. that day,
whereas Redmon said the CONVEX
sation lasted from about s p, m. to
II D. m. Redmon, who was vigor-
ously cross examined by the de-
Tense. called Attorney Henry Ber-
ger liar when Berger declared he
was a bookmaker.
John Zeys. Chicago National
league club secretary, testified to
holding stakes on bets made by
Attell and the two Lewis and that
Attell warned him not to bet on
Cincinnati in the third game as
Chicago would win it. zeys' rela-
tions with the defendants appar-
emily was said to be accidental in
that he merely CHANGED to be pres
ent when bets were made and was
asked to hold stakes.
Voluntary Confessions.
Replogle testified that the con-
LESSONS were made voluntarily,
that he saw the immunity waivers
signed and that no one, to his
knowledge, promised immunity to
any of the men. He said Judge
Mcdonald had said something to
williams after confession about a
trial court probably taking into
consideration the fact that he had
voluntarily confessed.
D. P. Cassidy of Detroit, CT
cotte's attorney, cross examined
Replogle, but the latter did not in
any way change his original testi-
mony.
AFTER the confessions. when I
came here about bond for Cicotte,
didn't you and I talk about i'm
munity for Cicotte?" asked Mr..
Cassidy.
"Yes," replied Replogle, "but
that was several months after the
confessions"
"You remember a newspaper
story appeared the next day that
Cicotte had agreed to turn states
evidence for immunity"
IT don't remember It,"
when you took me to Judge
Macdonald and we discussed i'm
munity for Cicotte, didn't you tell
me you assured Cicotte that he
would be granted immunity II he
came here when wanted and testi-
fied?"
II did not"
"You mean you don't remember
it?"
IT mean to say I did not say 1t
any time anywhere"
Loss of Confessions.
Mr.. Replogle will be on the
stand again when court resumes
Monday, and probably will be fol-
lowed by Judge Macdonald and
grand jurors.
In a statement discussing the
loss of the confessions, Mr.. Cor
man said:
1--WE have information that a
fund was raised by eastern gam
blers to obtain these and other pa
pers. It is reported that $4,000
was paid for the grand jury testi-
mony, which was copied during a
previous administration. I do not
think this has weakened our case
in any way, for the grand jurors
can testify and Judge Macdonald
and Replogle can testify. am
confident that this testimony, now
being heard privately before Judge
Friend, finally will be submitted
as competent evidence before the
jury. We are not accusing anyone
of stealing these papers, but r pre-
sumo Il would be advisable to look
Cor than in the nuarters where