Tobacco Documents Online

Press stories involving tobacco and the tobacco-health question that.have been observed since the previous report (PR No. 30-60, tiugusti y) are no-cea in tne ro.[u.owing pages. The New Orleans suit did not get much press attention outside of Selected local stories on the progress of the case are included. that city until the decision in favor of the companies on October 11. r Other recent stories of interest include: . New T.I.R.C. research authorization issued 0ctober New T.I.R.C. grants. , . , Dr. Joseph Berkson questions statistical approaches to the tobacco-lung cancer question. Dr. Michael Shimkin's anti-tobacco talk at Minneapolis and industry comment. Attention to Tobacco and the Health of a Nation (additional). tobacco smoke, and T.I.R.C. statement. Dr. William Sunderma.n's paper alleging nickel found in Revival of Dr. Henry Satterlee's arsenic theories and industry comment. . Continued American Cancer Society "educational" activities in schools. Use of filmstrip. 10. Outlook story, HERA:LDr-TRIBUTTE, includes health. Other items noted herein include reader reaction to Redbook article, pickup of pro-tobacco story from~U.S.A. Magazine, and reported failure of British insurance company's test of public interest in granting "preferred" rates to non-smokers. Hill and Knowlton, Inc. Public Relations Counsel 150 East 42nd Street % New York 17, N. Y.

...~..-..Y.r . ,. ., ._. .~.1"`i~ . _. . . ! 11= ~'yv~ti~a.~ ~ selected Tuesday when court 'opens at 10 A. m., and then at- torneys in the case will make their opening statements to the fury. The alternate jurors will participate in the case only lit the event regular members of 0_ #he juury are unable to complete a hearing of the trial. Tfie suit has been, brought by Mrs, Victoria St. Pierre Lark1= gue, formerly a resident i+E FY~anklin, now of Houston, Tex.,_ ~'She claims that her husband, .,Frank J. Lartigue, began smok- Selds who may be called during the case which is expected to take about two weeks to try. •' ; "Among those who will testify are Dr. Alton Ochsner of New Orleans and a number. of other local physicians and surgeons as 'weli as a number of other locai physicians and surgeons as well as a number from var1- ious parts of the country and from as far away as Canada and Australia. ;• SEEKS i779,600 . Mrs. Lartigue Is seeking dam- ages of;779,500 for her husband' band's death, charging negli- gence on the part of the ciga- rette manufacturers as well as 'reaches of express and im• - liedwarranty. The 12 jurors selected Monday Include seven smokers and five n-smokers. t,; LThose on-the jury include Mrs. owen G. Quebedo, Mrs. Flor- Prrce S. Steiner, Jules L. Lam- ing in 1899 And smoked two bert Sr., Harold Theriot, Mrs. packages of cigarettes a day un. Yvonne Posner, Neonard J. Jar- til shortly before his 'death on teau, Louis J. Gamas, Mrs. July 13, 1955. Helen M. Jeffries, Joseph J. 11onday in federal 'court for the -'trial of a suit in which it is aI- - - leged that the plaintiff's death `~ from lung cancer was caused ~..' by his cigaret smoking. ~i•<: The whole day was taken up With the selection of the 12 ( 1ur- ors. The first venire of 35 per- t sons was exhausted and an ad- _ditional venire had to be called to* complete the selection. ~.. :.Two alternate jurors will te EXPERTS TO TPSTIFY Mrs. Lartigue Is represented by H. Alva Brumfield of Baton Rouge and Melvin M. Belli of San Francisco in her suit against the Liggett and Meyers Tobacco Company and the R. J. Reynolds lbbacco Company. . The companies are represent- ed by the New Orleans law firms of Chaffe, McCall, Plyil'= Armbruster, Joseph J. Olivier Jr., Mrs. Rose Barber and Mrs. Beverly O. Cannaday. -Many prospective jurors were excused by Judge Herbert W. Christenberry when they said that they had definite opinions as to whether cigarette smok- !ng was related to cancer.

