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Defendants' Exhibit No. 181. 3323
farm house at Waterloo and the last battle of the Old Guard, is realistic. The number of excellent individual performances by soldiers in the ranks is great. The play made so great a hit with the management that an agreement for its retention for a run was made by telephone.
An artistic modern film that followed was "The Floor Above'' (R. & M., four reels), from E. Phillips Oppenheim's "Mystery of Charlecot Mansions."
James Kirkwood has staged with great care this story of the rich amateur detective who moves a slain man from the rooms of his sweetheart's actress sister to those of another tenant above. The completeness with which the difficult action is traced up and down stairs is to be admired as much as the fine acting in a restrained style.
By Mr. Kingsley:
Q. I show you Defendants' Exhibit No. 181, and call your attention to the fourth column, entitled "What Is Worth Seeing in the Movies To-day," which gives a list of motion picture dramas shown in the various theatres in the City of New York to-day, and which contains the names of the producers. Will you look at that list and tell us what dramas it contains which were produced by the licensed producers, and what dramas it contains which were produced by unlicensed producers? A. This account contains synopses of the following motion picture dramas produced by producers who are licensees of the defendant Motion Picture Patents Company, that is, "Never Again," Vitagraph; "Putting One Over," Edison; "The Battle of Elderbush Gulch," Biograph. It also contains synopses of the following motion picture dramas produced by producers who are not licensees of the defendant Motion Picture Patents Company, that is, "In the Days of His Youth," Rex; "Barnyard Flirtations," Keystone; "The Head Waiter," Frontier; "Forgetting," Imp; "The Surgeon's Experiment,'1 Majestic ; "The Smugglers of Sligo,1' Reliance; "The Slippery Spy," Eclair; "The Battle of Chili and Bean," Apollo; "The Town of Nazareth," American.
Q. Have you observed whether or not the dailv news