Tobacco Documents Online

( C c 03 's 3ri, -7 44-T'HE KANSAS CITY STAR Kansas City, Missouri . ,Tune 25, 1962 PLAINTIFF TO USE DATA 0F DEFENSE Unusual Switch In Court Tac- tics Involves Cigarettie Trial Deposition. TESTIFIES . Off CAWCER MalnoClinic Pathologisfi'on the Stand' in Federal Court Case. In an unusual move, the attur- ney for the plaintiffi introduced today a deposition that was taken for the defense in the can- cer-smoking trial' o4 John T. Ross against the Philip Morris company in U. S. District oourt. The deposition, by Dr. Mt:9 X Parkhill, a consultant in pathologicall surgery at the. Mayo clinic since 1936, was ini. troduced by Lyman Field, whc is representing Ross. As Complex Issue. It became apparent that the attempt to resolve by jury the complex problem of the guilt or innocence of tobacco smoking, as a cause of cancer is addition- ally complicated in Ross'§ case by the location of the cancer. The malignancy was not in any throat organ-as such---but • In a cavity formed by the uialls cf adjacent' or,^,ams., an~i while thQ cavity piais no real nart' in the process of breathing or smoking, little pocitiive testy- mony could I be el'icite^: as to the amount of air or smoke whichi might or might not find its way She replied that she Knew to it. 'nrne. After a welter Qf technical ter- When Hardy asked' if' any minology, Field askedlDr. Park- traces of matter were founLl in hill a final question on cross- the cancer tissue removel from examination. ROss's throat, Dr. Parkhilll re- Referring, to the cavity where Plied they were not. She addea Ross's cancer, was, Field asked that she had made no check for if tobacco smoke was not bound minute particles. to get into it. Photogcaphs taken i more than eight' years after the operation "'Yes," the witness replied. were made of those parts of Question 1!3• I)efense. Ross's throat which were re- David ifarr!p, attorney for ~noved. 7mey were introdaeed Philip Morrih, had' asked Dr. as evidence today. The tissue Is Parkhill if there was any scicn- kept as standarxll procedure In tific evidence to support a cun- the Mayo tissue registry file. tention that particles in air or A physician for Phillp Atrmris smoke might be precipitratiedl in .aiso examinedi the 8-year-0ldi the caviiy where the cancer tiissue to confirm the presence was,•, . of'cancer. THE KANSAS' CITY STAR Kansas Cityy Missouri June 26) 1962 SEES 'POLLUTED' AIR IM SMOKER'S LUNGS Federal H.alth Cffficia1 Ties Use of Cigarettea to Canc.r. 'RISK MANY TIMES MORE' C}iance of, Tumor Multiplied 6 to 10 Times, HiF Tells Court, Testimony by deposition from Dr. Michael Boris Shimkin oc+ cupied the United States Dist- rict court this morning in the damage suit of ' John T. Ross, a cancer victim, against the Philip Morris company. Lyman Field, attmney for Ross, read a statement In which Dr. Shimkin answered a hypo- thetdcal question about Ross's t throat cancer. The chances of contracting that, type of cancer, Dr. Shimkin said, were 6 1 to 10 times greater In smokers than in . non-smokers. As Air Pbllatioa. Smoking represents a perfect example of air pollution, Dr. Shimkin said, tind air polli)tion i is a factor in throat' and lung, cancer. In answer to another hypn- thetical question, Dr. Shimikiro said it was "more than probable this individual wouldl not have contracted cancer had' he nnt, smoked." The answer was stricken from the record after David Hardy, attorney for Phi7ip Momris, ob• jected! that the question had' not presented a true medical pic- ture of Ross and had not proper- ly described the location of'hisf cancer. Asked About Number, On cross examination, Hardy asked if it was true that even among heavy smokers only, a ~ small per cent contract the type of'cancer Ross had. 0 "That is correct,"' Dr. Shim- 0 kin answered. co Hardyalsoelicitedl agree- ~ ment from Dr. Shimkin, a med- ical officer with the U. S. Putr- ~ lic Health service, that exces, •sive use of' alcohol and' nutri- -%I tional deficiency albo are plau+ ~ sible faetors in throat cancer. ~