.~~s... "~y~ ~-ef•~,v~i y ,,• ~ F~ i~~ :. , . ... ~S".',;'r~ - ','~' .vr.; n. •~. Y Sl~i~'.~, iHk ALTS' NEfiLECT SEEN tributory negligence on the part Theodore Kindle of the Newl of Lartigue, the defense attor- law firm of Davis Polk, ney described him. a~, a cigar- York Sunderland .'and Kindle, asso- ette "fiend" as far back•as 1899 when he was only nine years old. He pointed out that in 1899 the Liggett and Meyers firm was not in existence. Kindle called Lartigue "a hu- man chimney" and said that in a pre-trial deposition his widow testified that his smoking was so bad that she "had to get out of the house lots of times." He described I.artigue' as a `.~~`•'" very unhealthy man who had many diseases In his early life and "a prospect for most any type of disease." i Kindle told the jury that there is no basis for a monetary re- covery based on anything which happened after July, 1955, the ..{ ,.,; time of Lartigue's death. "Prior to that ' time," he cIaimed, f o~ - edical s c ie n c e had not ched the point where it could -~- be said that smoking cigarettes could cause this condition." CANCER CAUSE PUZZI.E ' The cause of cancer today, Kindle asserted, Is still as much of a mystery as ever. He claimed that the defense will prove that Lartigue's death was not caused by any of the tobacco products. Harry Keileher,. o[ the New Orleans firm of Lemle and Kel- leher, representing Liggett and Meyers, told the jury that he adopted Kindle`s opening state- ment but reminded them that the Liggett and Meyers firm was not established until 1911, 10 years after Lartigue startea smoking- He pointed out that until 1911 King Bee tobacco and Picayune cigarettes were manufactured by the W. R. Irby Company of New Orleans. Smoking, Cancer ` Rela- .~~ ; . r,~~j tionship Involved ~ A federal court jury impan- ,eled for the trial of a suit in- t :{rolving the relationship between ,c,~g„aTette smoking and cancer 4 ,beard. opening statements of =„ r eounsel Tuesday. ,o,{;7 l-lmost the entire second day V 'of the trial was taken up with the selectiori of two alternate f urors who will participate in the deliberations only if regular mrmbers of the jury are unable to complete hearing the case. 'The taking of testimony in the case in which Mrs. Victoria St. Pierre . Lartigue,. formerly a resident' of ' Franklin, now of Houston, Tex., claims that her 4usband's fatal lung cancer was C. caused by his smoking of ciga- rettes is scheduled to begin~ at _ 10 $. m., Wednesday before Judge Herbert. W. Christen- '4.~= Mrs. Lartlgue is suing the I3ggett ' and Meyers Tobacco Company and the R. J. Rey- polds TobaccWCompany. CALLED .CHAIN SMOKER j H., Alva Brumfield, Baton Rouge attorney, -representing Mrs. Lartigue, charged in his opening statement that the two '`defendants killed her husband a nGt by running over him with one of their trucks, but causing his -death just as affectiveiy by the use of products manufac-I tured and sold by them." LL: He told the jury that he hopes', to prove that Frank J. Lartigue used Liggett and Meyers and' R. J. Reynolds products for 91I years and smoked them exces- sively. The attorney described the deceased as a chain smoker who used more than two pack- ages of cigarettes a day. He diS- played to thl jury packages oflcl a~d -with the New Orleans KIng Bee tobacco and Picayune,firm-of Chaffe, McCall, Phillips,; cigarettes, products of LiBgett'Burke and Hopkins, representin and Meyers, and a package of g Camels, a product of the Rey-~R. J. Reynolds, told the juryi nolds company. He said that'ti'at _evidence of 'the defense Lartigue rolled 'his own cigar-!wlll show"tbat tartigue's death ettes with the KiHg Bee and, was caused. by his own neglect also used licayunes and Cam= of his health.> .