New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-28
Buck w eaver
And Felscll to
Escape Penalty
Court Asks 2 Players and
Fork Be Released When
Charges Against Two
Lewis Are Nolle Pressed
Eight of Sox Team Called
Gleason and Collins Among
Those on Way From Cap
ital to Go on Stand
Special Dispatch ~ The Tribune


CHICAGO, July 27.-Five defendants
fn the White Sox conspiracy trial will
GO free or be granted new trials. The
states case against them collapsed
when the charges involving Ben and
Eouis Levi, alleged st. Louis gamblers,
Mere nol-prossed by George f. Cor
man, Assistant States Attorney. Judge
Hugo NJ. Friend sought also to have the
cases against Happy" Felsch. Buck
Weaver and Carl Zork. of st. Louis,
fiol-prossed.
81 feel there is very little evidence
against the alleged conspirators. If
the state will not consent to nol-pros
the cases against them it will be my
duty to instruct the jury to disregard
the evidence that has been submitted
relative to them he said.
Jury to Pass on Five Cases
Attorney German refused to have the
cases dismissed and they will go to tho
jury. Judge Friends instructions to
the jury, however, are expected to re-
suit in their freedom, which means
that, as the case now stands, the. jury
will have a chance to concern itself
only with the guilt or innocence of five
defendants.
Word was sent to Washington, Where
the White Sox team is playing a series
with the Senators, that seven players
and Trainer Stephenson must return at
once to testify at the trial. The play
ers who have been called by the de-
Tense are Mans ger Gleason, Ray
Schalk, Urban Tsber, Eddie Collins,
Harvey McClellsn, Roy Wilkinson,
Harry Stephenson and Dick Kerr.
They are expected to depart for Chs
cage tonight.
David Zelcer. of Des Moines, was the
first witness to-day for the defense.
His testimony, on direct examination
by Attorney Max Luster, was a cate
Burns which implicated him with Abe
Attell in the baseball conspiracy. He
offered an alibi, which he hopes to sub
stantiate by the testimony of three
witnesses that on the day of the al
legged New York conspiracy he was in
the Hotel Sherman. Chicago, preparing
to go to Cincinnati for the opening of
the series. He denied that he is pro-
fessional gambler and said he is in the
advertising business with his brother
in Des Moines.
On cross-examination he admitted
he had bet on the series and that he
The contention of the BLACK Sox"
defense that Billy Maharg- and Burns
had offered their testimony to the
state as part of move to collect
$4,000 reward from Charles A. Comis-
key was again brought forward to-day
when Maharg fell into the hands of the
cross-examiners.
Maharg Sticks to Story of Plot
Maharg stuck fast to the story that
the throwing Of the 1919 world series
had been proposed by the players them
selves in the Ansonia Hotel conference
in New York, as described by Burns.
His detailed account of the meeting
with the gamblers and players agreed
in all details with that of Burns. He
produced sensation toward the close
of his direct testimony, however, by
bringing in the name of Arnold Roth
stein, New York gambler.
when Attell refused to pay the
money that he had promised the play
ers," Maharg testified, al went to New
York and l called on Rothstein."
Because of objections by the defense
he was not allowed to tell what Roth
stein said to him.
On cross-examination the defense at
torneys returned again and again to
the old feud between Ban Johnson and
Charles A. Comiskey in an attempt to
force Maharg into admissions that his
testimony had been obtained to wreck
the White Sox team.
Glow did you come to tell your
story?" he was asked.
81 told it to Jimmy Isaminger. a
Philadelphia sporting writer" he said.