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July 01, 1976 - Image 12

Resource type:
Michigan Daily, 1976-07-01

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Page Twelve


Thursday, July 1, 1976

PaeTev H ICIA AL hrsaJl ,17

TORONTO (/P i- A county court jury, last night,
acquitted the Detroit Red Wings' Dan Maloney of an
assault charge, which stemmed from a fight during
a National Hockey Lea ue game earlier this year. But,
with the verdict, the jury issued a statement asking
for the end of violence on the ice.
The jury of eight women and four men deliberated
nine hours and 25 minutes at the end of a six-day trial
before freeing Maloney of the charge of assault caus-
ing bodily harm against Toronto Maple Leafs defense-
man Brian Glennie in a game in Toronto last Nov. 5.
After issuing the verdict, jury foreman Raymond
Bower got permission from Judge Patrick LeSage to
issue the extraordinafry statement saying the jury was
unanimous in stating that "these actions are in no
way condoned by us."
HE SAID the jury asked that measures be taken to
see that similar incidents to the Maloney-Glennie clash
do not occur in future.
However, the statement emphasized the jury's view
that on the evidence and on the law Maloney was not
guilty of breaching the Criminal Code.
The charge against Maloney was placed the day after
he had knocked down Glennie from behind and, accord-
ing to his own evidence, tried to lift him from the ice
to get him to fight. Doctors testified Glennie apparently
suffered a mild concussion.

acquitted by court

After discharging the Detroit player, Judge LeSage
told the jury that he considered their verdict a proper
one on the evidence and he described the jury's com-
ment on hockey violence as "very proper."
MALONEY was charged Nov. 6, a week after On-
tario Attorney-General Roy McCurtry had proclaimed
that the Ontario government would not tolerate? vio-
lence in hockey games.
Maloney testified he was angry and frustrated be-
cause Detroit was trailing Toronto 2-4 and he also
felt Glennie's check had been illegal. The Detroit
player was given a five-minute penalty following the
Glennie told the jury the incident had left him with
no hard feelings toward his opponent. Following the
incident, the Toronto player was kept in hospital over-
night for observation and return to the lineup in a
few days.
Before the case was given to the jury yesterday, the
Crown moved unsuccessfully that a mistrial be de-
clared on the contention that the chances of a con-
viction had been lessened by the fact that the CBC in
its national TV news Tuesday night referred to the
maximum penalty for Maloney should he be convicted
-five years' imprisonment.
THE JURORS had not been isolated until they re-

tired to consider thetir verdict and might have heard
the broadcast, Crown counsel Robert McGee said,
Judge LeSage denied the motion but in his charge
to the jury emphasized that its members were to pay
no attention to anything seen or heard outside court
and also that the consequences of heir verdict were
of no concern to them.
Three hours after being locked up, they returned to
the court to ask the judge to instruct them-which
he had done before-on the legal definition of an
assault and on the meaning of "implicit consent" as
it might relate to hockey players being willing to accept
rought play as part of the game.
JUDGE LeSAGE gave them the Criminal Code defi
nition of assault and told them that obviously, when
person engages in a hockey game, he accepts a degree
of roughness inherent in the game but which might be
regarded as criminal assault in other circumstances.
"If I put on hockey skates and go into an arena," he
said, "it would seem that I am consenting to certain
degrees of violence."
But the criminal law extended to hockey arenas, and
unbridled violence was not allowed. And there were
legal limitations to consent, either expressed or implicit.
For instance, if the jurors were satisfied that Ma-
loney intended to inflict harm or injury they should
find him guilty. But the Crown had the job of proving

Lynn, Rice, clobber Orioles, 6-4

By The Associated Press
B O S T O N - Fred Lynn
collected four straight hits and
went into hiding, so Jim Rice
held court for a while yester-
day after the Boston Red Sox
completed a three-game series
sweep with a 6-4 victory over
the Baltimore Orioles.
Lynn, who had a freak triple,
three singles, a stolen base and
two assists on perfect throws to
the plate and second base, dod-
ged post - game interviews in
Boston's otherwise happy club-
The se.'ond-year centerfielder
apparently is disturbed by boos
and comments from some fans
critical of his status as one of
Boston's three unsigned play-
After Lynn storted the deci-
sive sixth inning with his
triple, Rice comnleted the
three-run rally with a tie-
breaking homer.
"The home run was on a
fastball inside," Rice said as
many players clorned, throw-
ing water and ice and spray-
ing shaving cream in the club-

