Category: Mark Baldwin - This Game Of Games

Thus Endeth The Baldwin Affair

3/30/2016

Pittsburg, Sept. 5. - In the United States Circuit Court this morning Judge Marcus W. Acheson handed down an order dismissing the plaintiff's appeal in the suit of Chris Von der Ahe, the base ball magnate, and the victim of the famous kidnapping case, against Harvey A. Lowry, Sheriff of Allegheny County, and John McCleese, warden of the jail. The appeal is dismissed for the failure of the appellant to comply with the law and rules of Court pertaining to appeals and to take out a citation and file the record with the clerk of the Supreme Court within the time required by law.

-Sporting Life, September 10, 1898

Washington, D.C., Sept. 8. - News has been received at League headquarters that the Baldwin-Von der Ahe damage suit, which was decided against the St. Louis ex-manager several months ago, was ended at Pitsburg Tuesday by the attorney of the St. Louis magnate paying the amount of the Baldwin judgment, in the neighborhood of $3000, together with the costs, something over $1200.

-Sporting Life, September 10, 1898

In a post on March 19, 2014, while writing about Von der Ahe's fall, I promised that I would, at some point, go through the Baldwin Affair. Almost exactly two years later, I've done it and feel that we are all better people as a result. I have nothing left to say about the Baldwin Affair and have no energy to write some long piece putting it all into the context of the Players' Revolt and the trade war between the AA and the NL. I'm all Baldwined out.

The Baldwin Affair: Settled or Not Settled? Part Two

3/22/2016

The story telegraphed from St. Louis that the suit of pitcher Mark Baldwin against Chris Von der Ahe had been settled only applies to the St. Louis end of the litigation. Baldwin has not compromised the judgment he was awarded in the local courts against the St. Louis magnate. Attorney C.A. O'Brien, who has charge of Baldwin's interests, stated yesterday that the case at this end still awaits a hearing in the United States Supreme Court. "The $4000 deposited on behalf of Von der Ahe some time ago to cover the Baldwin judgment and Nimick claim, and also to secure his release from the county jail pending an appeal to the highest court, is still in the hands of a Pittsburg trust company," said Mr. O'Brien, "and I only wish that I was as sure of some other matters as I am that the higher court will decide the case in our favor after having heard the appeal."

-Sporting Life, April 30, 1898

So, not settled.

The Baldwin Affair: Settled or Not Settled? Part One

3/21/2016

The celebrated case of Mark Baldwin against Chris Von der Ahe has been dismissed and Baldwin pays the charges. Baldwin sued Von der Ahe to recover $2700 judgment secured against him in Pittsburg for alleged illegal arrest and imprisonment. The kidnapping of Von der Ahe grew out of the case, which has become famous in base ball litigation. Baldwin pays all the costs growing out of the case, and it is understood that he was successful in compromising with Von der Ahe in that he loses nothing. The terms of the settlement can not be learned, as Von der Ahe simply says that the case has been dismissed, but will not state on what grounds or what the compromise was.

-Sporting Life, April 30, 1898

If you've followed along with the story of the Baldwin Affair, you know that nothing was ever as simple or clear as it seemed. Even here, at the end of the story, there were still twists and turns left.

The Baldwin Affair: Bete Noir

3/17/2016

Ex-pitcher Mark Baldwin - Von der Ahe's greatest bete noir - still loves base ball, and occasionally umpires semi-professional games in the vicinity of Pittsburg.

-Sporting Life, October 8, 1898

I found this yesterday while wrapping up the research on L'affair Baldwin and had to post it so that I didn't forget about it because I just love the description of Baldwin as Von der Ahe's "greatest bete noir". I think it's a perfect description of their relationship.

Also, this little squib got me thinking a bit about Mark Baldwin as a person. Within the context of this narrative - within the context of how I'm telling the story of the Baldwin Affair - Mark Baldwin is the villain. All good stories have to have a hero and a villain. They have to have conflict and a climax and a resolution. Sometimes there's even a denouement. And to fit the Baldwin Affair within that classic storytelling framework, Mark Baldwin has to be the villain.

