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3 i `-Kansas City, Missouri i962 ~ly 2''- ~ EES N O SMDKINf E TO A CANCER i` :~- ~ ~; Dodor Tastifin for t?efanae ~ - at CiyareMe Damay., ~~,,Suit Trial. ~ 1... KAt1Sq5 CIT7( kAR AN~i,' Dr. Louis Clprf, St. Peters burgJ1a., was the first witness for the defense in the U. S. District court damage suit of Ross against the Phllip Morris °'. KANSAS CITY STAR Kansas City, Mi'ssouri' ' Juiy 3, 1962 Hardy: Did you ever know "A Distinct Nature." anyone who could do it? NO CANCER LINK ~~ commenting on cancer Dr. Clerf: No. f, in generalJ,Di. Ackerman said Hardy: Is it possible while "each particular,cancer in each smoking to have smoke eddy PATHOLOGIST SAYS Partictiar organ in each par- Iand swirl and leave deposits in ticular location has it8 own dis- the site we are discussing? ` tinct life history ..." Dr. Clert: I donlt think so. , :mokinq Mot' Ti.dl to Typ." Hardy asked the witness If Hardy: While br e a t!h i n g, of .Throat Cancer, Doeton .. cancer is many, diseases. would air or smoke go into the ."T.stifi.s. "Yes,° replied the doctor, "in area? 'cr = IDy file I have 3,OOfE cases" 'NOT EVEN A SUS,PECT' Dr. Clerf: it is not an air aoa e Dr. Ackerman then identifed taining spaae during reap,ra- NQNE IN FOOD TRACT' Ross's cancer as being located as it is closed. . r, . wfiollq witbia the gestrointes Smoke Could Not Miw~Gottan "- Dr. Lauren V. Ackerman G A~Ht From Photasb to Affected Tissues, 5 tine tract and said there waa ~ E n la r e d a hs, so Witness for Philip Nlor- i-•'~olutely no evidence of can- U dalist Says. H ~°tO~ P rts In Trial. cer anywhere,else." Ross, he Y ~ inehea tiigh, ot tissues taken _ from Ross were used for illus dtl z not have cancer a[' A r ehred apecialtst testitied trations in Dr Clecd's testimony. A pathologist with 16nB experi-• e ., s today that he does not believe Shortly before the noon recess enoe in cancer treatment testE ..; Hardy then performed a dem, °smoking can be considered~ as at 12:30. o7clook, Lyman Field, fied today there is no relation -V1sti'ation that he said was to stsr~hiri betweea cigarette amoYing and ~how that smoke could a suspect, much less as a attorney for Ross, not get m John T:, cancer in the throat area in :into the area where Rossla can, " of ' cancer , eanse "croas.esamination of the wit. phichi a plaintiff contends he =Ceaflldi occurred. He,e hs water Rossis case. '_I suffered the disease as the ra I R has' been established l by suit of smoking Pht7ip Martut from a glass on the court HHardy; through questioning, that eigarettea, clerklA table and breathed at Dr. Clerf was a member of sav- - Dr. Lauren V: AeJterman;,the least fo0r times, then swa11 eral professionai organiaations, aeeond defense witness to, ap- lowed:, nooe of which had publicly en-- pear in the damage suit against Dr. Ackermani who was d i dor3ed the: theory that smoking the tobacco company, added watching: closely, commented oompaay. Ross is eontending that smok-; can cause cancer. - that it would be impossible to "that was a very nice swallow." ,I'ng',eaused his cancer. I Field, i n questioning Dr, Qet smoke into the food tract. Hardy asked i the doctor what `Pre.ented as Fapert Clerf, determined that neither Nor could Lyman Field, at- Rould have happened if the tormey tor Joba T Ross shakewater had eddied around the r had the organization said,out-. _ David Hardy, attormey fo, ~ P6~1ip Morr3s, devoted 40 min ~t that smoking, could not the doctor, from his testimony larynx or swirled around,where during ~ tttes at the opening of direxbez-j cause oanoer:,a crossc:amination ~ou wouldn't been,sble litving of The orossexamination was tb Extensive amination to the qaa Fsperienee. Dr. Clerf as an authority anddhave beeo resumed at 2 o+elock: David Hardy. representing: ~ y.' the pathologist ne e=oert on otolarvngology. . Rwas pointed out that Dr. Clerf, as a teacher, has io- strueted some 4,000 doctors-in, addition to between go0 and 900' 'n apecialist$-in throatt ailments. Dr. Clerf said he has per- formed I more than 1,200 throat operations for cancer and at least 1,400 or 1,500 major sur- gical procedures on the larynx: "In, Digpst3ve Tract." Hardy saidlthe defen.se,is con- tending that the location of'the cancer in Ross's throat was a part of, the digestive traot rather than of the respiratbry tract. It is contended Hardy said, that it would be, impnssi- ble dor, smoke or air to get into the location because It is int• e possible for a person to swallow and breathe at the same time. Dr. Clerf agreedJ adding that the, action of breathing obliter- ates the sinus+like area in which the cancer was present. Hardy asked,specdficailly whether a person could breathe nd' swallow at' the same time. Dr. Clprt replied: "I don't,believe one could do lt short ot'a,lot of practice, and prnbahiy cn-ddb'l do,it then." Philip Morris, brought out in . At this point Hardy pulled a the jury trisl betore Judge,Fioyd ~ackage of Phili Morris c' ar- R. Gibson in U. S. District W p ~ `~ from his pocket and asked court that Dr. Ackerman saw, ;as many as 17,000 cancer surg;'Judge Gibson if be would relax '',1ca1 specimens a year while the "no smoking nilb is , the VOuItr00m for "one puff.•' :);erving as pathoiogist in Ihe - F eld jumped to his feet' and pfassachusetts cancer h'ospital: Objected bat' Hardy's proposal • Later, between 1940 and I 194E would be an i improper demon- ~r. Ackerman was pathologi,i .atration. The jurist upheld the nd part of the time was dliec• .objeati'cz. jor of the Missouri cancer hos. Under questioeing by Hardy, pital in Columbia. He now is ~pr. Ackerman told' the court an instructor in patho1ogy at the that the region in which Rosa school of medicine at Washing-, ;¢llegedly suffered,the disease is ton university, St: Louis. .pormally closed and, the ottly. : Continuing, in an effort tn ~Jime it opens is to permit,food establish Dr. Ackerman as an and drink to pass through to the :expert, Hardy showed the doc- stomach. tor is: the United' States repre- The witness emphasized his tentative to the International testimony related to cancer, of '}Inion Against Cancer, the path= the digestive , tract and' not the t1logist' on a 1Wmember com- r~p~alory tract. :+hission of the American Cancer During cross-examination by 'iociety which determines the Field Dr. Ackerman acknowl, iwarding of grants for research. edged he has been paid $1,g75' and has taught'and lectured In fover the lact four years in con- a dozen foreign countries., . sulation fees in,eonnection with !the case: 0 `_