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)

Record Details:

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1800 Jonas A. Koerpel, Direct Examination. By Mr. Kingsley: Q. Mr. Koerpel, have you had any experience, or any knowledge of the treatment of theatres by exchanges where the proprietor of the exchange was also the part, or the whole proprietor, or owner of the theatre? A. I have had to this very day. My opposition, that is, my worst opposition, of course, is Mr. Fox, at the Audubon Theatre, at 165th Street, and another theatre of his at 149th Street. Now, I know that his men, perhaps by his instructions, had a practice that whenever I had advertised a release of the General Film Company, and I had spent time and money in doing it, that just about one or two days before that, that picture is shown in his house. Q. Has this happened more than once? A. It has happened many and many times. I know, in fact, I have seen his men come right up to my lobby with a pencil and paper and copy off the titles of any advance subjects that I had advertised on the outside, and I have followed them right to either one of his theatres or the other. Q. Did you find that this practice of your competitor taking advantage of your advertisement, and showing the pictures you were advertising a day or two before you showed them, was injurious to your business? A. It is bound to be. This fellow has houses of very large seating capacity, one house seats thirty-two hundred people, and another house seats about two thousand, and the result is that when I get ready to show the pictures at my place the people say, "Oh, I saw that; I saw that last night, or I saw that night before last," and I can't do the business. Q. How many specials are available a week from the licensed manufacturers, Mr. Koerpel? A. Eight, I believe. Q. How many do you receive in a week? A. I never run more than four because I leave four. There is four left for the competitor. I have a competitor, for example, two blocks away, and he has his pick of these four, and I have my pick of the other four. Q. Do you find that the General Film Company shows favoritism to any theatre? A. To the theatre? Q. Yes, such as you have described? A. No, sir. This theatre, that I mentioned, this man, I think he owns the Greater New York Film Exchange, which gets the licensed film, that Mr. Fox does.