I guess if you wanted to, you could make Von der Ahe the villain of the story but that's not the story I want to tell. Von der Ahe is - within the pages of This Game of Games - the hero of the tale. He's a great but misunderstood figure who has never gotten his due as a result of historical forces aligned against him. That's the party line. That is the official editorial policy of TGOG. Now that's all inside baseball, historiographical stuff that's of no real interest to anyone but me but it's true that I could tell the story of the Baldwin Affair and portray Von der Ahe as the villain. He was not - to say the least - without sin in all of this.

But Mark Baldwin really wasn't a villain. Go read Brian McKenna's biographical essay of him at SABR to get a sense of the man. He was, by all accounts, a good person and an educated man who, after his baseball days were finished, became a doctor. So he enticed Silver King to join Pittsburgh. Big deal. King was a grown man and responsible for his own actions. He had already jumped ship once. Baldwin should have went to jail because Silver King hated Chris Von der Ahe and didn't want to play for him? Von der Ahe was really the guy who put all of this into motion when he conspired to have Baldwin arrested. He was the guy who dragged the thing out for seven years.

There was a lot of stuff going on in the early 1890s - a lot of forces at work that were changing the business of baseball. Baldwin didn't create those forces. He was an instrument of them. He represented the conflict that existed between the players and the owners and between the owners of the NL clubs and the AA clubs. Mark Baldwin was just a ballplayer who got caught up in all of this. Was he acting on his own when he tried to get players to jump to Pittsburgh? I seriously doubt it.

The Baldwin Affair is a fascinatingly complicated thing. It's not just one story but several. It is large; it contains multitudes. It's emblematic of the Players' Revolt and the trade war between the NL and the AA. It's about the relationship that Von der Ahe had with his players. It's about Von der Ahe's sense of persecution and his dogged stubbornness. It's about the collapse of Von der Ahe's baseball empire. It's about the late 19th century American legal system. And it's also about Mark Baldwin and what he had to put up with for years.

In the end, it's unfair to portray or think of Baldwin as the villain of this story. This is a part of greater tale. It's part of the Fall of Chris Von der Ahe. Von der Ahe ends up in a Pittsburgh jail as a result of his own faults. He ends up losing his ball club as a result of his own faults. It's fits the classic definition of tragedy. And it's all Von der Ahe's fault.

The Baldwin Affair: The Clipper Catches Us Up On The Story So Far

1/8/2016

Chris Von der Ahe, principal owner of the St. Louis Club, of the National League and American Association, was kidnapped at St. Louis, Mo., on Feb. 7, and taken to Pittsburg, Pa., by a couple of detectives from the latter place. The arrest was made at the instigation of W.A. Nimick, former president of the Pittsburg Club, who went on Von der Ahe's bond when the latter was arrested at Pittsburg on the charge preferred by Pitcher Mark Baldwin. The litigation between Baldwin and Von der Ahe was commenced in 1891 and grew out of a suit between the National League and the American Association. Baldwin was connected with the Pittsburg Club, of the National League, and Von der Ahe was president of the St. Louis Club, of the American Assocition.

The former went to St. Louis to see Pitcher King, and was arrested on a charge of conspiracy preferred by Von der Ahe. When the case was tried Baldwin was discharged. He then brought suit against Von der Ahe for malicious prosectuion and asked $10,000 damages. Von der Ahe was arrested in Pittsburg and Nimick became his surety. The case was tried twice and verdicts given both times for $2,500. Von der Ahe appealed to the Sumpreme Court, but the lower court was sustained. As nothing was secured on an execution issued against Von der Ahe and the sheriff made a return that the defendant could nto be found in the county, his bondsman, Nimick, decided to have him brought to this city to forestall proceedings for recovery on the bond.

