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.LA.WYERS DISPUTE Off OF CANCERI Opaning S1at.menf Mad. ir Trial of Injury Suit Ask-. Ing $250,000. OLAIINTIIFF' TAKES STANf Overland Park, Man Says Hr Was Misled by Tobacco Advertising. Opening statements were made yesterday afternoon in r trial in, which the long-disputel eonnection, between cigarette smoking and cancer wiB be at , -ue. 'ITne -vial i is being held before a,jury in the U. S. Dis- ttucG court' of Judge F!loyd i R.. Gibson. JohniT. Ross, fi2;,of 3901',West Ninety-seventh street terrace, Overland Park, seeka $250,000 from the Philip Morris company. One ot his attorneys, Lyman FSeld, told the jury: • That medical experts will testify that Ross's throat cancer was the result of his smoking. • That Philip Morris should Lave, been aware of the link with cancer. • That Philip Morris adver- ' tising,in the1930sand1940s as- sured smokers that its product caused no throat irritation and gave real protection. David Hardy; an attorney for Philip Morris; asserted:. • That cancer remains a my- atery and there is no proof' it Is caused'by cigarettes. • That even if'it:w'ere, Ross's cancer was in i an area of the food ttacFthat was not exposed, to cigarette smoke. f That' Ross contracted e rare kind of cancer which , has not,increased through the years as has cigarette smoking. Late in the afternoon, Ross took the stand and spoke with the aid of an, electricall appli- ance. He has used it' since his larynx, a juglar vein, and parts of his throat, nerves and mus- cles were removed at the Mayo clinic. Ross said he was unable to conthnue long, years of' employ- ment with the Better Business Bureau because his voice was imnared: C He said he, was attracted to Philip Morris by radio com+ l mercia t in the early 1930s andl never purchased' other brands. Occasionally;, he said, he amoked another brand when ~ he was unable to borrow a Philip Morris. The triali is expected to last aeveral' wee!u. 3-.5> 3 17 3-S '!'KANSI4S CITY TTNLs K1119SA:S' trITY STJ#R' Kansas City, Missouri Kansas City, Missouri June, 20, 1962 June 20. 1962 ' INTO BACItCROIIMD PLAINTIFF RIECAIIS. AE FIGURE nmRDInG OF PLUGS. F TRI O John T. Ross;,Cancar Patient Dsf.ns. Attorney Questions Suing Cigar.tta Firml Is Plaintiff.iniCannrC>rss D.finite on Stand. Abouf Drinking.. A RECDRDI OF ARRESTS GUIDED BY ADVERTISING John T. Ross Says H. Cbn- sidared Himself alModarr at. Drink.r» The background of' John T. Ross, who ia suing the Phillip biorrisl company for :xS0,000, was probed again today by Da- vid Hardy, defense attorney, in the trial in the U. S, District court of Judge Floyd'R: Gibson. Ross, 62 years old, alleges in the, suit' that the use of Philltp Morris cigarettes was responsi- ble for his throat cancer. The damages, he alleges, w o u I d cover medical expenses and losses of'past and future earn- ings. Ctte Arrest Record. Among', the points brought out by the defense attorney'on his' cross-examination of Ross todayy were that be hadi had several arrests for drunkeness in the 1940s and that he attended meet- ings of Alcoholics Anonymous in 1942. Ross -testifiedi his' di•inking habits did not change from 1943 tmHl the time of his' cancer op- eration in 1952' Hardy aske.dlRoss whether on numerous occasions he had driven home intoxicated to suoh an extent tbai he had parked in the wrong driveway. Ross said it had happened once soon after he moved to a new'address. Ross now lives at. 3901 West Ninety-seventh street terrace, Overland Park. Ross said' all the driveways in his neighborhood look muchh alike. Drinks Beer Now. Ross testified that he, con- sidered i himself a, moderate , drinker andi since his cancer operation, had limited his drinkl fng to beer. It was also brought out in the crosg examination that Ross was once invot+~ed ]n, a traffic aecident with a Pvblia, Service company, t1u,+. Ross said he Rted a claim with tfwy rnmpany at that time i Iar mli~ t4 h+a Txad,, necCk rt.d b'CJt On Cross-Examination, Man Seeking $2501000 Say,s He Relied on Claims. John T. Ross, ,62,,seeking =25o- 000 1from the Philip Morris com- pany, testified yesterday that he remembered more about' Philip:Morris advertisements,of the 1930s and 1940s than he did about'his secondi marriage: Ross alleges in the suit, being', tried' in the U. S. District court of Judge Floyd R: Gibson, th'at, the use ob Philip Morris ciga- rettes was responsible for his throat cancer. 'lme damages„he alleges;, eover, medical ex- penses and',losses of past and future earnings Can't Recall' Dates. David Hardy,, a defense attor- ney„ questioned Ross concerning his previous marriages and di- vnrces: Ross testified he was uncertain of dates. At one point. Hardy, asked: "You are much more familiar with the content of the Philip Morris advertisements and your smoking habits than, with the date of'your ma~.~.iage to 'your second wife?" ":'es sir, Ross replied. "You are more familiar with the content of Philip Morris ad- vertisements and your smukinghabits than with the length oh time you lived with your second' wife?" Hardyasked, "Yes, sir," Ross answered "In fact," Hardy said, "att that time the readin¢ nf Philir Morris advertisements w a s more important thaa anything in your life." "There were other important fhings„ but the advertisements did make an impression on me," Ross said. Mentioned, in Bulletin. Hardy aa k ed l Ross, who worked for the Better Business Bureau for many years until be was terminated' in, 1960, if. Ross did not believe that the cigarette companies were reck- less in their cigarette claims, and that,Philip Morris was the first company attacked in the Better Business Bureau Bulletin In August, 1941, Ross acknowledgedi that the bulletin was critical of some cigarette companies, but that he didn't necessarily believe in what the bulletin said. "Did 'you believe what' was in the advertisements rather than what was written in the Better Business B u r ealu, Bulletin?" Hardy asked. "I believed what was stated In the Philip Morris advertise- ments and I knew nothing,about' what was saidi in the Better. Business Bureau Bulletin," Ross replied. "You continued to believe what Philip Morris said and disregarded what the bulletin said?" Hardy asked. "If you want' to put it that, way," Ross answeredl Hart4s Back to 1942. Asked if he was a member of Alcoholics Anonymous, Ross saidl he had attended meetings for about a year in 1942. When asked why, 1?nss replied: "I went out there to determine if Iihadia drinking,problem. After a year I found I did not have a serious drinking, problem so I!stoppedigoing." Earlier, Ross, who lives at 9901 West Ninety-seventh street terrace, Overland Park, testi- fied that he discovered in,1951 that he had cancer.Att operation in 1952 left Ross without a voice box and with impaired breathing;.. The cross-examination of Ross will cnntinue at 9+.30o'clockthiamnrning: