The New York herald., 1921-08-02
NO Crime TO THROW
Games, IS DEFENCE
Bill Maharg and Bill Burns
Denounced as Perjurers
in Baseball Case.
ROTHSTEINEXCORIATED
Why Are Not Abe Attell and
Hal Chase in Court?
Counsel Demands.
TRIAL IS NEARING END
Accused Players Rely on Alb
sence of Statute Covering
Charges Against Them.

SAai 40 rs oliApU Il liANihs
spc-<ai Despatch to THE NEW YoRK HERALD.
CHICAGO. Aug. 1.-Bill Maharg, one
time prizefighter, and Bill Burns. base
ball player. both star witnesses for the
State in its prosecution of the athletes
and alleged gamblers charged with the
baseball scandals of 1919, were branded
as deliberate perjurers by the defence
to-day in the closing arguments for
the men accused of betraying the
sporting public.
Henry Berger, leading the charge of
tho defence, made the assertion after
declaring that 1t was no crime to
throw a baseball game in Illinois: that
the State had not shown that a game
was thrown in the disputed worlds
series and that Charles Comiskey
started the prosecution because he was
not satisfied with getting $4,000 from
the series but felt that he should have
had $4,000 or $4,000 more.
In his final appeal Mr.. Berger asked
the jury to consider the suffering al
ready undergone by the players and
their families. He cited that new act
of legislation framed to provide prison
section for athletes who conspired to
"fraudulently play" would not be effec-
tive until next July.
Burns and Maharg are the aces OF
the Defence" declared Berger. Burns
is the club ace. He played with the
team, and his testimony was given from
that standpoint. Maharg Is the ace of
spades employed to dig up the details.
Both deliberately committed perjury in
an effort to get the $4,000 reward of
fered by Comiskey.
why Is Rothstein Immunes
Assume that the States evidence Is
true. For the purpose of argument ad-
NIT that the games were thrown. That
is not criminal. At the worst, II would
be a violation of contract, and you can't
Jail a man for that"
Defending Cicotte, Gandil and their
five teammates the attorney said the
Cincinnati nine won five out of eight
games two seasons ago because 1t was
better team.
lie charged that the State prosecutors
were seeking to punish the ball players
on trial in order that Ban Johnson
president OF the American League. might
avenge personal grievances against
Comiskey, whose team was wrecked
when the players were indicted
Ban Johnson is the complaining wit
ness in this case" Mr. Berger said,
"and no one else"
1t was limited in the course of argu-
ment that Arnold Rothstein, New York
gambler. whose bank book is said to
have furnished 100000 for the tossing
away of the series, escaped indictment
because he is walking bank"
why isn't Abe Attell here? Why
Isn't Hal Chase here?" Berger asked
Where are Sport Sullivan and Rachel
Brown? Why take punishment for their
sins out on these fellows7'
Berger argued the law in the case at
hand. He said the Illinois law which
makes IL a crime to throw a baseball
game. for money or not will not go
into effect until July /, 1922. lie eA-
huIned a most venerable patriarch of
legal lore. the "scintila Of evidence"
whose existence he denied. He also
produced an earthly and marine novelty
In the form OF "seafaring highway
man." but failed to connect him either
with the mysterious scourge of the seas
that has sunk so many ships Of late or
the inland pirate" Of tictional fame.
Calls Trial a Farce.
The "seafaring highwayman" ap-
peared In a legal precedent to show that
confessions were OF little worth as 20
actual facts.
The State is asking you to believe
that some of these worlds series games
of 1919 were THROWN" said Berger
"All right, for the purpose of argument
I will admit it. But that does not con-
stitute crime. Every wrong does not
constitute a crime. A man was tried In
California for throwing ball game,
and the courts held this was no crime.
The playing of the whole series was
q gamble. What was its purpose? To
get the coin. What do these owners of
ball clubs have series for and talk
about batting averages and fielding
averages and the winners shares. Every
game Is a chance game
They never called an umpire. they
never called sporting writer thew
never called a single soul from the
thousands who saw these ball games 10
ask them whether they saw a misplav.
IL there was anything wrong with any
play In any game they would have had
thousand witnesses here
ON the law, this case is a Joke. II is
a farce. I'd characterize IL as n comedy
were II not for these men who are sitting
here and the wives who have suffered
ever since the indictments were returned.
DO you think their women folks have
thought It comedy? But II Ia a farce
III by any mistake OF chance you men re-
turn a verdict of guilty, that farce will
turn into a tragedy"
Michael Ahearn. special counsel for
George Weaver and Charles Risberg. was
the second speaker In the dcfencc's ten
hour attempt to talk their clients free.
The state has utterly failed to prove
conspiracy" said Ahearn. THE most
u has done Is to prove that there was an
agreement made and always operative In |
cincinnati, and which at no time got into
Chicago or Illinois. for the White sox
to lose the first two games.
1T is no crime to throw a baseball
game in Illinois, hence one canont con-
spire to commit a legal act ergo. ali tho
defendants In the baseball cause celebre
should be acquitted. The most shown Is
q violated contract. For the sake OF ar
gument the proeecution's charges OF
throwing the 1919 worlds series are ad-
n1itted."
FATHER AND SON ON FACULTY.