Von der Ahe and the officers arrived at Pittsburg on the evening of Feb. 8, and was released inside the jail door by means of a writ of habeas corpus secured late that evening by his riends after a lively altercation between the detective and Clerk Gamble, of the United States Circuit Court. J. Scott Ferguson, Von der Ahe's attorney, went his bail in $2,700 for his appearance in the United States Circuit Court on the following day. Half an hour after his arrival at Pittsburg Von der Ahe was again a free man, and walked down the street with his lawyers.

-New York Clipper, February 19, 1898

This is a nice summary of L'affair Baldwin from the Clipper and is the first part of a long article that caught their readers up on everything that was going on with Von der Ahe. Oddly, there wasn't much of anything in the Clipper the week before, which is why I turned to Sporting Life for information. Thankfully, they were covering this thing thoroughly and, after I post the rest of this Clipper article on Monday, we'll turn back to Sporting Life to see what they have to say about all of this nonsense.

The Baldwin Affair: Full Of Fight

1/4/2016

The case of Mr. Von der Ahe, who was kidnapped in St. Louis Monday night, was given a hearing before Judge Joseph Buffington, of the United States Court, on the writ of habeas corpus to-day [February 9]. The Court room was filled with lawyers drawn there by the unusual points of law raised by the case. Von der Ahe, ruddy and hopeful, came early with his counsel, J. Scott Ferguson. He smiled at his friends and frowned at his captors. He seemed to be full of fight. Opposing the application for his release from custody were Charles A. O'Brien, R.B. Scandrett, A.O. Fording and Charles Washley.

The Law Points.

Judge Buffington said he would not hear testimony as to the facts in the case, but would hear the counsel as to the questions of law involved in the writ. The first argument was made by Mr. Ferguson. The burden of his contention was on the difference between following a bail absconder and one allowed to depart freely and voluntarily by the bondsman from the jurisdiction of the Court. He cited a couple of cases covering the questions.

Since the act of 1842, abolishing imprisonment for debt Mr. Ferguson held, the bail had no right to arrest a debtor and surrender him to the Sheriff. In other words, the bailor had no recourse with an absconding bailee, who could not be reached, except to pay the amount of the bond and trust to the bailee to pay him.

A Point For The Defense.

Judge Buffington remarked that if the act of 1842 took from the bail the right to arrest a bailee in a civil case, the logical result would be that the bail in a criminal case would also have no right to arrest the bailee. Mr. Ferguson reluctantly admitted that it would, which would entirely break down the bail system. He said that their main contention in the case was that there had been an invasion of a sovereign State by men of another State, and one of the citizens of the first State forcibly abducted and is being unlawfully detained.

Not Legal Procedure.

Mr. Ferguson argued that the bail bond was a contract made in Pennsylvania and could be collected only in Pennsylvania, under the act of 1842, by some process of law, issued from some court. He argued that there was no request to Von der Ahe to return to Allegheny County. "I can prove," he said, "that when Von der Ahe was arrested he offered to settle the amount of Nimick's bond, but that was refused, because Mark Baldwin wanted him brought here and placed in jail."

Chris' Testimony.

Von der Ahe was then called to the stand. He was asked about the letters that passed between Mr. Nimick, his bondsman, and himself. He said Nimick wrote that he would hold off as long as he could, but when he would be sued he would expect his money. He replied to that that he would send the money as soon as he was notified by Mr. Nimick. He said when he was arrested he asked Detective Bendel to go with him to Attorney Glover in St. Louis, and he would settle the case. Bendel would not allow this. That ended the testimony.

Strong In Technicalities.

Mr. O'Brien surprised the spectators by the forcible case he presented for the surrender of Von der Ahe to the custody of the Sheriff of Allegheny county. He met Mr. Ferguson at every point with decisions against his contentions. Lawyers not interested expressed the opinion that Von der Ahe is beaten and that he will have to pay the Baldwin judgment or go to jail. Judge Buffington made no remark during the hearing that would indicate what his ruling would be. It is expected he will decide to-morrow. In the meantime Von der Ahe will have to remain here under bail.

Sporting Life, February 12, 1898

I really don't believe that Mark Baldwin was behind the abduction of Von der Ahe as every piece of evidence we have shows that it was Nimick who had Von der Ahe seized. If it had been Baldwin masterminding all of this, the Baldwin Affair would be a much, much better story.

