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George K. SrooR, Direct Examination. 3003
all the available patents on projecting machines, and on cameras, and on films, that it was possible to get, and, that they had formed that into a holding company to be known as the Motion Picture Patents Company; that they had made arrangements with the Eastman Kodak Company to get the exclusive use of the Eastman stock, and that a competitor would have but very little chance entering the field, owing to the fact that they had all the patents on the various apparatus, and particularly the Eastman stock, the Eastman raw stock." What truth, if any, is there in that statement of Swanson's? A. I don't know that there is any truth in it.
Q. Was anything said about any arrangements with the Eastman Kodak Company? A. No, sir, there could not have; been. ,
Q. Was anything said about the transfer of all the patents, or all the available patents on projecting machines, cameras, and films to the Motion Picture Patents Company? A. There was no discussion witli Mr. Swanson along that line at all.
Q. Was Mr. Swanson's condition such as to make it possible for him to discuss these matters with you at that time?
Mr. Grosvenor: I object to that question, it not having been shown that the witness' condition was such that he is qualified to express an opinion as to Mr. Swanson's condition.
Mr. Kingsley: That is always presumed in the absence of proof to the contrary.
By Mr. Caldwell:
Q. You may answer the question? A. Please repeat the question.
The question was repeated to the witness as follows :
"Q. Was Mr. Swanson's condition such as to make it possible for him to discuss these matters with you at that time?"
A. No, his condition was not.
Q. ITo was also asked this question and made tins answer (p. 307) : "Q. State whether or not anything was said
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