Reproduced from the holdings of the National Arcllives at Riverside IN THE DISTRICT COURT OF THE UNITED STATES FOR THE SOtrrHERN DISTRICT OF CALIFORNIA CENTRAL DIVISION SUPREME RECORDS, !BOORPORA.TED, a corporation and BLACK & WHITE RECORD DISTRIBUTORS,1 INC., a corporation, Plaintiffs, vs. No. 8929-Y DECCA RECORDS! INC. CAPITOL RECORDS DISTRIBUTING1 CORP., a corporation, et al., Defendants. DEPOSITION OF ALBERT PATRICK, taken on behalf of the Defendants, Friday, February 3, 19?0, and continued to Tuesday, February 14, 19?0, before David Newman, Notary Public. fiLED MAY 3-1950 e'~1.~~() --· -- .Dep.ty Clerk c ~GINAl ABKIN AND NEWMAN O""ICIAL COURT RIEI"'RTIERe STII'NOTYPISTS ~ DEPOSITION NOTARIES 740 SO. BROADWAY. LOS ANGI:LIES 14 TUCKK .. B8BS Reproduced from the holdings of the National Archives at Riverside ABKIN & NEWMAN -OFFICIAL REPORTERS 1 2 8 4 INDEX 5 6 WITNESS DIRECT CROSS 7 8 ALBERT PATRICK 3 42 9 (Cont .) 45 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Reproduced from the holdings of the National Archives at Riverside ABKIN 8c NEWMAN-OFFICIAL REPORTERS 1 IN THE DISTRICT COURT OF THE UNITED ST A.TES 2 FOR THE SOUTHERN DISTRICT OF CALIFORNIA s CENTRAL DIVISION 4 SUPREME RECORDS, INCORPORATED~ a ) corporation~ and BLACK & \v.HIT~ ) 6 RECORD DIST~IBUTORS, INC., a ) corporation, ) 6 ) Plaintiffs, ) 7 vs . ~ No. 8929-Y 8 ) DECCA RECORDS, INC. , CAPITOL RECORDS ) 9 DISTRIBUTING CORP., a corporation, ) et al., ) 10 ) Defendants. ) 11 _______________________________ 12 1s DEPOSITiml OF ALBERT PATRICK, taken by and on behalf 14 of the Defendants, Friday, February 3, 19?0, at 12:00 16 o'clock noon, and continued to Tuesday, February 14, 19?0, 16 at 10:3? o'clock A.M., at Room ?18 Garfield Building, 4o3 17 lvest 8th Street, Los Angeles, California, under Section 20?? 18 of the Code of Civil Procedure, pursuant to Subpoena Duces 19 Tecum and Stipulation, before David Newman, Notary Public. 20 21 APPEARANCES: 22 For the Plaintiffs: JACOB PAULL Esq. (Supreme Records, 630? Yucca ·Street 23 Incorporated) Los Angeles 28, California 24 For the Defendants: AVERILL PASAROW, Esq. (Decca Records, Inc.) 518 Garfiel d Building 26 403 West Eighth Street Los Angeles 14, California 26 Reproduced from the holdings of the National Archives at Riverside ABKIN & NEWMAN-OFFICIAL REPORTERS 3 1 Los Angeles, California, Friday, February 3, 1950 2 12:00 noon 8 4 ALBERT PATRICK 5 6 Called ·as a witness by and on behalf of the 7 Defendants, b.eing first duly sworn, testified 8 as follows : 9 10 BY THE . REPORTER: What is your full nane, please? 11 A Albert T. Patrick. 12 13 DIRECT EXAMINATION 14 16 BY MR. PASAROW: 16 Q Mr. Patri~k, have you ever bad your deposition 17 taken before? 18 A Never. 19 Q Has your attorney explained to you the nature ~ of a deposition? 21 A Yes. 22 Q You understand, I take it, that it is the same 23 as though you were testifying in court? 24 A Yes. 25 Q And that the testimony you give will be 26 recorded and then transcribed and you will be required Reproduced from the holdings of the National Archives at Riverside ABKIN & NEWMAN -OFFICIAL REPORTERS 4 1 to sign it. You can make any corrections in it that you 2 wish, but you may be required to explain those corrections. s Is that clear to you? 4 A Yes, you can make the corrections when? 5 Q When the transcript is mailed to you for your 6 signature which you will sign before a Notary. 7 A All right. 8 Q But then at the time of trial you may be 9 asked to explain any corrections which you make. 10 A. Yes. 11 Q It is important that you give consideration 12 to your answers here. 13 A Yes. 14 Q I may also advise you t hat I am not going to 15 try to trick you in any way. All we are interested in is 16 the facts. If you don't understand any question that I 17 ask you, why I' 11 be happy to make it clearer for you if 18 I am able to do so. 19 A Go ahead. 20 Q Mr. Patrick, what is your business or occupa- 21 tion? 22 A President of Supreme Records. 23 Q Is that a California corporation? 24 A Yes. 26 Q And did you organize the corporation? 