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316 William H. Swanson, Direct Examination.
ing to do with that particular line of goods. It was merely a misnomer. Those suits were brought for the purpose of intimidating exhibitors, as Mr. Dyer stated.
Mr. Caldwell: The last statement is objected to, and I move to strike it out as not responsive, and is entirely hearsay.
The Witness: Not hearsay. Mr. Dyer stated that to me. That was not hearsay.
Mr. Caldwell: I move to strike out the last response of the witness.
By Mr. Grosvenor:
Q. Do you recall how the selection of exhibitors was made? That is, how it was determined that — A. (Interrupting) : Mr. Dyer stated that he wanted to find exhibitors who did not have too much money, but had some resources, and were responsible, and they would have more regard for the dangers of litigation than some irresponsible exhibitors, and had Mr. Mithin, as secretary, investigate the financial standing of exhibitors before suit was brought.
Q. How many years had Mr. Kleine at that time been importing film? Are you able to state? Had it been for a number of years? A. Quite a number. I don't know the exact number of years. I had known him as an importer for a number of years.
Q. And had the exhibitors in Chicago and other cities where you had been doing business, been exhibiting his films for all this period? A. Yes, sir.
Q. These suits were all instituted in the year 1908, after Mr. Kleine left the Film Service Association? A. Yes, sir.
Q. State whether Mr. Dyer said anything when you called his attention to the low prices at which Kleine was giving service? A. ne said something in answer to my suggestion.
Q. State what it was, as far as you recall? A. I asked him if he did not think it was possible or feasible to eliminate that ruinous competition, and he said that he did not think that it was. I suggested that perhaps there might be the possibility of getting together with Mr. Kleine, and he agreed that that would be a very satisfactory matter if it could be arranged. I suggested that I would be very glad to act as an intermediary between him and Kleine for the purpose of