The Birmingham age-herald., 1921-07-28
DEFENSE IN TRIAL . QF INDICTED S0X : YIN BIG VICTORY
Two Defendants Released. Three More Releases Are Promised and Supported
 AlibiS Presented
By Associated pr.ss

~-fSNo-t v D 0tS ht dCASASN -h the baseball trial today in three hours tore down the net work of evil dence woven by the state in seven days sufficiently to bring immediate freedom to two defendants, obtained tentative promise from the presid- ing judge for freedom for three others and presented an alibi sup ported by two witnesses and hume rous written records for sixth of the Il men on trial.
 As a result of the defense's first attack, Louis and Ben Levi of Ko- komo, Ind. walked out of court, legally free of any connection with the deal through which it is alleged Chicago White Sox players agreed to throw the 1919 worlds series for s1oo, 900. Buck Weaver and Happy Felsch, once idols of the American league, and Carl Fork of St. Louis, were promised acquittal by Judge Friend unless further evidence is presented against them, and David Zelser of Des Moines, Iowa, presented an alibi through his own testimony which was corroborated by witnesses and documents introduced as evil dence.
 TO Try to Free others
 Tomorrow the defense will begin it's task of trying to free Joe Jack son. Eddie Cicotte. Claude Williams, Chick Gandil and Swede Risberg.
 Va Eals and RizherR will testify in their own defense, with Chick Gandil probably coming next. The defense does not expect to finish before the middle of next week.
 The state rested it's case today after Billy Maharg of Philadelphia, gave testimony corroborating that previously given by Bill Burns, the admitted accomplice.
 The defense then presented mo- tions for dismissal of the charges against the Lewis, Fork, Felsch, Zel- ser. Weaver and Joe Jackson. The state promptly dropped the eases against the Lewis, but refused 70 take similar action for the others, holding that they might be further incriminated through defense testi- mony.
 Zelscr's AJibf
 Zelser testified that he was m Chicago September 2S, leaving that night for Cincinnati and arriving there september 2s, the day Bill Burns had testified he conferred with him in New York over the alleged conspiracy.
 Returning to Chicago after the two Cincinnati games. Zelser said he was confined to his hotel room here for three days through Illness.
 His testimony was confirmed by witness ,who went to a ball game here with him September 2s and then travelled to Cincinnati with him Hotel records confirming these dates were admitted as evidence, as were bills for drugs and medical service the days he said he was sick
 The testimony presented agains' Weaver and Felsch included only the statement of Burns that he saw them in 9 room in Cincinnati with other nlayers who were said to have been in the alleged conspiracy.
 This testimony was counteracted by his statement under cross exani- nation that he wasn't sure Weaver and Felsch were there.
 Harry Redmon of St. Louis. whr said Fork told him he was the little red head from St. Louis who started the deal.' is the only man who has 
 testified against York.
 The only evidence against Louis Levi was that he bet on Cincinnati, and Ben Levi was never mentioned | in the conspiracy.
 1 Congratulations | Buck Weaver and Happy Felscn were tonight receiving scores Of con eratulatory telegrams and telephone l messages from friends.
 Weaver said he wanted to get back 1 into major league baseball, but Felsch wasn't so sure about wishing l to play again.
 If Judge Friend takes the attitude l there can't be any doubt in any one : mind about my ,innocense, said Weaver I'm sure that no one will try to keep me out of baseball after that. I don't want to play with the White Sox any more. for I don't want to work for Mir. Comiskey. I'd like to be traded-preferably to New York or Cleveland-and play the outfield, my original position"
 If you play the outfield. then I'll play the infield," broke in Felsch. ->os--