26 A Yes. Reproduced from the holdings of the National Archives at Riverside ASKIN 8c N E WMAN - O FFIC IA L REPO RTE R S 1 Q When did you organize it? 2 A. 1947. Oh, I don't know the exact date right a now. 4 Q At any rate it was some t ime during the year 5 1947? s A Yes. 7 Q Would you say it was in the early part of '47 s or the later part of 1 47? 9 A . I think it was the later part. 10 Q Before that time what was your business or 11 occupation, .Mr. Patrick'? 12 A Dental technician. 1s Q Mr. Patrick, since you organized Supreme 14 Records, Incorporated, how many different recordings have 15 you produced? 16 A I don't know offhand. Oh, a number of them. 17 I don't know exactly just how many right now. 1s Q How many records are in your catalog? 19 A That I don't lmow exact ly ho'ttr many we have. 20 I would say at least twenty-five to 'thirty. 21 Q As of September, 1948, hm·r many r ecords did you 22 produce? 23 A September, •48? 24 Q Yes. 25 A You mean how many we produced or how many have ~ we r el eased? Reproduced from the holdings of the National Archives at Riverside ABKIN & NEWMAN -OFFIC IAL REPORTER S 6 1 Q How many have you released? 2 A Released? 8 Q Yes. 4 A Let ' s see. You see, I don't have all that 5 information her~ exactly how many we have released. I 6 didn't know I needed that. 7 Q Do you have a general idea? 8 .A Oh, I would say at least fifteen, at least 9 fifteen or more. 10 Q Prior to September 1, 1948, of all of the fiftee~ 11 releases t hat you put on the market, what was the greatest 12 number of records that you sold of any one of those releases~ 13 A Since that time? 14 Q Prior to "A Little Bird Told Me" • 16 MR. PAULL: I'll object to that as being irrelevant. 16 MR. PASA.Rmv: Well, instruct the witness to answer, 17 Mr. Reporter. 18 MR. PAULL: We'll stipulate that as to any objections 19 that I make that the witness has been instructed by the 2o reporter and that pursuant to my direction, he has refused 21 to answer. 22 BY MR. PA.SAROvl: 23 Q Prior to the release of Supreme record 1507-B, 24 "A Little Bird Told Me", vocal Paula lvatson, had you released 25 any other records by Paula Watson? 26 A One other record -- no, that was the first one. Reproduced from the holdings of the National Archives at Riverside ABKIN & NEWMAN-OFFICIAL REPORTERS 7 1 At the time that she recorded. this for you at 2 that recordization, she made other sides, is that correct? 8 A Yes. 4 Q But that was the first recording session which 5 she had ever held for you? 6 A Yes. 7 Q Do you know of your own knowledge whether or 8 not she had ever made any records for any other company that 9 were released? 10 A To my knowledge, no. 11 Q vlhere was this record of "A Little Bird Told 12 Me" made, where did you record the master on that? 1s A It vras recorded at Studio Artists in HollY'tood. Q Now, when did you first hear about the song 15 "A Little Bird Told Me"? 16 A I was looking for material for Paula and I 17 had already gotten her out of Las Vegas -- I had .already 18 gotten her from out of the State to record her. #12 19 Q You say she was in Las Vegas? 20 A She was out of town. 21 Q Where was she playing in Las Vegas? 22 A I don't know. 23 Q Did you first meet her in Las Vegas? 24 A No, I met her here. It was Harvey Brooks' 25 house that we first discussed this material. I want over to 26 his house. Reproduced from the holdings of the National Archives at Riverside ASKIN & NEWMAN-OFFICIAL REPORTERS 8 1 Q Was his house located in Los Angeles? 2 A Yes. 8 Q You went over to his house? 4 A Yes. 5 Q Who went with you? 6 A Paula and Mr. White. 7 Q Who was Mr. White, what is his first name? 8 A Leroy tY.h.i te • 9 Q vfuat does he do? 10 A At that time he was musical director of the 11 company. 12 Q He is no l onger connected with you? 13 A No. 14 Q Do you know where he :1s now located? 15 A I believe he is in Los Angeles. 16 Q Do .you know whether he is connected with any 17 other record company? 18 A. I don't lmm·T. 19 Q Do you kn.0\'1 his address? 20 A Not offhand I don't.