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)

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196 William H. Swanson, Cross Examination. the ground that I wanted to pay them in full, which I did. Q. Had you paid up to the licensed manufacturing companies, all that you owed them for films furnished you on January 1st, 1909? A. I am not going to answer that question, for the reason that you do not permit in the asking of the question, of explanations as to the conduct of the business and the customs of the business. Mr. Grosvenok: I would suggest that counsel chauge that to, "Had you paid all that was due them at the time?1' By Mr. Willis: Q. There was a license agreement which stipulated the manner in which you should pay for the films purchased from these manufacturers, was there not? A. There was a license agreement submitted at the Imperial Hotel in New York in January, 1909, that allowed the person whom it was presented to for signature, and agreement to, a period of something like five days, or a short period of time in which to make up their mind to sign it, and they would not alloAV sufficient time for a readjustment of the business. Changed the business customs and conditions; and, prior to that agreement, I had been paying manufacturers in lump sums up to as high as $20,000 at one time. And they readjusted this at a moment's notice, and said, "Go and get all this money and pay us when we lay those goods on your counter." It was a physical impossibility in my business, because I had previously, just prior to that time, invested $90,000 in construction work in buildings. Q. Now, Mr. Swanson, I am not speaking of the meeting of the 9th of January, I am speaking of the first of July, 1909. A. In answering your question, I take it, would place me in a false position, and in a false light, and I am trying to answer your question so as to lead up to the conditions that existed prior to that time, and why they were not fulfilled in the period of two or three* weeks thai these men demanded. It was a physical impossibility. Q. When did you settle up with them, all except Mr. Selig? A. I do not recall. Whenever I found it conven