The Birmingham age-herald., 1910-09-13
C[AbAUGH TAKES STAND ID TELL HIS
 SIDE OF THE CASE Suit for $150,000 Damages Against Wholesale Gro
 cers Begins
ONLY ONE WITNESS
 HEARD DURING DAY
Jury Selected During Morning and Headings Take Up Great Part of Afternoon-Rcsumes at 10
 O'clock Today

After preliminary demurrers and plead ings had been completed yesterday after noon in the Hinton G. Clabaugh case against the Southern Wholesale Grocers' association, the plaintiff was called to the stand and when court adjourned until 93O o'clock today he was being ex- amined by Forney Johnston, his attor- ney
 The case was called yesterday morning before Judge William l. Grubb of the federal court. The morning was con- sumed In selecting the jury and making amendments to the bill by the plaintiff and the filing of demurrers by the attor- neys for the defense.
 Upon examination by Mir. Johnston Mir. Clabaugh said:
 T came to Birmingham in 1890. I se- cured employment with the Sloss com pany as an office boy and remained with them for several years Later I went into the brokerage business. We handled syrup, flour and such commodities. then went to Chicago and was employed by the Franklin McVeagh Grocery com pany. I was assistant to MT. Chanler l was later placed on tie road in Illinois as one of the travelling salesmen After leaving the employ of this firm I went to New York with the Armstead company We handled California fruits both canned ana fresh. After a short time I was placed in charge of the southern sales men and frequently came to Bfrming- ham.
 I then accepted position as assistant to s. W. Lee, president of the Alabama Grocery company.
 T had charge of the travelling sales men in some respects. I furnished new samples every Saturday and talked to them about the trade. I travelled only one-half of every Monday. Then I would go to Warrior or Hanceville or some of those places and return in the afternoon
 Entered Business for Himself
 Finally, 1 entered the wholesale gro- cery business with a partner This was in 1908. We sent out circular letter to all the manufacturers telling them what we intended to sell and other details in regard to our business. I personally vis- ited New York and called upon many manufacturers in person. made ar engagements with the Colgate company and the Diamond Match company.
 T received a letter from President VanHoose. asking me something about the business we proposed to carry on and requesting me to answer certain ques- tions on a blank that was enclosed"
 At this juncture in MT. Clabaughs tes- timony Gen. Luke E. Wright, who with Carruthers Ewing and Cabaniss X Bowie represent the defense. interposed letter as evidence. After some crosses between MT Johnston and General Wright the case was resumed.
 The affidavit which Mir. VanHoose wished signed was according to the wit ness. to the effect that MT. Clabaugh would agree to maintain the selling price of all the goods handled and subscribe to other alleged rules of the Wholesale Grocers' association.
 Replies to Questions
 Did you try to buy from any man. ufacturer?" asked MT. Johnston.
 q did" answered the witness.
 Did you receive any answers to your circular letter." was asked.
 "Yes. I received quite a few an- swers," replied the witness.
 Did you reply to the one from MT. VanHoose?'
 "Yes, sir. I told him that I would not sign the affidavit enclosed. l also received several letters from manufac- turers. Our business was confined largely to the Birmingham district. We
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