In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1913)

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1178 James J. Lodge, Cross Examination. case? A. In the result I was, but not as to the additional remarks of the Honorable Judge. Q. Didn't you know that the United States Circuit Court of Appeals unanimously found that there had never been any contract for a license between your company and the Motion Picture Patents Company? A. I don't think they were quite as pointed in their remarks as that, were they, Mr. Caldwell? Q. They were. You knew that the Court found in that case as follows : "The equitable relief sought by complainant was properly refused by the Chancellor, on the ground of the false and fraudulent representations made by Lodge on behalf of the complainant to the Edison Company." You knew that, didn't you? A. I know it now; I believe you. Q. You know also that the Court found that those promises were made by you with no intention of keeping them, don't you? A. I know also that the defendants made a ruling in making the record of the case that they wanted a rescission of the contract, which the Honorable Court did refuse you, and I still have the license and the contract. Q. You know also that the Court found as follows: "This evidence convicts Lodge of making promises on behalf of the complainant with the then present intention of violating them?" A. Which was the sworn testimony of several of the parties, where they claimed an oral promise of mine which I never gave, and which was perjured testimony on the part of the defendants. Q. You knew that that was the unanimous finding of the three judges that passed upon the questions at issue in that case? A. Well, three judges? I will take your word for it. I did not know how many judges there were. I know wTe got the worst of the case, the same as a good many more people who ever fought against the Patents Company. Q. Mr. Lodge, in what other litigations have you testified against the Patents Company or the other defendants in this case? A. With all due respect to you, Mr. Caldwell, and other gentlemen present, unless counsel here advises me to continue this, I would rather decline to go any further or deeper into the case. Mr. Grosvenor: What is the question? Mr. Caldwell: I think the question is clearly