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2502 Fred C. Aiken, Cross Examination.
he testified about litigation in 1908, between the Edison and the Biograph Companies.
Mr. Grosvenor: I object to this as manifestly improper, being a reminder by counsel to this witness of the testimony he gave on direct examination. I have a perfect right to cross examine this witness, in order to test his recollection and the accuracy of his statements, without having brought to his attention everything he did testify to, and counsel well knows that is my right on cross examination. 9 Mr. Caldwell : You know perfectly well you have
no right to single out a single question from the witness' direct examination for the purpose of confusing him.
Mr. Grosvenor: Now repeat the question to him.
The question was repeated to the witness as follows:
"Q. That was the litigation you had in mind when you testified on direct examination, page 2331, Vol. IV: "Q. Was that litigation a matter of common knowledge in the business in Chicago at that time?
3 A. I think it was. Q. Can you state whether, in fact, that litigation had any injurious effect upon the business at that time? A. So far as I was concerned, it did."
The Witness: I don't know that that was the specific case, because I knew of the litigation for many years.
By Mr. Grosvenor:
Q. What litigation was it you had in mind when you said
4 in your direct examination that it hurt your business? A. I had in mind the litigation, this particular litigation, at that time.
Q. That is the litigation in 1908? A. Yes, sir.
Q. And particularly the litigation in Chicago, before Judge Kohlsaat? A. Yes, sir.
Q. And that was litigation in connection with the film patent, was it not? A. I think it was on the film and camera patents.
Q. Was it not particularly in regard to the film patent, upon which Mr. Dyer, of the Edison people, had brought