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Fred C. Aiken, Cross Examination. 2493
bered Government Exhibit 54, Record, Volume I, page 131.
Mr. Caldwell: These three articles are objected to, on the ground that they are wholly irrelevant and immaterial to any of the issues in this case, not binding upon any of the defendants in this case, one of them being an editorial merely, the other being entitled "The Platform of the Association' ; the third being a statement entitled "The Position of the American Mutoscope & Biograph Company." On the further ground that there is not a word in any of the three articles that tends in the slightest degree to discredit the witness, and that having been stated by the counsel as the purpose for which he offers the articles.
Mr. Grosvenor: Yes, all this evidence is offered for the purpose of showing that the by-laws of the Association were adopted with the approval of the manufacturers.
Mr. Caldwell: I would like you to point out a single sentence there that shows that.
Mr. Grosvenor : The two associations were formed simultaneously —
Mr. Caldwell: I call upon counsel now, while this is being offered in evidence, to point out a single paragraph or word in any of the three articles that indicates that the by-laws of this Association were submitted to, or approved by the manufacturers.
Mr. Grosvenor: This all goes to show that the manufacturers and rental exchanges were working in harmony, and to contradict the testimony given by the witness, which was repeated today; that is, the questions and answers at the beginning of the cross examination.
Mr. Caldwell: The questions that were repeated by him today, questions and answers, related only to the question as to who framed these by-laws, and nothing else.
Mr. Kingsley: I object to the introduction of the articles offered in evidence, on the ground that they are incompetent, immaterial and irrelevant; that they are mere editorial declarations of the Moving Picture World; that they have no relation to the