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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James S. Blackton, Direct Examination. 1885 which were doing business, as we thought, to our detriment, 1 and to the detriment of the industry, for the better securing of our money, and to serve the many and increasing number of customers better than they were being served. Q. Had you heard complaints of the practices of the managers or owners of rental exchanges? A. Yes, sir. Q. What were some of the complaints that were brought to your attention? A. Oh, there were repeated complaints of unfairness, of unfair competition, of the unbusinesslike methods used by men who were running exchanges at that time, discriminations, and the greatest cause of complaint, I believe, was from exchange managers who also owned theatres 2 — that they would invariably use the films which they purchased in their own theatres first, and then rent them out to their customers, and there was a great deal of complaint in those days about using films after they were unfit for exhibition, so that people who went in to see a motion picture show were disgusted with it, and would come out and not go in again. The films were patched, torn, full of marks and scratches, and they were very unpleasant to look at. Q. What is the life of a motion picture film in active use? A. Anywhere from one month to six months, according to the number of times it is used. 3 Q. Do you recall an occasion in the latter part of 1911 when one William Fox called upon Albert E. Smith at the Vitagraph Company's establishment in Brooklyn? A. Yes. Q. Do you and Mr. Smith occupy the same or adjacent offices? A. We occupy the same office. Q. Did Mr. Smith and Mr. Fox have a conversation while you were in the office? A. Yes. Q. Were you seated at your desk in the office during part of this conversation or all of it? A. During almost all of it. The room is about this size, and the desks are as far . apart as they can be in a room of this size. Q. Did you have occasion to notice anything with respect to that conversation? A. I noticed that Mr. Fox talked a great deal, and Mr. Smith talked very little. Q. Were you told that the conversation was confidential? A. No. Q. Was any attempt made, so far as you observed, to prevent you from hearing what was said? A. I could not help but hear it.