At a called meeting of the Judiciary Committee of the Mo. S. B.B. Association, held at the rooms of the Union B.B. Club at St. Louis, Mo., on Wednesday evening, July 8th, 1868, at 8 o'clock, the following charges and specifications were preferred by the Empire B.B. Club, viz: -
That, in a match game of base ball between the Union and Empire B.B. Clubs, of St. Louis, Mo., played on the 18th of June, 1868, at the grounds known as the St. Louis Base Ball Park, the umpire of said game was guilty of a violation of the rules of the National Association of base ball players in this:
1. That he reversed his decision in the eighth innings of said game without cause, contrary to rule 7, section 6, of the N.A. of B.B.P.
2. That he so reversed his decision on an appeal by a member or members other than the captain, contrary to rule 7, section 6, of the N.A. of B.B.P.
3. That he did not, at the conclusion of said game, declare the winning club and record his decision in the books of the scorers, as required by rule 7, section 1 of the N.A. of B.B.P.
Upon a careful review of the evidence presented, the committee find that the third charge is sustained - that the umpire did not declare the winning club and record his decision in the books of the scorers...
The committee further find that the failure of the umpire to do his duty was solely owing to his own indifference and neglect, and was not the result of undue influence or fear of personal violence.
It is not in evidence that the captain of the Union nine remarked the neglect of the umpire and requested him to do his duty.
Had such request been made, and compliance therewith been refused by the umpire, without just cause, the committee believe that such refusal and failure of duty on the part of the umpire should not invalidate the game.
No such demand having been made on the part of the Union Club, and the umpire having utterly failed to do his duty as required...the committee...decide that the match game of base ball played on the 18th of June, 1868, between the Union and Empire base ball clubs, of St. Louis, Mo., on the grounds known as the St. Louis Base Ball Park, at St. Louis, Mo., must be held invalid, and cannot be recorded in the list of match games played in 1868.
-New York Clipper, July 18, 1868
On June 18 the Union and Empire Clubs met in the first game of the season’s contest for supremacy, the latter being the challenging club with the hoe of regaining the championship. Nearly 2,500 people witnessed the game, the interest in it being sustained by a close score throughout. The issue of this game caused the Empire Club to appeal it to the State Association on the ground that the umpire in the eighth inning after having declared one of the Empire players “not out” reversed himself at the suggestion of the Union captain and decided him out and for a second reason cited fact that the umpire failed to sign the score. This appeal was heard by the Judiciary Committee on the 9th of July and after hearing evidence took the case under advisement. This committee was composed of E.S. McKeon, of the Athletic Club, G.H. Denny, of Dirige, Jno. Halpin, Baltic, and C.P. Stener, Resolute. Their decision, when given late in the season, sustained the action of the Empire Club and declared this game invalid, necessitating the game which was played Oct. 14 and which was won by the Union Club.
-The Sporting News, November 23, 1895