-: els. The defendants claicn, Kindle sserted,' that I.artigUe's death Lartigue died In July, .1955, ~,as not caused by aqything at the age of 65, Brumfield ey did or did not do in any said, in. the Veterans Adminis- ay, " ahape or form," kration ' hospital. In Houston , He alleged that the claim of where he went after being!oper- the plaintiff is. supported only ated on for the cancer at the by .••yuspicion, conjecture, and Ochsner Foundation hospital tn things of that character,, no sub- stantial New Orleans _ evidence." `CIGARETTE I+'IZND' ~dle s h a r p 1 y criticized The 1 plaiptiff's attorney de' Brumfield's request that the scribed him as "a cigarette jury bring in a verdict for the fiend.',' Brumfield told the jury widow in the sunl of ;150,000, 1 "the first thing he did' in ttle pointing out that the amount morning was smoke a cigarette., sought in the original suit vas He smoked all day, through,,the $779,500. He' referred to this day and smoked every. cigar- amount as "a dream." He as- ette down to the very butt." . serted that he will produce evi-• The attorney said that he wp dence to show that while Larti- prove that the tWo companies gue was still alive ,he offered had a"Tesponsibil.ity to malfe to settle with R. J. Reynolds their product wholesome, "to for $750 for hospitalization ex- make their product in such a penses and;750 for loss of work. manner that they wouldn't kill 'HAD TO GET OUT' : people or cause them - any Discussing the factor of con, harm.,".. He claimed that he will show `'• ~.- harmful tars in cigarettes which cause cancer and 'hat the com- panies have -never giveu any warning on their, packages or in' advertising ; 'that' their products' are unwholesome. - ~ He outlined that he hopes to;, prove his case through a chainll bf statistical, biological, chemi- I cal, pathological, and . clinicall evidence, There Is serious conflict In medical science as .to what causes cancer, he said, "and I don't believe anyone can say specifically what causes can cer."

I he has specialized In testing and that during his research he drugs and cigarettes. ..has smoked f f v e dit(erent food ; told the jury that in March, brands, including Camels, in a 1958,he tested samples of Kirtg aemi-automatic machine. When the witness testified that See tobacco and Picayune and _~? ~ ,- Camel cigarettks submitted to he tested all five bzands Uogefit. S~i~ T S ~ . pICpYUNE him by Brumfield and measured et'• Harry McCall Jr., a defense { He said thathe Is of the op1n• ~" tto ne bj 1nlJt d to th in' O L l i i y. a r eee e s eans, ou s ew r ana their nicotine and tar content, a lon thatthere is a causal elleeC 1Q60 ,.:TELIg RESULT OF TESTS '01 any testimony from the witness nlatfonship between this type v, September 22 , • 'Dr. Fitelson testified that, tlte ~tiitg to any brsnds but i Camets. The objection wai sus ~f cancer and smoking. 6QUAatOUSTYPE SHOWN ~n~l ~N+(`~ cigarettes weremachine tested by intenda- THI~s+E TESTIFY aemfautomat(a ~~ ~~~ ~~~ Dr. McDonald testified that he however, did allow testimony on had examined the slldb mnde ed to duplieate the habits of the the produt'tion of tan from or- b th th t l h i y . o og s . w o per. e pa ~ t r {~ r C -average.•smoker-apd thatthe ~c matter in generall '... j jR, z IN TVBAVEH -IUIT brown residue which was left in Dr Van Duuren tCld the Jury, oof lartormed the autopsy on thebody tlgue and he had:squam. a conciensutg chamber of the ~ d r m , a~~ {~ tar IS ~~ d ous }ype cancers of the lungs +;' machine was tested for the tar k b acco an the mmo e of any to 7 ~ ....:. and vocal cords, Fsr~i~;4 , ell of Researcli Involv and nicotine. .- that '•carciaogenim ntaterlal'• >3 From From looking at the slides he f-1fie cliemist testified that the obtained from all fotms of to- ~a f• lIlg Cigarettes Use testified, he was able to deter ~ : aieotine content in the Camel b *~ a~ ~o . µ4 • pa < '"cigazettes tested was measured descn-bed that lnaterial as mine that Iartigue was a heavy He ip etweensmoktr.b an .1 conductmgresearch on~there- whatthe biologists called tumors. cs _ngIationship of smoking to cancer I on cool , to he room said, was temperature. allbwed to I saw growth's--sores,' the wit- . ance?and was publishedin - , • ..