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)

Record Details:

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William H. Swanson, Cross Examination. 489 bought one and chucked it on the junk pile? A. Well, if you will let me explain, the way I happened to buy it — it was sent over to me as a sample on consignment, and Mr. Rose and Mr. Crosby, who were two young fellows who had formerly worked for Mr. Selig in his shop, started this little plaid, and asked me to put it on the floor and exhibit it to prospective purchasers, and it was left there with that understanding in mind, and afterwards they came around — they didn't make any money, and they came around and borrowed fifty cents, and a dollar, and two dollars, at a time, to live with, and finally it ran up to about thirty dollars all told, I guess, and they stated that I might keep the machine for the repayment of that money, as they could not afford to pay it, because they didn't have it. Q. And that is the way you bought it? A. Yes, sir. Q. Now, you further testified in that case, and I refer to cross question No. 287, "Why wouldn't you rent film to one of the Via scope machines, or the owners of one of the Viascope machines? A. Principally that the construction is such that it is very destructive on the film. For that reason, I do not care for their business." A. That was perfectly right. I have already explained that, owing to the fact that it was pretty much hand-made, the construction was crude, and it would destroy film more rapidly than any other machine. However, all machines will do that. Q. But that was the reason you would not sell them film? A. That was the reason, yes, sir. It was because the machine was particularly badly built. Mr. Spoor used to have the same identical sign up in his oifice in Chicago that he would not rent to any one who used a Polyscope. He had a sign in his office for years : "Beware of the deadly Polyscope." Mr. Willis: I object to this voluntary statement of the witness. I do not know what effect it has, but he has not been asked for it. By Mr. Willis: Q. Mr. Swanson, in October of 1911, you were sued by Thomas A. Edison, Incorporated, in the United Slates Court in Chicago, were you not? A. That I cannot answer, too. Q. Now, you ought to know whether you were sued or not. A. 1 was not. sued, nor was 1 served with a summons