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Wednesday, May 16, 1923
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PatneNews
No. 40
CRUISER GOES 39.2 MILES PER HOUR — All Navy speed records broken by Scout Cruiser Richmond at Rockland, Me.
RUSSIAN PRIEST AWAITS TRIAL— Exclusive pictures of Patriarch Tikhon, former head of Russian Church.
COMMUNIST DEMONSTRATIONS IN GERMANY — Invasion of the Ruhr the keynote of vast demonstrations.
OTHER NEWS FROM ALL OVER THE WORLD
Cohen To Testify
(Continued from Page 2)
Shortly after this verbal tilt Freeman walked into the room.
"Is this the Frank Freeman you were referring to just before Mr. Edison was on the stand?" interrogated Swaine.
"Yes sir, that is the man I was referring to."
"Do you still make the same statement with regard to this gentleman's veracity that you made a little while ago," Swaine asked, extending the telegram toward Boss.
"I still say that if Mr. Freeman wrote that telegram, that he wrote a lie," Boss replied.
Asked if he didn't think Freeman's memory with regard to the telegram would be as accurate as bis own, Boss replied that "Mr. Freeman's memory is probably controlled by his position." Boss stated that he himself was adhering to the truth, and that Freeman might do so if he followed the dictates of his conscience but that his affiliations probably submerged his accuracy of memory.
Leslie Wilkes, summoned last week by the defense with files of the original correspondence between Boss and the Paramount exchange dealing with his grievances against Famous Players, was asked by the Governmentlfo identify photostat copies of agredrn/nts under which it is alleged Famous Plaj'ers, through Huli/ Dallas, returned Boss's McAlester theater to Barney Resnick,
owner of the property, after purchasing it from Resnick when Boss's difficulties forced him to "get out from under."
Boss testified thai he trusted Freeman when the latter told him that as long as he, Moss, was in McAlester and showing Paramount pictures, Lynch would never offer competition there, and that he also implicitly trusted Joseph Gilday, Paramount exchange manager at Oklahoma City, when the latter told him that he could show two-day run pictures one day and get a future return date any time he chose.
Swaine made the witness admit that he knew all contracts were not valid until approved by the New York office, and read the stipulation on the contracts from several pictures that Boss has booked that they were to be shown for two consecutive days. Boss also stated that he was aware of the provisions of the contracts which made it plain that no alterations on the part of exchange managers would be considered as binding, and yet felt, he said, that Gilday's oral agreement with him, which he admitted was not in conformity with the express stipulation of the contracts that he signed in all good faith, would insure him the privilege of calling a picture back for a second day's showing whenever he wished.
Boss testified that he had never asked Freeman to put in writing his verbal promise that Lynch would never invade his territory, nor had he asked a written agreement from Gilday validating his verbal agreement or understanding, because as the witness said, "I trusted them."
The witness stated that he had contracted for star pictures, featuring the highest salaried artists under the Famous banner in 1919, at prices ranging around $35 and $40, and had presumed that this price would continue indefinitely. He said, however, when asked if he would have been willing to pay higher prices if production costs and salaries for stars became higher, that he would, asserting that "I am a reasonable man." The cross-examination of Boss will be continued at today's session.
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Schwab Resigns
Frank F. Schwab, house manager of Fox's Academy of Music has resigned.
Small Leaves for Coast Edward Small left for the Coast yesterday.
Emmett J. Flynn, A Goldwyn Director
Gotdwjn
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