The Birmingham age-herald., 1910-09-14

The Ninth District Teachers institute Is proving a most helpful educational me dium. with more than 600 teachers Tn daily attendance. The valuable work IS dcne when the teachers, divided into c,esses take up the study of their own narticular work, under experienced lead ership. Coming fro mevery school dis trict in the counties of Blount, Bibb, Derry and Jefferson, they will take back new ideas and add to their work many valuable plans.
 The open hour yesterday was taken up by an address by pr. B. B. Ross' the state chemist of Auburn, who gave an IT, | ...................s..ss.s.. rect examination was concluded yester- day afternoon shortly before O'CLOCK. After MT. Johnston concluded with the | nlaintiff Gen. Luke E. Wright or the de- | fense cross-examined him. The examlna- ton by General Wright was confined al most entirely to the determination oi how much money MT. Clabaugh placeo III the first firm of Clabaugh, Walters es l e,rowe. and how much the other members
 n,aced in the firm. It was developed that the capital was small, but from the
 books showing the amounts. 1t was
 shown that every transaction was in accordance with good business form. | General Wright also in the examination
 of the witness delved into the report
 on the firm by Bradstreet & Dun. IL l also was shown by the defense that an office supposed to have been opened In
 New York by the firm was never opened
 MT. Clabaugh explained this by saying
 that the grocers put him out of busi-
 ness before he could open the New York
 branch.
 Afternoon Session
 The afternoon session in detail follows An objection was made to the intro- l duction of evidence of what MT. Cla-
 baugh may have earned as a salesman.
 Judse Grubb sustained the objection
 made by Mr. Ewing. He said what may
 have been earned by MT. Clabaugh was
 not an element of damages in the suit
 The court held that as the suit was based
 upon alleged violation of the Sherman law the damages must be confined to
 acts identified with interstate commerce. l General wright objected to the introduc- l
 in a way the competency of MT. Cla-
 baugh as a business man. The court ruled that the competency of MT. Cla-
 baugh did not enter into the case.
 "The line of testimony should show how much he was damaged in dollars and | cents." said the court. 'The jury should
 be able to say how much he was dam aged from this interference alleged. No
 efort will be necessary to show what
 he may have earned" l Mir. Johnston closed here and Gen. eral Wright began the cross-examination
 of MT. Clabaugh.
 l In answer to question of General
 Wright MT. Clabaugh said: Tt was not our business 10 conduct l other than a strictly wholesale groc- cry business. We did not buy for farm CTS or any consumers
 Judge Grubb sustained an objection by MT. Johnston to a question by General Wright in regard to selling to farmers. "The statements made in my letters were all true," said the witness. What Is meant by listed goods?" asked | General Wright. Goods listed to whole- salers," said MT. Clabaugh. '"The goods listed belong to the manufacturers, not | the association. They did not adhere to the list The prices on some goods were | fixed by the makers However, we could allow an attractive cost discount. The | firm of Clabaugh, Walters & Grove ex- isted only a few weeks"
 General Wright requested list of all refusals made to the firm to sell them commodities.
 How much money did you put in the frm?" Between 5000 and S30O0." How much in cash?' Something over s2O0O' answered MT. Clabaugh Did you keep capital account?" Yes"
 Did you ever put down any amount paid in?' "No."
 Did you ever know how much J. E.