Evening star., 1919-04-11
BASE BALL SUIT
IN HANDS OF Jury
Baltimore ''Feds," Claiming
Antitrust Violation, Ask
100000 Damages.
CHARGE AS TO THE LAW

The Baltimore Federal clubs claim
for ssoo.o damages from organ
lied ball for alleged violation of
the antitrust laws was submitted
to jury late this afternoon. Coun-
sci occupied about three hours in
argument and Justice Stafford gave
an extended charge to the jurors out
lining the law of the case.
More than an hour was occupied
this morning in the discussion or the
instructions on law points. Counsel
for the Baltimore club submitted
six prayers based on the view OF the
law announced Wednesday by Justice
Stafford. Five of them were granted
The legal representatives OF organ
ized ball presented fourteen requests
for instructions setting forth the law
as they had argued IL to be. Justice
Stafford granted only three of these
requests.
The court allowed the request of
the defendants that a verdict must h.
in their favor if from all the evidence
the jury infers that the failure of the
Feds" in general and of the Balti-
more club in particular was due to
mistakes in business management
the nature of its circuits. the charac-
ter of its leaders. the quality of ITS
teams. the lack OF skilled players or
any other causes for which o. b. was
not responsible.
Previous knowledge Considered.
knowledge of the methods OF or
ganized ball by the Baltimore club
when il entered into the Federal
League should be considered by the
jury, the court admitted, with the
other circumstances of the case in de-
|termining as to what facts the dam
age. il any. was attributable.
derance of the evidence, that the Bal
timore club was damaged solely by
defendants acts the verdict must be
for the defendants. the court told the
jury.
Must Show Actual Damage.
The instruction that the plaintiff must
show actual damages in an amount sus-
ceptible Of expression in figures and not
mere conjecture or speculative damage,
was also allowed by the court.
Attorney w. L. Marburg opened the
argument for the Baltimore club and
was followed by Attorney George Whar-
Charles A. Douglas concluded the argu-
ment for the Baltimore Feds
Concluding Instructions.
In concluding his instructions to the
jury. Justice Stafford said:
The federal statutes declare that
any person who is injured in his
business or property by reason Of
anything done in violation of the
antitrust laws of the United States,
is entitled to recover damages. The
acts of the defendant. alleged and
proved. by way of maintaining the
system of organized base ball. consti-
tuted in law an attempt to monopolize
the business of competitive base ball
exhibitions for profit and as an in
separable part thereof. to monopolize
commerce between the states and
were done in violation of the anti
trust laws.
If Plaintiff Is injured.
IF such acts injured the plaintiff in
its business or property. the plaintiff
Is entitled to compensation.
In respect to those acts alleged to
have been committed by the defend
ant, with particula reference TO the
Federal League. and for the purpose
of removing that league as a competi
tor by persuading its officers and
members to break up the league, IL
such acts were committed as charged,
for the purpose and with intent of re-
mong the Federal League as a com
petitor and thereby perfecting the
monopoly attempted to be created by
the general system Of organized ball
referred to, such acts also were done
in violation OF the antitrust laws:
and il and insofar as they did in fact
injure the plaintiff in its business or