I also don't believe that Von der Ahe was willing to settle the amount of the bond the evening he was taken. It just sounds to me that Von der Ahe was trying to talk his way out of all of this and I'm not altogether certain that he even had the money to settle up.

The Baldwin Affair: A Most Extraordinary Process

1/1/2016

Mr. Nimick is president of the Pittsburg Transfer Company. The process under which Von der Ahe has virtually been kidnapped and made a prisoner is one of the most extraordinary in legal history. There is no special law or laws covering it. In the words of Blackstone, it is a common law and has existed "as long and far back as the memory of man runneth." The counsel for Nimick in this procedure say they have opinions that will sustain their action before any Court of justice.

A Sweeping Claim.

They say that any person having become bail for another State of the Union and the person bailed having absconded or having failed to satisfy any judgment that may have been rendered against him in any civil action, that his body may be taken from any other State. This, they show, in the brief, can be done without requisition papers. In other words, the body of the person bailed belongs to the individual who bailed him. He or she, according to the stand of Nimick's attorneys, is the prisoner of the bailor. The latter is his jailer. The latter owns his body until such time as the judgment has been satisfied or the bailor gives him immunity from so doing. Pitcher Baldwin sued Von der Ahe for salary and secured judgment. Mr. Nimick was on Von der Ahe's bond.

Lawyer Ferguson Disagrees.

Attorney Ferguson took Mr. Von der Ahe to his home with him to spend the night. The lawyer said:

"We are going into court to-morrow morning, and if the Court decides that this outrageous St. Louis seizure, called an arrest by courtesy, is legal, the prisoner can be taken by the Sheriff and turned over to answer for the forfeited bond. But if the writ of habeas corpus is allowed, Von der Ahe cannot be arrested before he has had reasonable time to get out of the State. His arrest was entirely illegal."

The attorneys under whose direction the capture was effected last night say they were prepared for the move to keep Von der Ahe out of jail. Their object is to have satisfied the claim of W.A. Nimick for his forfeited bail, and they claim that even if the habeas corpus proceeding is successful and Von der Ahe is allowed his liberty he may be immediately rearrested.

Nimick And Scandrett's Views.

W.A. Nimick, who is behind the present arrest, said to-day: "Owing to Von der Ahe's failure to appear it was necessary for me to pay $1000 as his bondsman or produce him. I wrote him several letters asking what he proposed to do, and he has evaded them. If he does not settle the judgment he must go to jail."

Attorney R.P. Scandrett said to-night: "We anticipated the habeas corpus proceedings which were brought and we notified the Sheriff of Allegheny County to be on the spot to give us a receipt for Von der Ahe's body. If the Sheriff was not there and we had to take a receipt from the United States Circuit Court the Sheriff would be responsible for whatever complications arise. We have the best legal authority for our step, including the opinion of Judge Story."

More Trouble For Chris.

When Von der Ahe arrived at the jail tonight Mark Baldwin, out of whose case against Von der Ahe the trouble grew, had his attorneys and his father there, but they made no objection to the habeas corpus proceeding. W.A. Nimick's action, to recover his $1000 bond given to prevent Chris' arrest in Pittsburg, in the Baldwin affair, is entirely independent of the pitcher's affair, but Baldwin is almost certain to take advantage of Von der Ahe's enforced presence in Pittsburg to collect the $2700 which a few days ago was finally awarded to him in his famous case by a decision of the Pennsylavania Supreme Court. From this Von der Ahe had no appeal, except before the United States Supreme Court.

-Sporting Life, February 12, 1898

I like the phrase "arrest by courtesy." I don't know exactly what it means and a quick search didn't turn up anything but it sounds good. Whatever it means, it has to be a better description of what happened than "kidnapping."

I've always said that to understand what happened to Von der Ahe between 1897 and 1899, when he lost control of the Browns, one needs to be an attorney and an accountant. I am neither and I sometimes struggle to understand the specifics of what was going on with Von der Ahe. The stuff is complicated beyond measure and I'm just a simple historian trying to wade through it all. I'm just doing the best I can to make sense of all of it. Some days are better than others.