"That's where everyone has
been pitching me lately and it
has been the reason for some of
my problems," Rice said. "I
switched to a lighter bat today
for the first time. It lets me
whip the inside pitches."
"I certainly hope this will
start to turn things around
for us," said Boston captain
Carl Yastrzemski, who drove
in Lynn with the tying run
and then scored on Rice's
The Red Sox completed the
series sweet) while handing Bal-
timore's Wayne Garland his
first defeat.
Garland, who had won eight
in a row, carried an American
League leading earned run av-
erage of 1.82 into the game, but
was shelled in a decisive sixth
inning started by Lynn's freak
Lynn, the 1975 Most Valuable
Player and Rookie of the Year,
got the gift triple when his
grounder took a tricky bounce
away from first baseman Lee
Maty and rolled into foul terri-

tory down the right field line. Pittsburgh starter Bruce Ki-
son was touched for nine hits,
the last Rick Monday's RBI
double in the ninth, before
PITTSBURGH - Richie needing relief help from Bob
Zisk's two-run triple featured Moose. Moose gave up two Chi-
a four-run sixth inning and the cago runs on an RBI grounder
Pittsburgh Pirates held on to by Joe Wallis and a sacrifice
defeatthe Chicago Cubs 75 fly by Jerry Morales before
last night. saving the game for Kison.

Giants gun
Thomasson drove in three runs
with a double and a single, and
Ed Halicki fired a seven-hit-
ter, leading the San Francisco
Giants to a 10-2 victory of the
Houston Astros yesterday.

Major League Standings
East East
w L Pct. GI i W L Pet. GB
New York 43 26 .623 -- Philadelphia 50 20 .714 -
Cleveland 36 33 .522 7 Pittsburgh 41 29 .586 9
Boston 34 35 .493 9 New York 39 37 .513 14
Detroit 34 35 .493 9 St. Louis 31 41 .431 20
Baltimore 34 37 .479 10 Chicago 30 43 .411 21t,
Milwaukee 25 41 .379 lI', Montreal 24 43 .358 241
West west
Kansas City 44 27 .620 - Cincinnati 46 28 .622 --
Texas 39 30 .565 4 Los Angeles 42 33 .560 41,
Oakland 36 37 ,493 9 San Diego 38 36 .514 8
Chicago 33 37 .471 10' Houston 34 41 .453 12
Minnesota 33 39 .458 11 Atlanta 33 41 .446 13
California 31 45 .408 15' San Francisco 31 47 .397 17
Late game not included Late games not included
wednesday's Games
Boston 6. Baltimore 4 wednesday's Games
New York at Detroit, ppd., rain San Francisco 10, Houston 2
California 2, Chicago 1, 10 innings Pittsburgh 7, Chicago 5
Kansas City 4, Minnesota a St. Louis at New York, ppd., rain
Oakland at Texas, n Philadelphia at Montreal, ppd.,
r Only games scheduled rain
Today's Games Cincinnati at San Diego, n
Detroit (Ruhle 5-3) at Baltimore Atlanta at Los Angeles, n
(May 5-4), 7:30 p.m.
New York (Figueroa 9-4) at Today's Gamaes
Cleveland (Dobson 9-5), 7:30 p.m. St. Louis (Forsch 2-2) at New
Boston (Jenkins 6-8) at Mil- York (Koosman 7-6), 2:05 p.M.
wankee (Slaton 8-6), 8:30 p.m. Philadelphia (Underwood 4-1) at
Oakland (Mitchell 3-5) at Kan- Montreal (Carrithers 3-6), 8:05 p.m.
sas City (Bird 8-1), 8:30 p.o. Los Angeles (Fau 6-5) at San
California (Ryan 6-8) at Chi- Diego (Strom 7-7), 10 p..
eago (Brett 3-2), 9 pum. Only gamers scheduled

PITTSBURGH Pirate second baseman Rennie Stennet hurdles Manny Trillo (19) of the Cbicao
Cubs, as he completes a double play in action, yesterday. Pirate shortstop Frank Taveras (10)
watches the play. Richie Zisk's two-run triple led the Bucs to a 7-S win.

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