The Defense and Verdict

Abstract

This chapter examines the defense's arguments in the Baltimore Federals' Washington antitrust lawsuit against the American and National Leagues as well as the jury's verdict in the case. Organized baseball's attorney, George Pepper, discussed the substantive merits of the case, first by emphasizing to the jury the seriousness of Sherman Act cases and then attempting to minimize the impact of the plaintiff's evidence. Pepper's witnesses include Jim Gilmore, William B. Ward, Corry Comstock, and August Herrmann. After Pepper completed his argument, Charles Douglas issued a rebuttal on behalf of Baltimore. Then it was Justice Wendell Phillips Stafford's turn to make a decision: he delivered Baltimore a resounding victory, resolving every key question of law in the team's favor. This chapter first considers the defendants' witness testimony and each party's closing arguments before discussing Stafford's ruling on motions for a directed verdict as well as the jury instructions and verdict. It also describes organized baseball's response to the verdict.