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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1180 James J. Lodge, Cross Examination. of the licensed manufacturers, and what transpired at those meetings. I wish you would tell me any meeting of the licensed manufacturers that you ever attended, Mr. Lodge? A. I would rather — in fact, I will decline to answer that question. It does not bear on this case at all, and unless I refresh my memory by looking over the testimony, I could not answer that question. Q. I will permit you to do that. A. If the counsel present will allow me to continue this, I will do so. Q. There is your affidavit in that case, if you will look it over and refresh your memory. Mr. Grosvenor: I object to the last question except in so far as it refers to the meeting of December 18th, which was testified to by this witness on direct examination. As I recall the direct examination, I made no reference to any other meetings, therefore any cross examination as to what may have transpired at any other meetings is improper. Mr. Kingsley: This question goes directly to the credibility of the witness, and is therefore a material and proper question. Counsel is testing his credibility. By Mr. Caldwell: Q. Have you refreshed your recollection now, Mr. Lodge, by reading this affidavit? A. Yes. As much as a man of my age can do so at this time. Q. You have sworn here as follows : "At meetings of the licensed manufacturers and the Patents Company preceding the formation of the General Film Company, it was stated that every licensed manufacturer would have the privilege of becoming a subscriber for stock of the General Film Company, and my understanding is that every one of the licensed manufacturers except perhaps the Melies Manufacturing Company, did acquire stock in the General Film Company." Now, can you name any meeting of the licensed manufacturers, Mr. Lodge, at which you were present, at which that subject came up for discussion? A. I could not name any one. I only know that it was discussed. Q. How do you know it? Were you there? A. I was present myself and also the president of my company was there and reported it.