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936 Lewis M. Swaab, Cross Examination.
1 swer? What is the ground upon which he dislikes to answer?
The Witness (Swaab) : I claim, your Honor, that it is my personal and private business. That is the only reason.
Mr. Kingsley : We claim, your Honor, that it goes directly to the question of whether he has been injured by this corporation, or not.
Mr. Caldwell: He did not have any objection to disclosing his personal and private business when he was asked on direct examination, "How much did
2 you agree to take from the General Film Company?'' and answered "Thirty-seven thousand dollars."
Judge Kay: Whether in the Trial Court or the Court of ancillary jurisdiction, of course if it appears that the question and its answer are pertinent and proper, that the answer would have some bearing on the question at issue, then he should be instructed to answer. If, on the other hand, it is outside of the real issue and goes into a person's private business or concerns and the answer could have no bearing upon the real issue, then of course he should not be required to answer.
Mr. Caldwell: We claim that it has a bearing, if the direct testimony of the Government as to what he has agreed to sell originally for, is material and has a bearing.
Mr. Grosvenor: We simply showed that they called him to New York and made him this offer of |37,000. That the thing fell through in 1910. Now, what bearing does the question asked about a transaction two years later, with entirely different parties, another business which he had worked up in two years, in an entirely different subject matter, in films manufactured by different parties, have? Now he sells out to different persons, and they ask him, "What did you get for your business when you sold it out?1' What relation has that to my queston, which was directed to the affairs in 1910, and which were simply for the purpose of showing that this General Film Company and the Patents Company not only got every business there in Philadelphia, but when he was left, they called him to New York and asked
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