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Albert E. Smith, Direct Examination. 1695
November, 1911, did you say to him in terms or in substance: "I thought I would want to leave you for the alibi, and I have been able to do that for quite a while, but I cannot do that any more. They simply made up their minds they were going to get you out of the way, and I suppose they will do it?" A. I made no such statement.
Q. When Mr. Fox called upon you in November, 1911, did you say to him either in terms or in substance : "I was the most dumfounded man in the world when I found that Berst had sat down. You know that our organization is the same as any other. It is generally led by one or two men who are in power. Between what Mr. Kennedy says and one or two others, the rest of them are like a lot of sheep, and a lot of lambs, and they all follow suit, and I suppose they brought pressure to bear on Mr. Berst, or he would not have voted against you?'' A. I have no recollection of any such conversation.
Q. Did you make any such statement to him, as a matter of fact? A. No, I could not have made it.
Q. On the occasion when he called on you in November, 1911, did you say to him either in terms or in substance: "Now, that is all done. I cannot get it reopened. If I could get it beaten on the floor before the letter was written to you, I am sure I cannot do it now. The best I can do is to try to get you a settlement and to try to get you some money?" A. I did not.
Q. Did you say to Mr. Fox when he called upon you in November of 1911, either in terms or in substance: aFox, 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 given you?" A. I made no such statement.
Q. Did you say to Mr. Fox on the occasion when he called upon you in November, 1911: "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." Did you make this statement to him, either in terms or in substance? A. I did not.
Q. Did you say to him : "I know in my heart and soul that they jobbed you?" A. Positively not.