Evening star., 1942-03-19
Court Directs
AcquittaI in
Bread Case
No Evidence Shown
Of Price Fixing, Soys
Justice Goldsborouqh

Justice T. Alan Goldsborough
in District Court today quashed
the Governments Sherman Anti
Trust Act suit involving 4 charge
Of conspiracy to fix the price of
bread here.
The juriSt ended the case By
granting q defense motion for q di-
rected verdict OF acquittal. The jury
Of eight women and four men at
the direction of the court formally
returned . verdict Of acquittal.
This action came after Justice
Goldsborough had listened to long,
legal arguments by Government
counsel and defense lawyers, revolv-
ing around the problem OF whether
the case should be dismissed.
Defendants Exonerated.
The defendants include four chain
grocery concerns, two local bakery
unions and a dozen individuals who
were indicted on charges OF con-
spring to fix the price of bread in
the District in violation of the Sher-
man Act.
The four chains named as defend
ants were the Great Atlantic G Pa
ciflc Tea Co., the American Stores
Co. and its afhliate Acme Markets,
Inc, and the Sanitary Grocery Co.
Unions named as defendants were
Bakery Sales Drivers Local No. 33
and Bakers Local No. 1ls. Other
corporations named in the indict-
ment as defendants were Carl Byoir
and Associates. Inc, and its af1fiiate
Business Organizations, Inc, of New
York City and Chester M. Wright
and Associates, Inc. Of Washington
Individual defendants were John
A. Hartford. president; William
Fillmore Leach, president OF the At
lantic Division; Charles A. Schim-
mat, director Of labor relations;
Robert D. MacIver. director of op-
erations of the Atlantic Division,
and William Howard Glib, director
of bakery sales and production. al!
Of the A. and p: Carl Byoir, presi-
dent of the firm that bears his name;
Oliver Hoyem, 1908 X street NV.
vice president of Chester M. Wright
6z Associates, Inc; William Park.
president of American Stores. and
its vice president, Fred w. Johnson;
M. L. Langford, 3l25 Garfield street
N. w.. president of Safeway; Robert
C. Lester, business manager and
business agent Of Local Union 80,
and Charles B. McClosky. business
agent Of Local Union 118.
Departments Charge.
The Justice Department contend
ed the defendants conspired to
maintain uniform and non-com-
petitive prices Of bread sold by the
chain stores in the District and
that since 1888 chains have sold
bread at uniform prices collusively
established at levels higher than
similar bread Is sold In Maryland,
Virginia and Delaware, the indict-
ment charged, although prior to
that time bread prices in the Dis
trict were lower than In those
States.
The Government attempted to
show that the alleged conspiracy
prevented the A. and P. stores from
selling a lower priced brand Of bread
in the District, although it is gen.
orally sold in the surrounding area.
The two unions were charged with
having policed the price structure
in the District 'by exercising close
surveillance over the sales Of bread,
reporting and protesting attempts
to sell bread At prices below the
established price and refusing to
deliver any bread intended to be
sold at less than those prices"
Sees Lack Of Evidence"
Justice Goldsborough, In render
ing his decision today, indicated
that In his A years OF experience as
an attorney and jurist he had never
seen case so devoid OF evidence
that would sustain a conviction. He
had previous1y-at the close Of the
Governments opening statement to
the jury-refused to grant q defense
motion for q directed verdict with
out letting the case be heard by
the jury at all.
Justice Goldsborough ruled to-
day that under the Gundersheimer
case in the United States Court
Of Appeals, labor is entitled to tight
for its economic gains in the Dis
trict. and to work against the i'm
por,tation of bread or bakery prod
ucts, produced elsewhere at lower
wage scales.