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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872 Charles H. Balsley, Cross Examination. Mr. Grosvenor: I object to that question on the ground it is a repetition. Mr. Kingsley : Do you refuse to answer? Mr. Grosvenor : The witness has already stated he refuses to answer. Mr. Kingsley: I am not asking you, Mr. Grosvenor. The Witness : I prefer not to answer. By Mr. Kingsley: Q. Well, do you refuse to answer? A. Mr. E. S. Porter of the Famous Players. Q. What company is he connected with? A. The Famous Players Film Company. He was at that time with the Rex. Mr. Porter is an old schoolmate of mine. Q. When was it, Mr. Balsley, that you got this Pathe camera? At what time? The one you borrowed? A. I did not buy it. Q. The one you borrowed? A. Oh. Why, I think it was along about the 1st of May, 1912. Along about that time. I took the picture shortly after I got the camera, I know. Q. Did you ever write to the Motion Picture Patents Company in New York asking for a permit with respect to a Pathe camera? A. Yes, sir. Q. And did you receive in reply from the Motion Picture Patents Company a letter stating in substance that they refused to give you a license to use a camera embodying the inventions infringing upon inventions of their own? A. Yes, sir. Q. So that at that time, you thought it desirable to write to the Motion Picture Patents Company for a license? Mr. Grosvenor: I object to this, as this transaction now referred to upon cross examination is all considerably subsequent to the testimony given on direct examination, and relates to subsequent matters. Mr. Kingsley: It grows from it. Mr. Grosvenor: The witness has not shown it was prior, and my opinion is it was subsequent.