The Birmingham age-herald., 1909-03-19
GROCERS' CASE GOES OVER UNTIL MAY Defendant Asks lime to Get
 Evidence SURPRISED BY PLAINTIFF Names of Manufacturers Given Who Refused to Sell Goods to cIabaueh Because of Wholesalers
 Influence.
SURPRISED BY PLAINTIFF

SpdIIlUE over the pleadings in the case of Hinton G. Clabaugh vs. James A. VanHoose be- fore Circuit Judge A O. Lane the court finally overruled the defendants demur- Ter to the complaint yesterday afternoon and declared the case to be at issue, and then after long arguments by counsel con- tinued the case specially to May 10. The case will be tried beginning on that date
 It will be remembered that the case involves the question of the legality of the Southern Wholesale Groeers' associa- tion, the plaintiff. Hinton K. Clabaugh averring that the association acting through the defendant, Mr. VanHoose, prevented him from obtaining supplies from various manufacturers and thereby compelled him to go out of business.
 During the course of the pleadings yes- terday the court ruled that the plaintiff would have to set out the names of such of the manufacturers as were known to him to have been diverted by the defend ant, although he would not necessarily be confined to those in showing damage to his business. When ten or twelve names were added the defendants attor- neys insisted that they were surprised and could not have anticipated that those manufacturers would be suggested. The manufacturers in question were: Arbuckle Brothers, Diamond Match company, N. K. Fairbanks company, Southern Syrup com pany, Alabama Georgia Syrup company, Northwestern Yeast company, Beaver Soap company, Proctor Gamble company and others.
 The plaintiff strenuously resisted a con tinuance and argued that 1t was an im- possibility for the plaintiff to know the names of the manufacturers whom the defendant had coerced, and that the plaintiff had in various ways pointed out the names of those manufacturers who would be shown to have been diverted, contending that the defendant was not in position to seek a continuance for the reason that he was in contempt of court for failure to answer interrogatories.
 The court then stated that while in granting a continuance the matter was largely discretionary, yet the court had nothing to rely upon except the state ment of parties and their counsel, and continued the case upon defendants at torneys stating that they were so taken by surprise that they would have to take the dispositions of officers of the various companies and others involved. They further stated that they expected to prove by these companies that plaintiff was cut off, among other reasons on account of the fact that 1t was understood he might cut prices.
 It developed that the plaintiff had al- ready propounded interrogatories to the officers of some of these companies, but that all of them had declined to testify Ion advice of counsel" It will be in- teresting to see if they will testify at the instance of the defendant.
 During the discussion of the pleadings a number of hearers have been in at tendance, particularly the wholesale groc- CTS of the city, who are said to be mem- bers of the association.
 The plaintiff, Mr. Clabaugh, in answer to questions asked by an Age-Herald re- porter, said; T have no comment to make except that l regret exceedingly not securing trial of the case. The de- fendant's attorneys charge that I wanted to try the case in the newspapers, but itlseems that they were still less inclined to try it before a court and jury. We were ready and anxious to dispose of the matter and hope that the defendant will not be so greatly surprised on May 10. The most casual, nasty comparison of al- legged facts which appeared in The Age Herald about year ago over the de- fendant's signature with facts brought out in court during the past three days would make a most extraordinary misfit"