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0 1 2 3 4 5 6 7~ I 8~ i I 91 10 11 12 13 14 Sommers - direct 183 scientific director, I try to keep up with the medical literature, and when a new field or line of inquiry becomes evident, either from reading abstracts or published articles or when I attend a pathology or other medical convention or take a post-graduate course or learn through colleagues of some bright investigator, then I might, it would seem appropriate, either write a letter or perhaps telephone to inquire if the individual might be interested. Q. Who was your predecessor as scientific director? A. Dr. William Gardner. Q. Was it Dr. Gardner's responsibility 15 to also look for investigators who might be 16. interested in submitting grant applications to the ~ 171 Council for Tobacco Research? 18 19 20 21 A. With the aid of the scientific staff, yes. Q. Dr. Gardner's predecessor was who, sir? A. Well, it was Dr. C. C. Little. 221 Q. Was it also Dr. Little's i 23 24 responsibility as scientific director to seek out investigators who might be interested in 25j submitting grant applications to the Council for 405 Nathii.W Awnus waga and spinelii W.st Oranp., N. J. 07052 certified shorthand reporters 201-731-9666 L. ! R t E N O.E E3001

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sommers - direct . 184 Tobacco Research? A. I don't remember that. Q. How is it that you submitted your first grant application to the Council for Tobacco Research? A. As best memory serves, approximately in 1965 or '66 when I was at Delafield Hospital and Dr. Jacob Furth was the director of the laboratories. He or the department chairman advised me of an Israeli physician, pathologist, who they had highly recommended, to come for one year's research and study in the United States and my memory is that it was chiefly to provide for his stipend and for a project that he and I would carry out for that one year that ttie application was made. Q. You submitted the grant application to the Council for Tobacco Research. Is that correct? A. I was a principal investigator. Q. It wasn't a situation where the scientific director of the Council for Tobacco Research came to you and said would you submit a gra*nt application. Is that correct? A. No one from the Council for Tobacco Research waga and spinelli certified shorthand reporters 405 NathiiNd Awnw Wat orwy., N. J. 07052 201•731-9666 CTR HN 0 1 EDOO'

0 1 2 3 4 5 6 7 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sommers - direct 185 suggested such a submission. Q. Did someone from the Council for Tobacco Research suggest such a submission to Dr. Furth? A . No . Q. Do you know whether or not there was anyone outside of the Council for Tobacco Research whose responsibility it was in whole or in part to seek out investigators who might be interested in submitting grant applications to the Council for Tobacco Research? A. No. Q. What were the responsibilities of the chairman of the Scientific Advisory Board of the Council for Tobacco Research? A. The responsibilities are to preside at the meetings of the Scientific Advisory Board, to call for the discussion of individual applications, to himself write critiques on the applications that he is assigned to the subcommittee, to call for the vote, to decide in situations less than unanimous vote which carries, and generally to decide when the meetings will start, when they will have coffee or lunch breaks and when the meetings will be adjourned. waga and spinelli certifled shorthand reporters 405 NorthiNld Av.nu• Wat Or.nye, N. J. 07052 201•731•9888 C! R 1 ! I `t 01E3003

f 1 2 3 4 5 6 7 8 9 10 11 16 17; A. Not that I know of. 18 19 20 21 22 23; Q. Did you have any contact with Leonard 24 25 Sommers - direct 186 Q. In order for a grant application to be accepted or passed by the Scientific Advisory Board, does there have to be an unanimous decision of the Scientific Advisory Board? A. No. Q. What percentage of the Scientific Advisory Board has to vote in favor of a particular grant application? A. Majority. Q. Does the research director of the Council f,or Tobacco Research have any responsibilities in the area of public relations? A. Not that I know of. Q. Does the scientific director of the Council"for Tobacco Research have any responsibilities in the area of public relations? Q. While you were research director -- I believe it was between April of '69, was it, and June of ' 72? A. I'm not sure of the months but it was in parts of the years '69 through '72. Zahn? A. I think inevitably I must have received waga and spinelli certified shorthand reporters 405 Nathfidd Awnu• VWst Oranpe, N. J. 07052 201•731•9868 , CTR- HN 015004

O 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sommers - direct 187 memoranda from him. Q. Did you prepare any articles at his behest? A. I believe so. Q. What article did you prepare? A. The time frame is 1969 to '72, certain months, and there was a point towards the end of that period when certain correspondence and letters to the editor were thought to require a response from me and so I prepared a response which was never published to my knowledge. Q. Letters to the editor of what? A. Washington Star. Q. In regard to what subject matter? A. Claims that I had somehow failed to respond to an offer to review some microscopic slides. Q. Other than your contact with Leonard Zahn at which time he requested that you prepare these letters to the editor -- am I wrong he didn't ask you to prepare the letter? A. No. It was suggested that the letter included such information that a response to the same editor would be necessary or desirable and I did prepare such a letter which was never published. waga and spinelli 405 Northff.ld Awnu. VWst Oran a, N. J. 07052 certified shorthand reporters 201-73,-s$88 i CTR HN 0 1 500E:5

