The Birmingham age-herald., 1909-05-11
VANHOOSE CASE IS AGAIN POSTPONED Unable To Get Dispositions Here
 On Time SET AGAIN FOR JUNE 17 Counsel Indulge In Spirited Arguments When Suit of clabaugh Is Called Before Judge
 Lane.
SET AGAIN FOR JUNE 17

The case of Hinton G. Clabaugh vs. James A. VanHoose, pr sdent of the Southern Wholesale Grocery association, was again continued by Judge A. o. Lane yesterday at the request of the defendent. It will be recalled that this is the suit filed by MT. Clabaugh for the recovery of heavy damages claimed to have been sustained by him as a re- suit of an interference with his busi- ness as a wholesale grocer by the de- fendant.
 It is charged that the defendant, as president, and in furtherance of certain alleged illegal purposes of the groeers' association, coerced many manufacturers into refusing to sell to the plaintiff.
 The suit is along the same general lines as the action recently determined in Jacksonville, Fla, in the federal court, in which John T. Hammond recovered a verdict for s32,50o against the Jackson vile members of this association under the Sherman act, but was filed some time before the Jacksonville suit came to trial
 The case of Clabaugh vs. VanHoose was first called for trial on March 15 and after consuming several days in the set clement of pleadings the defendant asked for a continuance in order to be allowed an opportunity to take the dispositions of certain officers of leading manufactories scattered over the country. Judge Lane thereupon continued the case and fset it specially for May 10.
 When the case was called yesterday morning, after considerable preliminary discussion the defendant asked for an- other continuance, stating that some of the dispositions had not come in. Coun- sel for the plaintiff insisted that 1t was not proper to continue case on ac- count of the failure of parties who were themselves involved In the wrongs charged to hasten to give evidence; that the case had been pending over six months and that the defendant had not exercised sufficient diligence to get his evidence together.
 The arguments became earnest be- 1 tween the counsel. The defendant stated that w. A. Holman of the Diamond Match company, Harry Brown of the Proctor 6 Gamble company and an off cer of the Eagle Cotton Oil company had not returned their depositions, where 1 upon counsel for the plaintiff asserted 1 that these witnesses could not possibly answer all the interrogatores propou9d- 1 ed to them without ''lining themselvesf mp
 for the federal stronghold in Atlanta" The plaintiff also contended that he l had tried to take the evidence of off cers of the Northwestern Yeast com 1 pany and the N. K. Fairbanks company, knowing they were hostile witnesses, and that on the "advice of counsel' each had declined to testify.
 1t then developed that the commissioner nominated by the defendant, MT. Van Hoose, to take the depositions of the Eagle Cotton Oil company representa- tive was attorney for the Eagle com pany, and had returned the dispositions without examining the witness. The plain- tiff urged that this was wholly insuff- cient for continuance, particularly as the witness was said to be a member of the association. MT. VanHoose arose and stated that this was not true. The plaintiff produced letter signed by the witness in which was contained the state ment that he was member of the asso- citation.
 The court finally stated that 1t sup posed the case would go to the supreme court, whoever lOSL IL, anu dllhouSu lHo plaintiffs counsel discamed the idea of any necessity for appealing on his part, the case was continued specially to Juno IT, the court announcing that 1t would certainly hear the case beginning on that date All witnesses were ordered to at tend without further summons.
 There were present many spectators. and the trial of the case will be of con- siderable interest.
 It was understood yesterday that if the plaintiff Is not able to obtain 8 trial at this term of the court he will file suit in the federal court in Birmingham against many of the members and officers of the association and against certain manufac- turers as well, under the terms of the Sherman act.
 As the officers and members include many prominent figures throughout the south this action will be of widespread in- terest. It is claimed by the plaintiff that all members of the association are respon- sible for the acts of the president and of fcers in furthering its objects.
 It was learned yesterday afternoon that plaintiffs counsel had caused a telegram to be sent to the commissioner appointed to take the deposition of MT. Brown of Proctor & Gamble company, in order to ascertain what the delay was, and the fol- lowing reply was received by Circvit Clerk Walter K McAdory from the com missioner:
 'Witness Brown appeared today with counsel. Absolutely refused to give any testimony. Commissioner has no compul- sive power. Commission returned mail to- night"
 The case when called will probably con- sume several weeks. and its outcome will be awaited with interest.
 The annual meeting of the Southern Wholesale Grocers' association will be held in Hot Springs in the latter part of May, | and this case will doubtless come in for | nnssihla action at thn