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666 William Fox, Direct Examination.
Q. In the Fall of the year 1911, speaking from your knowledge of the business, how many of the licensed rental exchanges which you have testified were doing business in New York, were left? A. The Greater New York Film Kental Company, and the new company known as General Film Company.
Q. You may state whether or not in September, 1911, you had any conversation with one P. L. Waters in regard to the selling out of your business; Just answer yes or no. A. I did, sir.
Q. Who was this P. L. Waters? A. General Manager of the General Film Company.
Q. Now, please state how the conversation arose, and what was said, and where it was, and all that you can recall in regard to the meeting?
Mr. Kingsley : I object to it as incompetent, immaterial, irrelevant and as hearsay, and as not binding upon the defendants, and as not shown to be a conversation with any officer of the General Film Company, and therefore not binding on the General Film Company, or any of these defendants.
Mr. Grosvenor: I think you testified that Mr. Waters was General Manager of the General Film Company.
The Witness : I did.
The Witness : In the early part of September, 1911, I was sent for, or called up on the telephone by Mr. Waters, and asked to call and see him, and in answer to that telephone communication I did call to see him. Now, if you would allow me to get the matter — when I made this affidavit it was clear and fresh in my mind, and the conversation here (referring to a paper) is almost exactly, as near as I could possibly give it at that time, and of the language that was used at that time, and if you will permit me to —
Q. (interrupting) : That affidavit is dated December — A. 16th day of December, 1911 ; about that time.
Q. Please refresh your recollection by reading that affidavit, and then state the conversation? A. Well (examining paper) —
Q. State to the best of your recollection what was said,