And on that note, I wish all of you a Happy New Year with the hope that 2016 will be better than 2015.

The Baldwin Affair: Troublesome Times

12/22/2015

The Supreme Court at Philadelphia, Pa., on Jan. 3, affirmed the decision of the Common Pleas Court at Pittsburg in awarding Mark Baldwin damages in the sum of $2,500 against Chris. Von der Ahe, president of the St. Louis Club. The suit grew out of charges of conspiracy made by Von der Ahe against Baldwin during the troublesome times of the Brotherhood strife.

-New York Clipper, January 8, 1898

So Von der Ahe fought the decision all the way to the Pennsylvania Supreme Court and lost. You have to admire the man's moxy but it would have been so much cheaper, in the long run, to just have paid Baldwin off. It also would have saved him the humiliation that was soon to come.

The Baldwin Affair: Today We Learn The Definition of Supersedeas

12/21/2015

Mark Baldwin, the ex-professional pitcher, on Aug. 2, at Pittsburg, Pa., entered suit for $1,000 against W.A. Nimick. The action grows out of the damage suit of Baldwin against President Von der Ahe, of the St. Louis Club, for false arrest, in which he got a verdict for $2,525. Baldwin issued a capias for Von der Ahe's arrest, and entered judgment against him for the amount of the verdict. Nimick went bail for Von der Ahe in the sum of $1,000 on the capias proceedings. Von der Ahe has appealed to the Supreme Court, but Baldwin alleges that he has not given bail to obtain the supersedeas. The plaintiff claims Von der Ahe has never appeared to pay off the judgment, and Nimick is responsible for $1,000 which Baldwin's counsel holds should be paid on the judgment. W.A. Nimick was some years ago president of the Pittsburg Club.

-New York Clipper, August 14, 1897

I don't even know where to begin with this.

Earlier in this little series of posts, we learned what a capias warrant was and now we get to learn about a supersedeas bond. Wikipedia, quoting Black's Law Dictionary, defines a supersedeas bond as "[A] bond required of one who petitions to set aside a judgment or execution and from which the other party may be made whole if the action is unsuccessful." According to The Law Dictionary.org, supersedeas is a "writ ordering the suspension or superseding of another writ previously issued. It directs the officer to whom it is issued to refrain from executing or acting under another writ which is in his hands or may come to him."

The capias warrant, for which Nimick posted the bail, was issued to force Von der Ahe to appear in court to face Baldwin's charges. Von der Ahe did appear and I have no idea why that money would have to be forfeited. The money wasn't paid as a supersedeas bond, as even Baldwin admits. But I'm not a lawyer and don't know much about all of this.

What I do know is that Von der Ahe hadn't paid Baldwin his money by August of 1897 and Baldwin wanted his money. Von der Ahe, however, was still appealing the decision. He had tried to reach a compromise with Baldwin, although you have to think that they were way too far down the line for that, and it's obvious that he wasn't going to pay Baldwin until he absolutely had to do so.

The Baldwin Affair: It Was All Starting To Pile Up

12/18/2015

Mr. Von der Ahe, in the breach-of-promise suit of Miss Anna Kaiser, has received a change of venue on the ground that it would not be possible for him to secure a fair trial in St. Louis. After hearing testimony to that effect, Judge Spencer granted the change to any Circuit Court outside St. Louis.

-Sporting Life, March 20, 1897

Not directly related to the Baldwin Affair but this goes to the point I was making yesterday about the problems Von der Ahe was about to face and how his financial burdens were becoming unbearable. He was getting sued by Annie Kaiser at the same time he was fighting Baldwin. There was an inevitable divorce on the horizon, his club was a scuffling, last place team that no longer was bringing in the cash it once did, the economy had left his real estate investments worthless, he was pretty much broke, and his ballpark was going to burn down. Von der Ahe was in for a couple of tough years. And the Baldwin Affair was still unresolved.