1 t 2 3 4 5 6 7 '8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sommers - direct Q. Just so I understand, Mr. Zahn suggested to you that you prepare a letter to the editor of the Washington Star? A. Yes. Q• Auerbach's In regard to the subject of Dr. smoking dogs study. Is that correct? A. Microscopic slides thereof, yes. Q. You prepared such a letter. Correct? A. Yes. Q. But it was never sent? A. Yes, it was sent but never published. Q. Did you actually prepare the letter yourself? A. Yes. Q. Other than that letter to the editor, did you ever prepare any other materials at the request of Leonard Zahn for publication? MR. HARTZELL: What period? You mean this research director period? MR. EDELL: That's correct. A. You see, it's a long time ago and I just don't clearly remember whether I did or did not do so during that particular time period. Q. Let's make it easy for you. Do you remember prepa-ring any publication at the request ;~ waga and spinelli certified shorthand reporters 405 NoatMiNd Av.nu. West Orenys, N. J. 07052 201-731-9E88 1 CTP 1iN 01E500G

Sommers - direct 189 . 1 2 3 4 5 6 7 8 14 15 16 17 18 19 20 21 22 23 24 25 as you feel is necessary in order to respond to a i of Leonard Zahn during the entire period you were involved with the Council for Tobacco Research up to the point in time you became scientific director? A. Yes. Give me time to think because it's quite a long time period. Q. You can take, just so you understand, I thought I made it clear, you take as much time question. okay, sir? MR. HARTZELL: Mr. Edell, if you have something, why don't you show it to him. It's really silly •to ask him something and to pop some document out. If you have some document, why don't you just show it to him. You are not i ~ I testing his memory here. It's just a waste of i time. Go ahead. If he wants to proceed that way for a while, I guess, but it's a really non-productive I way of proceeding. Whether it's your standard way I or not, it is not productive in this case. You can answer. A. I can't remember. Q. You cannot remember participating in the publication of any particular document at the request of Mr. Zahn. Is that correct? waga and spinelli certified shorthand reporters 405 NoathiNld Avenue VWtt oranpe, N. J. 07052 201•731•9655 [~ ! ~ ~ !t'' t..~ .! ~=t~f0•t`!

1 \ 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sommers - direct 190 A. That was not the question. Q. Do you recall preparing any document for publication at the request of Mr. Zahn? A. I don't remember. Q. What contact did you have with Edward Jacob? A. Mr. Jacob -- MR. HARTZELL: Excuse me. Are we again at what period of time? MR. EDELL: '66 through '82. MR. HARTZELL: To '82? MR. EDELL: To '82. A. Mr. Jacob was for most of that time counsel for the Council for Tobacco Research. Q. What contact did you have during that same time period with David Hardy? A. Mr. Hardy at one time asked me to be an expert witness in a case of a suit against a tobacco company. As a consequence of that case, which was appealed, I believe, he asked me for certain follow-up information on research if and when it became available. Q. What association did Mr. Hardy have with the Council for Tobacco Research? A. I don't believe he had any association. waga and spinelli certified shorthand reporters 405 NortMW Awnu. 1M.st Or.n9., N. J. 07052 201-731-9888 CT R 11"IN 0 15008

r 0 Sommers - direct 191 1 2 3 4 5 6 7 b 9 10 11 16 17 18 19 20 21 22 23 24 25 Q. What case did he ask you to become an expert witness in? A. The cases being known by the last name of the complainant, the case called the Weaver case. Q. When did that case occur? A. In 1970. Q. Did you prepare a report in that case? A. No. Q. Did you give a deposition in that case? A . No ., I Q. Did you give trial testimony in that I ~ case? A. Yes. ~ I Q. Where did that trial occur? I A. Warsaw, Missouri. I Q. What kind of case was it? A. It was a case in which the estate on behalf of the children of the deceased complainant claimed disease and death from the use of cigarettes. Q. What disease entity were you discussing in that case? A. They claimed lung carcinoma. Q. Did the case involve a lung carcinoma, waga and spinelli certified shortband reporters 405 NorthfiNd Avenue West Orenye, N. J. 07052 201-731-9888 CTR MIN 015009

1 2 3 4 5 6 7 Sommers - direct 192 sir? A. No one could be certain. Q. Did you have an opinion in that case? A. Yes. Q. What was your opinion in that case? A. In regard to what? Q. Lung carcinoma, whether it was or was `8! not a lung carcinoma. 9 10 11 12 13 14 15 16 A. The biopsy material was so scanty and so poorly prepared and stained that it was impossible to be certain of what it represented, but my opinion was that it most likely appeared to be a malignant lymphoma. Q. Did Mr. Hardy ever ask you to participate as an expert in any other case? A. No. 17! Q. Did any representative of the firm of 18 19 20 21 22 Shook, Hardy & Bacon ask you to participate as an expert in any other case? MR. NORTHRIP: Are you excluding this case? Q. Up to ' 82. 23i MR. EDELL: I can't ask him about 241, that, right, Mr. Northrip? 25 (Discussion off the record.) waga and spinelli certified shorthand reporters 405 Noathii.id Awnw W.at O(an9a, N. J. 07052 201-731•9888 CT ~ HN 0 150 10