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I I 1 t SUPr RIOR COURT OF THE STATE OF CF.LIF4RrIA FOR TY.F COUNTY OF LOS ANGELES CECIL I3IAS, ) -v- Plaintiff ) NO. C 284 108 ) DEPOSITION BROWN & WILLIAI•,SON TOBACCO ) CORPORATION, et al., Defendants. ) DEPOSITION of CHARLES C. COHN taken before Anthony Di Stefano, a Certified Shorthand Reporter and Notary Public in and for the State of New Jersey, at the offices of Herbert Rothenberg, Esq., Atlantic City, New Jersey. Monday, June 2, 1980, commencing at 11: 30 a.m. Appearances: JOEL W. H. KLEINBERG, Esq., aopearing on behalf of plaintiff. SHOOK, HARDY & BACON, Esas., by ROBEP.T E. NORTHRIP, Est GILBERT, KELLY, CROWLEY & JENNETT, Esqs., by WILLIAM D. JENtIETT, Esq. and THOMAS J. VIOLA, Esc;., and J. KENDRICK WELLS, III, Corporate Counsel, appearing on behalf of defendants. SILVER & RENZI REPORTING SERVICE CER77FIED SHORTHAND REPORTERS 824 WEST STATE STREET TRENTON. NEW JERSEY 08618 (609) 889-8181 . f

I I I I 11 D E x 2 I hitness Direct Cross 3 Charles C. Cohr: I 4 5 Py Mr. .;lei::b Erct 3 7 By Mr. Northrip 108 8 9 10 . . ~ 11 ~ 1 12 e 0 0 1 © 13 W = D ~ ~ 14 ~ 15 a i n : . " I 16 ~ 17 18 19 20 21 22 23 24 Ln m ~ ~ 25 w N l0 m t0

II 2 F. I I N D F_ X I 2 3 NO. 4 F X H I B I T S Iteir. For . D. 5 p-1 ~kctivities of Charles Cohn 7 P-2 Letter dated 5/16/7 5 85 6 P-2 (a) "The 120 MM. cigarette" 85 P-3 Letter dated 12/11/75 87 7 P-4 Letter dated 6/6/78 88 F-5 Letter dated 6/13/78 89 8 P-6 Letter dated 6/20/78 90 P-7 (a ) Letter dated 7/5/78 90 I 9 P-7 (b) Letter dated 7/5/78 90 p-s Letter dated 7/26/78 92 10 P-9 Letter dated 8/1/78 92 : P-10 Letter dated 8/14/76 93 ~ ~ . 11 P-11 Letter dated 8/1E/78 94 ~ I P-12 Letter dated 9/6/78 95 12 P-13 Letter dated 9/12/78 96 s 0 P-14 Letter dated 9/22/78 96 I 13 P-15 dsd Letter tec2 10/5/78 98 © P-lf Letter dated 11/7/78 101 L 0 14 P-17 Letter dated 11/14/76 102 P-18 Letter dated 12/4/78 103 0 V 15 P-19 Letter dated 12/9/78 104 O P-20 Letter dated 12/12/79 104 : I 16 P-21 Letter dated 3/3/80 105 P-22 Chart 54 17 P-23 Tests bv Guilford Laboratory 56 P-24 Test on Raleigh Plan end cigarette 18 dated 5/29/80 69 P-25 Letters 74 19 P-26 Documents 76 P-27 Letter dated 12/21/73 and attachmentE 77 20 P-28 Letters dated 4/29/75 and 5/5/75 105 P-29 Photograph 107 21 22 23 24 25 11

I I ~ t I I I 2 3 4 5 6 7 8 9 10 11 12 13 18 19 20 21 22 23 24 25 3 C H A R L E S C. C O H N, being duly sworn, I testifies as follows: DIRECT EXA24IIdATI0N BY 1MR. K:,EINrERG: Q r`r. Cohn, will you state your full name for our deposition? A My name is Charles C. Cohn, C-O-II-P:. Q Do you pronounce it Cohn? A Cohn. It's often pronounced Rahn or Cohn. I pronounce it Cohn. What's the difference? Q We will try to do it the way you would preferl Where do you live? A I live 123 South New Hampshire Avenue, Atlantic City, New Jersey. Q For how long have you lived at that address? A I have lived there since about 1952 or '53. Q In addition to that being your residence, do you also have business activity that you conduct fro that address? A I do. Q My asking you questions and getting your answers is known as taking your deposition. You under- stand, of course, that you are here to have your deposi tion taken, don't you? A Yes. Q We have discussed some of the things that may « I

