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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682 William Fox, Direct Examination. Q. When did you next see Mr. Kennedy? You may state whether or not at this meeting with Mr. Smith, Mr. Smith made any statement about your being jobbed, or used that phrase? A. Yes, sir. Q. What was said in that connection? A. You know, we talked for an hour and a half, and good Lordy, a man would have to be a dictagraph or a phonograph to be able to repeat it word for word. He said, "Fox, I know in my heart, and I know just as well as you do that they have got no reason to cancel your license under the license agreement that they have gave you. I know, as you do, that you have got your concern to live up to it religiously and carefully. They have tried every which way to find fault with you and could not do it. I know in my heart and soul that they jobbed you. I told them on the floor that they jobbed you." He said, "Under that condition, what is the use of trying to go back and try to get them to reinstate your license?' He said, "You cannot do it. Let me go and try to get your money for you." Q. WThat was this meeting of the manufacturers that you testified Mr. Smith spoke about? A. That was the meeting at which they voted — all of the manufacturers, as he told me, voted for the cancellation of my license. At the meeting of the manufacturers. Q. And he called it a meeting of the manufacturers? A. A meeting of the licensed manufacturers, yes. Q. Going back to that question which I asked, which was not answered because I interrupted you. When did you next see Mr. Kennedy? A. A few days later I called at Mr. Kennedy's office. I said, "Mr. Kennedy, I have been anxiously waiting to hear from you. I have had Mr. Berst ring you up, and I have had Mr. Smith try to see you." He said, "I have been very busy." I said, "You have let this thing dangle along. I have got only two days more to live under this cancellation notice." I think it was on Friday that I seen him. I said, "Between now and Monday I am out entirely. I will have nothing to do at all." He said, "Now, we will do it to-day. What can I do for you?" He said, "Have you made up your mind as to what you want?" I said, "Have you tried to get me the $125,000?" He said, "I have tried. It is useless; I cannot get you anything more than the schedule calls for." Q. Were you anxious to sell out? Was it your inten