The Birmingham age-herald., 1909-06-24
vANHOOSE ON STAND IN CLABAUGH SUIT Lively Tits Give Added Interest EXPLAINS "LISTING" PLAN Court Several Times Is Forced to Call Down Attorneys for Injection of
 Spirited Remarks and
 Questions.

The trial of the case of Hinton G. Clabaugh vs. James A. VanHoose as president of the Southern Wholesale Groeers' association was enlivened con siderably yesterday by the sparring of attorneys for the opposing sides and the humorous remarks which passed while testimony was being taken, The case is nearing a conclusion as far as the testimony is concerned. Mir. Van Hoose, the defendant, took the stand yes terday afternoon shortly after the lunch con hour and it is probable that the arguments will begin this afternoon.
 Among those who testified for the de- fense yesterday morning were V. S. Gage of the Alabama Grocery company, John W. Black of the same company, and Sam P. Sturgeon, local broker MT Gage declared that no agreement had been entered into by the wholesalers to control prices on goods. Mr. Black tes- tifled that each week the salesmen for the Alabama Grocery company were given a slip on which quotations oH various articles were printed and stated that this was the only manner in which drummers were instructed relative tc prices.
 Early yesterday afternoon MT. Van Hoose took the stand in his own defense At this stage of the trial the case natur. ally took on additional interest and the courtroom was crowded during the en' tire afternoon, which was consumed by MT. VanHoose's testimony. The direct examination of the witness was con. cluded and the cross-examination wal begun shortly before court adjourned. Plaintiff's Financial Backing. In the outset MT. VanIoose was ques tioned closely as to the information ht had received relative to the flnancia backing of the plaintiffs grocery bus ness. The witness stated that he hat asked MT. J. w. Lee to ascertain thu nature of the business being conducted by Mir Clabaugh and that Captain Le' told him that he had called to see MT Clabaugh but found the place closed up but that he looked through the win dows and saw nothing in the way O goods Mr. VanHoose testified that ht did not remember whether or not this wa: before MT. Clabaugh opened his busl ness He then told of interviews whicf he had had with various salesmen, re. lating that MT. Sheppard of the Colgate company told him that he had locked over Clabaughs stock and that it wa. his impression that 1t was not wortt more than $500. He said that representa- tives of the Louisville Soap company tha PrnotOr X | Gamble Co. had spoken similarly. l Upon being questioned as to his knowl l edge of the business connections of MT Clabaugh and his partners prior to thu time they went into business for them selves, MT. vanHoose stated that MT Clabaugh and MT Walters were with thu Alabama Grocery company and that MT Walters had been employed by the Amer ican Snuff company. Asked if he wa: informed as to the nature of bushes! the firm would conduct the witness tes tified that he had been informed b, Mir. Lee that Clabaugh and his partners would act as consignment agents for tn, R. c. Williams Go. of New York. H, added that MT. Lee also stated that h, did not believe any of the members O the firm had money enough to conduc their business.
 MT. vanHoose then told of other in formation which he had received along the same line.
 The witness was asked if he knew O any wholesale grocery business in. Ala bama conducted on the cash basis ant he replied negatively. Asked if he knev of any in Georgia he named the Mo Cord Stewart Co.,, of winch he said h, knew nothing, having never been in thei store.
 Evidently referring to MT. Clabaugh', statement that he went to New York prior to opening his business, to make arrangements with manufacturers to se cure goods, MT. Caoaniss asked MT. Van Hoose;
 'Is it usual or customary for whole sale grocers about to begin business tt go to New York to make arrangements with manufacturers and dealers thereT q cannot say whether 1t is custom
 ary," said MT. VanHoose. However when I opened my business I did no go for the reason that 1 did not have money enough, and because I found tha I could get all the goods I wanted her, without going to New York after them.
 The witness was then questioned rela tive to the matter of communications with manufacturers and being asked if h, had ever had any communication witt manufacturers other than those read 1T court relative to the matter of selling Clabaugh goods, he replied negatively.
 Making the Investigation.
 Mr. VanEoose was aked whether or no the course in making an investigation O Clabaughs firm was different from thu usual manner He replied that it was When asked to specify how attorneys fol the plaintiff objected and the objection was sustained. The examination ther proceeded
 State what you did or said to manu lecturers or agents with reference to tn, matter of selling gods to Hinton G Clabaugh & Co.," said MT. Cabaniss.
 Nothing further than what is con tained in the letters which have beer presented as evidence and what I have previously stated was the answer.
 Mr. Cabaniss then went back to thu