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Show PINES DOWLi 545 FOR SLUGGING IPS Judge Hears Details of Af fair and Hands Assailant Assail-ant Back $5 Special to The Tr bune OGDEN Aug 2o Arra gned before Acting Mun c pal Judge E H Bau monk on a charge of assault and bat tery Will am Dowl ng second baseman of the Ogden baseball club pleaded gu lty th s motn ng to the attack upon Umpire Bert Spencer dur n" the game of Tuesday August 18 and was fined $45 There is a poss bil ty according to Sergeant O H Mohlman the c ty s con pla n ng witness that compla nts w 11 be filed aga nst both Dowl ng and Spencer for the alleged use of obscene language the test mony today br ng ng out such evidence but th s is un 1 kely Apparently the police court tr al wh eh was attended by a capac ty crowd that completely jammed the oom, is the end of the affa r that has been so widely d 8 ussed during tue past week At the conclus on of tho tr al Do vl ng and Spencer shool hands nd cat ncr that there s 1 ttle chance for further hostili es Ori the w tness stand the Ogden player ex p e sed h s regret over the atta r Ser f, ant Mohlman and Munic pal Judge AS H Beeder we e the other w tnesses u add t on to the Jefendant h mself The ump re was g ven an opportun ty to te t ty but he sa d that the pol ce office had tol 1 the sto y He d d put one or t vo quest ons to Dowl ng re gar lng the language that had Deen used Judge Reeder Disqualified When the Dowl ng assault case was called by Clerk I Fulton Judge Reeder expla ned that he had attended the game at wh ch the trouble took place and was the efore d squal fied as iur st because he was a w tness Under an agreement between Act ng C ty Attorney Wade Johnson and Attor ney Charles R Hollngsworth counsel for Dowl ng Mr Baumonk was elected to pres de as -udge For h s cl ent Attorney IToll ngs orth waived the read nt. of the complaint and also en tered a plea of gu Its The attorney for the c ty e ggested that some of the officers be heard regard ng the t ouble at the baseball park Serjeant Mohlman test fied that he saw Dowl ng called out by Ump re Spencer on str kes atter wh ch the playr throw the bat in the d rect on of the game ofti Jal After Dowl g hid wall ed o t to the p tcher s box accord ng to the officer somebody 1 auded n m the bat he had used As Do 1 nt turned to wall toward the Ogden placers bench Sergeant Alohl mac sa d that n oro words wh ch he could not hear seem n ly passed be t veeu the two after wh ch the Ogden flaver wh rled around w th the bat anl struck Spencer der t left arm The follow ng day the officer sa d that 1 e had called upon Spencer at h s hotel to ascerta n the extent -of the n nury he had re e ved There was a bruise but the swell ng had largely d s appearej he sa d Shortly afterward he si d he bad talke 1 to the phys c an who attended Spencer and was assured that Spencer s condit on was not se r o s In answer to a quest on put by Attorney Johnson a to where, the trou ble 1 ad taken place tho pol ce sergeant sa d he was not certa n whether it was a baseball game or pr ze fight Spencer Adds Few Words When requested to state h s b de of th natte Ump ro Spencer sa d Tho officer has told everyth ng there s t tell except that th s fellow used a lot of rotten language and I came t ght back at im With the same k ndt asked At to ney Holl ngsworth iio r repl od Spencer The attorney for the c ty then re q ested that Judge Reeder be asked to test fy Th s was agreeable to the de f nse Tho mun c pal udge added son e deta Is to the story of Sergeant Mohl man stating for example that it was Dowl u s fourth t me at bat and that he had prev ously struck out tw ce dur ng the afternoon He told of the player throwing the bat wal ng toward the players bench and then urn ng abo t to str 1 e Spencer with the bat The Ige si d he could not hear the words that passed between the two n en but thought he heard the sound of the ba str king the ump re n the s de Dowl ng next took the stand in h s own defense He sa d he had been hav ng a hard day of it but had no n ention of h ttmg Spencer w th the bat even after he had thrown it He also den ed hav ng thrown the bat at the offic al but n h s temporary anger he had s mply thrown it to get t out of h s hands After the bat had been ban led to h m by Bost ck the shortstop of the Salt Lake club Dowl n" sa d he had started toward the Ogden bench ha ng been ordered out of the game by "pencer and it was h s intent on to gp o t e clubho se at once Both Called Names 11 was then he declared that Spencer ca.lle 1 h m two v le names which he re eated n the court room I next saw him that even ng tes fed Do v an 1 t u h m that I felt I shoull do someth ng for him He d B 1 we oth lost our heads a d I don t want to prosecute He s emed to be n good health but the ? t me I eard from him he was su osed to be in bad shape When an.ed if he des red to asl the w tness pi s quest ons pencer sa d D d I call you those names before or after you ctlled n e the same l m es? As I remember t repl ed Dow 1 vn we we e both s ng the names ab ut the sa e t me Th s closed tho case so far as test nony was con erned lor the defense Attorney Hollingsworth called the at tent o of the court to the keen base ball rivalry that has always ex sted be tween Salt Lake and Ogden assert ng that cond t ons had been worse than 0 cr this season lie said that amp e la t ng had always been a part of the gan es play d by the two lub anl that t was txtrem ly nf rt ate tl it Sp cr had off c a d as an ump re after 1 av ng been a men ber 1 tJ Salt Lai e cl b Asks Low Fine The attorney added that noth ng could be said in defense of Dowl ng s attack upon the offic al and he n erely les red to recommend the lowest fine the court could cons stenily see fit io ad n n ster In sumn ng up the case for the c ty Attorney Johnson declared that both of the men were at fault and that had thev settled the r differences out be h nd the barn instead of on a baseball field before several hundred people he m ght ba e been induced to peek around the corner to see who was get t ng the best of it As matters stood he sa d there could be noth ng but a heavy fine for the defendant Altho gh at the t me a pres ding ludge Mr Baumonk also proved him selt something of a baseball fan by asse t ng that he had always regarded an umpire as a square md vidual who always d d his best Even at that he sa d he had occup ed the bleachers and grandstand and rooted as loud as the next one when he thought the ump re was making m stakes because 1 ke any human be ng the official at a baseball game is bound to err at t mes He then assessed the fine of $45 Th s amount b $o less than the sum depos ted by Dowl ng for h s appearance in court Dowl ng immed ately drew down the extra $o and was released from cnBtody |