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THE K1lNSas C1I^_' TIMES Kansas City, Missouri. June 21, 1962 . SEES CANCER LINK IN SNfDKING'NbBIT ' Physician T.stifies in Trial of Suit Brought by a Victim. Dr. John S. Knight Is an Stand as Witness for John T. Ross: A physician testified I yester- day that' cigarette smoking could have contributed to the cause of a cancer in the throat oG Joh'n T. Ross, 62. Ross is plaintiff in~ a suit in the U. S. District court of Judge Floyd'R. Gibson,in which it is alleged that the use of Philip Morris cigarettes was responsible for the cancer. He seeks $25U;000 damages;.. May, Have Halted. Dr. John S: Knight, a physia cian, testified that'he exam,ined Ross in February;, 1952;, and diagnosed •Ross1>k ailment as cancer of the throat. He said' the diagnosis,was:confirmed by i pathologist and that Ross went' to the Mayo clinic, where aurgery, was performed. The C sician said that' since it has n nine years since the oper- ztion, "it makes it' possible for us to believe the original can- cer has: been arrested." Lyman Field, attorney for Rnss, asked Dr. Knight if, tak- ing into consideration Ross's background, his known history and smoking habits, it was his ( Knigh't's ) opinion that the can- rer was caused by smoking. "I have the belief that it Is a goodl probability-that is, a strong probability-ihat there is Field continuedk "I, asked you 'either caused' or contributed to the cause.' Is that correct"" °^'-# is right;°'the physician saw. On ., ass-examination by. Hardy„ Or. Knigh't' said he ex- amined Ross twice, and at the time of an examination,on Feb- urary urary 8;, 1952, Ross told him he smokedt about a package of cigarettes a day. Hardy asked the ph'ysician if he auestioned Ross about his drinking. Dr. Knight replied that, he didn't ask, that he was a personal friend of Ross and knew that he drank on oc- casion but' didn't know the ex- tent of his drinking habita. A111Are Smoken. Dr~ Knight also testified that of the {S or 50 cases he had seen of' th'is particular t•i;pe ol' cancer there`never hadlbeen a, case ini which the patient was not a smoker. Question by Hardy: You i know, there ane cases of th:ss type - involving persons who don't'smoke? - A-I'm sure there mustbe: Hardy asked'Dr. Knight if he considered himself an expert on the causeotl.cancen A -No . connection," Dr. Knight an- n Q-TVien f' understand that' c.,•ered. you do.notconsideryourself:an"That the smoking of Philio expert on the causation of can-, Morris cigarettes, as we asked . oer of i the, type Ross had? ynu to assume, caused or con- A-That's right. Iributed to the cause of this The jury trial will conlinue:atl eancer?"' FielEt continned. ,9:30 o'clnck this ma: ninj. Turns. DowaObjeMion: At this point, David Hardy,; a defense attorney; objected that the question was a leading, question. The court' os•erruled, the objection. "There is medically a strong, probability. I can't' make it any stronger than that," Dr. Knigh't answered. ZiHB KANSAS CiTY STAR Kans'as! City, Mi'ssbtlri' June 21, 1962 SEES 211'u"KlNG AS .CAUSE OF CANCER Doctor Gives Opinion in . - $250,000'Philip Morris Lawsuit. OBJECTION IS OVERRULED Attorney for Cigarette Cbm, pany Tries to Block Phy sician's Testimony. A' deposition by the surgennr who headed the Mayo Brothers clinic team which operated on John T. Ross was introduced as evidence today in,the S250i0D0 srttaoking suit againsf! Philip Morris: in, the U. S. District court: Lyman Field, attorney, for the 62-year-o:d Overland Park, resi- dent, read the statement made by Dr. Kenneth D: Dcvine who removed the cancer from RossSs throat in a 3'.4-hotu operation February 16, 19ti2. Field read a question he had posed, to Dr. Devine: "Do you have an,opiniona based on your prnfessional' experience; as to whether John Rassls cancer was caused by his smoking of Philip D'forris cigarettes?:" "I do have an opinion," Field read'Yhe physician!s answer. "I think there is a medical proba-. .bility that smoking, caused his cancer." The answer was read only after a; lengthy objection by David Hardy, attorney for Philip ~Morriis: Hardy's objection i to the hypothctical question which h'ad been posed was based large!y on his contention that Ross's background was not accuratr'lg, presented in the que.- lvn. In overruling the objectioni. !udge Fibyd R. Gibson,agree1i tiat the questioni as presented, 1, Dr. Devine did contain soma ,-rors. He added that the weigh:, aid value of the hypotheticall Ipestion was, however, some. V±:ng, for the jury, to decide. T:ie deposition read, by Field :,':n contained, a detailed, an- ~.::is af the operation itself. The 0 ', far said that Ross's cancer a; highly malignant and in a i••catinn i wh'ere it, would spread quickly andibe difficult to cure. In ani atfempt to explain the malignancy o6 Ross'S cancer, if was described as a•'tiger4'. where a milM form might be 1^rmri : s a "house cat:"' Ilardv's readinG of, his cross r,~amir,ti,n of I`r: D^.-ine intrrnapt.-i rn-11.^ nnrn r-