4 I ~ I I I I 2 3 4 5 6 7 8 9 10 11 12 13 14 0 a : 15 16 17 18 19 20 21 22 23 24 25 take place here earlier today, c-ic we not? A Yes. Q That was our first actual 6iscussion each of us with the other, wasn't it? A Yes. Q There are certain around rules, some of them for the reporter's benefit, some of then for the benefi of the integrity for the transcript. I would like to a over them with you again. Perhaps some Of these other gentlemen may have sore other words of caution so this can be the best presentation possible. You understand, don't you, that your testimony is under oath? A I do. Q And that it is the same oath you would take should you be in the courtroom to testify in this case? A Yes. Q It carries with it, of course, the sam.e penal~ ties for perjury? You understand that? A Yes. Q T_n_order for you to_give_me_YOUr best answer to answer these other gentlemen's questions, should the have any, you, of course, have to understand the question. So if for any reason my question is not understandable to you, if I am putting my words togethe ~~ II 50773 2912

I I H I t I s 2 3 4 5 6 7 8 9 10 11 12 ~ 15 I I 16 17 18 19 20 21 22 23 24 25 1 7 1 that doesn't make any sense, if I drop ry voice, you don't hear me, if for any reason you oon't understand m~~ question or any of the other questions that m.ight be asked, ti•ill you stop the c!uestioner and ask him to repe t it? Of course. I I Q Is there anything about your physical conditic~n ~ which in any way prevents from hearing our questions, thinking about them to the best of your ability and the giving us your best answer? A t2 o . I Q There will come a time, of course, when the Court Reporter will type up a transcript, a booklet, of i your testimony here and you will have an opportunity to read that, and if you wish, make any corrections. IIut it's also to the best interest of the witness to give his best answer first so that no comMents need be made on the fact that he has changed an answer. Do you understand that? A Yes. Q hTill you then take as much time as you need in order to give us your very best answer today? A Good. Q Do you have any questions about the depositio proceedings? ~ ~~

I I I I I I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 n 6 F No. ! ; MR. FLEI,:BERG: Gentlemen, anything you would ; , like to add? MR. JENNETT: name is Flillian D. Jennett, representing Brown & Williamson. The only thing I have is may it be stipulated we reserve all objec-I I tions until time of trial, including the form of t~e question or do you wish to object to the form of t question during the deposition? MR. KLEINBERG: I think we are so far away from him we best object to the for:^m of the questio MR. JENNETT: But your objections will be preserved under our law. MR. KLEINBERG: Yes, as provided by the code of civil procedure. MR. JENNETT: Right. ( e 0 riR. KLEINBERG: Anything else we should discu~s preliminarily? MR. JENNETT: I don't think so, no. Q Mr. Cohn, you have previously given me a docu, ment consisting of a resume of some of your activities? A Yes. MR. KLEINBERG: Gentlemen, I have a lot of documents that I will be using during the day. I have made two copies that I can provide to you fol 50773 2914 I

I I I I I ~ t H 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 And I t`:cugY:t what we right do is compare that orhic~n I havc coried with a copy that we can have the reporter attach to the record and r"r. Cohn would like to keep his original document. i?'i. J%NNLTT: ??urir_c, the noon hour may we inspect the documentf so we don't have to waste time during the derosition? P:R. XLF.INEFRG: Sure. Let's mark this first one, which is entitled "Activities of Charles Cohn~ as Plaintiff's 1. Down in the lower left-hand corner of this three-page document there is a form number. It says, "Forr,c No. 529fl4-5." Will you r;ark that as Plaintiff's 1. (The aforementior.ed activities of Charles Cohn marked Exhibit P-i for identification.) ::R. JENNETT: Mr. Kleinberg, before we procee any further, rr:av I ask, do you intend this to he an evidence deposition or Mr. Cohn's benefit to be present at the trial, should this come to trial? IMR. 1:LEI'dBERG: I have not discussed his inte tions with him, except to learn he has no intentio to nove to California or to come there for any significant period of time. So I suspect we may well be using his testimony here today via this i deposition at the time of trial. i n- n 50773 2915

I I S I I I I I 0 2 3 4 5 6 7 8 9 + 10' . = 11 I~ e s 12 17 18 19 20 21 22 23 24 25 I E biR. JENNFTT: Thank you. Y MR. KLEINBERG (Contir.uing) : Q Showing you what has been marked as Plaintiff' 1, is that a list of some of the things you have done during the course of your life? A Yes, sir, it is. Q s Can you give us some of your general backgrounid in terms of your education and your experience in workir~g after you completed your formal education? A My formal education is based on a high school~ training in Philadelphia. I graduated the Central High` , School in Philadelphia. As far as my education after ~ that it was based on taking courses, non-credit courses in physics and chemistry and metallurgy in the various colleges in and around Philadelphia over a period of years. Q When was it that you graduated front high scho 1? A 1920. Q What was the date of your birth? A 1901. { Q How was it you became interested in metallurgl? A I became interested in metallurgy because my father had been in the stove business. At that time th stove business consisted mainly of what they call coal stoves, cast iron coal stoves. And when I was rather j 50773 2916 I f