The Birmingham age-herald., 1909-06-27
MT. WeatherIY Speaks.

NIT. Weatnerly speaks.
 With the conclusion of MT Cabaniss speech adjournment was taken for lunch con. At o'clock, however, everything was in readiness again and MT. Weatherly reported, apparently loaded for bear. He paid the ice water pitcher a visit two, adjusted his specs and lit in. After a number of preliminary remarks he ad- dressed the jury:
 MT Clabaugh, they tell us, has been in the wholesale grocery business In Chicago and that while there he got all the details necessary to have sufficient knowledge to conduct business here. I smartest man for & years that 1 have ever seen.
 Don't you suppose, gentlemen, that while he was in the north and east that he got all of the ins and outs of the work ings of the National Wholesale Grocers' association preparatory to the filing of this suit?
 But We find that after his very ex- cellent training he returns to Birmingham and that he worked for the Alabama Gro cery company, where he got into such a confidential position that when MT. Lee was absent from the city Clabaugh at tended the meeting of the local whole salers and helped them fix their prices. He would have run the whole business 1T MT. Lee 0Au SLdyeu away 1TOl ftHe city for about six months.
 Now, then, the financial condition of this young man when he started out is an important matter in this case We find that he had about $500 or s400 In cash, and that he made arrangements with the Commercial State bank. But, gentlemen you heard what those arrangements were. His plan was to bill this stuff to the bank virtually, and then purchase from the ha ha ad a dollar was extended to his personal credit.
 But this plaintiffs fight was one fit for the gods. He started out with enough money to buy about three carloads of sugar and went into this assoctation's-hi enemy's-own camp to sweep them off the face of the earth.
 fit was all right for Cabaugh not to line up with the association, and all he had to do to avoid trouble was to state that he would not sell goods on consign- i ment and not cut the prices on listed goods The association did not ask him to become a member, but 1t wanted some substantial assurance that he was going to do what he said he intended to do In his letter to the trade.
 But he invited trouble, and he knew it was coming as sure as fate. He said in one breath that he was going to main tain prices and in the next he wrote the trade that he was going to sell to the re- taller at a liberal cash discount, which. gentlemen. amounts to nothing less than a cut of prices. He failed to state on any occasion whether he was going to do any brokerage businsFs or whether he was going to sell goods on consignment.
 He has charged that the defendant broke him up in his business. My friend. Johnston, has way of reading letters so that they sound terrible. In fact. things he reads sound terribler (Mr. Weatherly pronouncing 1t 'turribler') than anything I have ever heard. It is true, and I admit 1t frankly. that my client, Mr. vanHoose, has and uses more words to the square inch than any man I know great many of them don't mean anything, but he has them in his wallet, and he simply throws them out for use.
 They don't cost him anything-er-er, or at least I hope they won't in this case.
 But my friend, Johnston, makes them sound fierce when they are really not 90.
 But, gentlemen, we submit that any thing MT vanTioose did had nothing to do with this young mans failure in busi- ness. and the defendant in this case has done nothing to be punished for"
 MT. Johnston then took up the final ar gurnent for the plaintiff, which dwelt wholly on legal points bearing on the case.