The Birmingham age-herald., 1909-06-20
Plaintiff Says He Could Not
 Buy Goods to Conduct
 Business
TRIED TO PLEDGE HIM
 TO MAINTAIN PRICES
Coffee Man Says That After Confer ence With CIabaueh He Was Un- able to Sell Coffee to As
 ssociation Members.

The oral testimony in the case of Hin ton G. Clabaugh vs. James A VanHoose, former president of the Southern Whole sale Grocers association, began yesterday morning after a day and a half spent in the reading of documentary evidence. Clabaugh. it will be remembered, is sue- ing MT. VanHoose individually, but the case is in effect against the wholesale grocers' association suit being brought by the plaintiff for s1SO,Oo0 damages upon the averment that he was forced out of the wholesale grocery business by the all legged refusal of members of the associa- ton to sell him goods It is further averred that the association Is trust or combine, fixing and maintaining prices in restraint of trade and in Yiloaton of the Sherman antitrust law.
 The documentary evidence in the case consisted largely in the annual reports of the proceedings of the association, the facts read being those which pertained to the plaintiffs charges that the associa- tion fixed prices and restricted the num- Der of those who could purchase from the various manufacturers. Many extracts were also read which had reference to the alleged methods employed in getting the manufacturers to work in harmony with the association.
 Deposition Is Read.
 Yesterday morning the evidence began with the reading of the deposition of Hooper Coyne of the Sea Gull Speciality xvIt trb spondence with the defendant, MT. Van Hoose, in which he vigorously objected to the Sea Gull company's sales to parties not approved by the association. It was shown that the Sea Gull companys name had been left off of the flair lists" sent out to the trade by the central office of the association and a somewhat sensa- tional circular was read, which was signed by MT. VanHoose, as president of the association, vigorously urging the members of the association to desist from buying from those whose names were not listed.
 The first witness to be placed on the stand waslV. T. Richard of the Southern Coffee company of Birmingham, who stated that his company had moved here
 
 up the business of coffee roasting, in tending to distribute solely through the wholesale trade; that after he had sold coffee to a number of the local jobbers he was invited to '1st' with the asso- citation, but declined The witness then stated that after a conference with the defendant the Southern Coffee company was unable to sell it's coffee direct to members of the association except in negligible quantities and that a consid- erable quantity of the coffee that had been already shipped to members of the association was returned
 Letters were read by the plaintiff which tended to show that the defendant had written the wholesalers here that the Southern Coffee company had not been 'listed,' instructing each to ask himself the extremely important question: Arc you handling any of their coffee? '" A number of replies produced in answer to the plaintiffs interrogatories, were read, the substance of which was that the diff ferent grocers had been handling some of the coffee company's brands, but would discontinue them immediately.
 MT. Richard testified that these mem bers did discontinue their purchases.
 Clabaugh Takes Stand.
 MT. Clabaugh. the plaintiff, then took the stand and had been testifying about an hour and half when court adjourned until Monday morning.
 MT. Clabaugh gave brief history of his experience in learning the wholesale grocery trade, showing that he passed several years in Chicago and New York, working in the various departments of several of the most prominent wholesale grocery firms in order to learn the busi- ness with a view of returning to the south. He also stated that while repre- senting one of these firms he was em- ployed by the Alabama Grocery company and shortly afterward embarked in an independent wholesale grocery business, after having made a trip to New York, where he made arrangements with va rious prominent manufacturers for quan- titles of their goods.
 The plaintiffs attempts to purchase sup plies were then shown and letters pass ing between MT. VanHoose and the man ufacturers were read. These letters the pldlilll ciahh@, icsui.cu III 'He inahulte- turers declining to sell him goods, it be- ing frankly stated in some of them that the refusal to fill orders was due to their failure of having the approval of the association, which MT. Clabaugh had de- clined to join.
 MT. Clabaugh also produced several let ters written him by MT. VanIIoose, one incosing list of questions which MT. VanHoose requested that Mr. Clabaugh answer. Among other questions was: twill you pledge yourself to strictly maintain prices on all listed goods?' MT. Clabaugh stated that he declined to answer any of the questions, writing MT. VanHoose that he did not care to line