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William H. Swanson, Direct Examination. 477
all since went out of business. Others have gone out of business that had their licenses cancelled, as well, since then.
Q. Do you know a man named Durant Church? A. I have seen him, met him, yes. sir.
Q, Did you ever at any time have any dealings with him in connection with any of the provisions of the license agreement adopted by the Patents Company? A. Yes, I did.
Q. Please state when, and where, and the conversation, to the best of your recollection.
Mr. Caldwell : The question is objected to as calling for a conversation with a third person not authorized to bind these defendants.
Q. Confine yourself to these matters which I have asked you about, namely, the license agreement? A. Yes. Either in the latter part of January, or the beginning of February, 1909, I received a telephone call from a gentleman saying that his name was Mr. Church.
Q. And where was it? A. This was in Chicago — who purported to be telephoning from the Sherman House. He said his name was Mr. Church, and that he was representing the Patents Company, and that he came to Chicago for the purpose of demanding a list of names of customers who were being furnished by the various exchanges licensed film, and demanded that I fill out that list and bring it over to him at the hotel. I told him that I was very busy; that it was not but a block and a half from the hotel to my office, and if he wanted the list to come over and get it; otherwise, I would not have time to take it over to him. He did not come over at that time, but the following evening I met Mr. Spoor at the hotel, and he commented on the fact that I had this conversation with Mr. Church and requested me to go up there and receive an introduction in the hotel, which I did. Mr. Church then went with me over to my office, and we had a conversation there relative to what he wanted ; and I stated that inasmuch as I had not received a license from the Patents Company, that I did not think I was obligated to give
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