The Birmingham age-herald., 1909-01-24
HEAVY VERDICT IN
 FLORIDA AGAINST WHOLESALE GROCERS JuryAwards S25,OOO Damages to Wholesaler Frozen Out"
 By the Association
MAN ASKED S2OO,OO AS
 DAMAGE TO BUSINESS
Federal Judge Charges Jury That the Southern Association Is Illegal. President Van Hoose At
 tended as Witness.

Consolidated Grocery company ct al.,
 suit to prove an alleged combination of
 wholesale grocers to control prices and
 In restraint of trade, was decided in the federal court at Jacksonville, Fla, yes
 terday afternoon and the plaintiff, ac-
 cording to a telegram received, was
 awarded $25,000 damages In view of
 the suit of Hinton G. Clabaugh vs. ].
 A. Van Hoose, president of the South
 ern Wholesale Grocers' association, which is now pending in the circuit
 court of Jefferson county, the case is l one of local interest.
 1 The suit brought by MT. Hammond in ] the Florida court was quite similar to
 the one brought by MT. Claoaugh in the 1 Jefferson county court. In his suit MT. l Clabaugh alleges that the Southern | Wholesale Grocers' association of
 which MT. Van Hoose, the defendant. is
 president, is a combination to control
 prices and in restraint of trade in viola l tion of the sherman antitrust act. l In explanation of MT. Hammonds
 suit against the Florida wholesalers
 The Florida Times Union, published in ! i following to say;
 Hammond is represented by Bisbee & 1 Bedell, of this city, and asked damages
 in the sum of s20O,OOO against the whole l sale grocers in Florida, whom he charges
 with being members of the association.
 "rhe style of the case is Hammond vs. i the Consolidated Grocery company ct al.
 'aThe list of defendants includes the
 following The Consolidated Grocery com
 pany c. w. Bartleson company, J. H.
 McLaurin & Co, W. B. Johnson & Co.,,
 Baker & Holmes company, United Gro | cery company, Stringfellow Bros. & Co.,,
 Hilsborough Grocery company, Miller Willard Grocery company, c. H. liar | graves company, Jacksonville Grocery
 company, McNerny Grocery company and
 the Wright Grocery company. Hammond, who began his suit several years ago, has by the necessity of secur-
 ing certain evidence, been kept from trial l by the usual red tape of the wheels of
 justice
 'He alleges that he began a wholesale i grocery business at Orlando, Fla, in
 March, 1905, and that he was compelled
 to close his business owing to the ef-
 fects of the association of grocers' in-
 huence with the large producing firms.
 Easing his suit on these allegations, 1 Hammond is seeking to prove that the ] combination existed and that it was
 through It's influence that he was forced ] out of competitive business with other
 firms who were members of the associa- 1 tion
 Should Hammond be successful in proving his allegations, prosecution by
 the government would likely follow"
 The Hammond case went to trial on
 Wednesday week ago and has been the
 source of much interest in Florida in view of the prominence of the defendants. l The jury returned its verdict late yester- day afternoon.
 l MT. Clabaugh, who is suing MT. Van | Hoose, has attended the trial of the l Florida case. In a letter written several | days ago to a friend in Birmingham Mir. | Clabaugh had the following to say with | reference to the case:
 'In nutshell the plaintiff proved be- | yond all shadow of a doubt that the l Southern Wholesale Grocers' association
 was and is an illegal combine and Judge 1 Locke of the federal court for the north l ern district has already stated that he will
 relieve the jury of the obligation of de- ciding that and several other facts.
 "The honorable judge has already stat | ed that ne will, in substance charge the l jury that the Southern Wholesale Gro cers' association Is illegal combine. etc, and about all the jury will have to 1 decide is how much damage Hammond is | entitled 70; how much he actually lost | and how much he would have made had | he been permitted to continue in busi l ness unmolested, in addition to general damages.
 Mind YOU, wish to say a good deal of the testimony failed to tally with the written evidence and when tie witness was confronted with this fact he could only say he didn't remember, must have | done it but he didn't remember MT. Van Hoose came down to the trial and was a witness.
 "The evidence introduced showed con clusively the direct active connection be- tween the local associations and the Southern Wholesale Grocers' association, and Judge Doggett of the counsel for
 the defense was called down by the court for arguing about the prominence of the wholesalers involved and trying to show the organization was justifabe The court informed counsel that the jury would be charged on that score and to confine his arguments to other points, The court remarked that the speech might sound very well in the halls of congress but not in court. Hammond made an affidavit that he would maintain prices and counsel for defendants laid great stress on the fact that Hammond had done so and was equally guilty. Hammond also made the | statement that his father, who was in- | terested with him, was also interested in | retail business and the association | claimed he was therefore not entitled to | buy goods from first hands.
 "The court has ruled the combination | is illegal without reference to whether |
 merchant Is a wholesaler, retailer, broker, | any two of them or all of them. It sim | ply holds it to be illegal, in restraint of | trade, fixing prices, etc., and tie jury | hands in the amount.
 "Mr. Van Hoose was also asked on the stlind whether he was the same Van Hoose who was the defendant in a suit | in Birmingham and he replied that he | was and that it was most iniquitous | suit. He said he would easily clear him