•:, for the past five years under ness said. 1956. the sponsorship of, theAmerican NO'ACl'ARDIOY ACTION' On crossexarnination by Haas,~ ARTICLES DISL'USSED smo e was a ow to se e t ot.industrial~ medicine atNew~ and then washed with hot of these careinageniccompounds wrote about cancer, only one water. The final so.u- onthe backs of mice. "I saw discussed the causalrel8tlon- York university who has been cohol and h „ b d t ta tti d .Van,Duuren:assistant professor theshngk . con tne ll actd an U at the results of the painting of someofthe more than 300 articles he e o r so day included Dr. Jacob Fitel• nse have different effects on humans. loser to the cance.ous stage, said a that the rneys, condensing cisam- son, a New York consulting •~F of the machine used in the The witness testified that he Under cross-examination by worked with biologists and saw 1L'iendl, Dr. 1ricDomald'~said that :.analytical chemistt Dr•B• I. d " d s 3 g 1 m nd bls cigarette smokmg. -. Frederick Haas, on of the de- to d the 7ury to eep in P n that these materials might well a day and which he said was Those who testif'ied• Wednes- -f Fitcl tt D and vocalicords was caused by ,• On cross examutation by on1y.for ats probative value- He a per w o ore than one cka e ofci arette k i a rettes ma e wtW t)teKmgee,, _ death from cancer of the lung ~.3 milligrams testimony was being admftted said was probably the tissue of son~ ~h smoked in an i groands that her husband a d who cauhorted ihe lury that such stave, a tr w e t 13 seekzng damages lrom twa grams, the Pitayunes, 271 the trfal. But the objection was s o e, c s ttobacco companies on the milligrams, and in the ciga-, overntledbyJudgeCnristenberry,, beingin, a •'pre precancetous " d h' d h'ch h e sa eo R iuit in which a Housttm widow pf the Camels was 27.7 milli•l studies should not be allowed in person who "u n d o u b t e d] y m k d" whi h he de cr ' bed as posstble etfeets on the human faund,to be 4:42milligratns per Defeaise attorneys argued at fore and he ldentifted one as jumgs and vocal cords. - -dgarette. lritgth that testimony concerning being the tissue of a non-smok. The testimony was given in . H ntent" the results of anunal cancel. r, another as the tissue of a fd that the tar with cigarette smoking and; its rolled into ciguettes fY was DEFE-VSE OVERBULED which he had never seen be. ~ bave conducted In connection w'8s 2•69 nulltgrams" and in maly. taken from three Individuals Kfag Bee tbbacco avttich was n any caretnoge reac' n on rtes of l8ntern sitdes of tissues trl¢t oourt about research they tD The witness was attown a se "Led Wednesday in federali d1s- ~~ei Hicayune cigarettes it W=P= ~ ~ ~~ Thtee expert witnesses testl- at 248 illigrams per cigarette . smoker. - ;1ir-. . Cancer Society, andDr.John R. Under questioning by Haas, the witnesssaid that he reported Be said that' in 1955 he pub- ! and professor ot~ pathology at mtght be ashght chemical death of Lartigue. Hetestifted the relationstiip between tliroat McDonald, Detroit pathologist the chemtst admitted that there none of his work prior to the fished one article dealing with BEGAN S\1'.oRLwG IN 1E99 He said ihat therestdue was of his work waspubbstud until however, that~ his opinion on ~ k t o th d nev r S e ep m re an one ay eptemMr, 1958,. and prior tests the causal relationship has been -1tte sua on tiial was brought before being tested. had been negative. entertained since his studies ~^'by Mrs. Victoria St. Pierre '1'he wfu+ess said that the ma-After the noon recess the, started In 1954. `•- anklin f F l i f y-o r gue„ ormer : Lart .ehine used In the testinghad r.o plaintitf's attorneys called Dr:' fAendliproduced four articles e 'dent of Houston w a rs~ s e d smoking in 1899 and or ~ on e him~. 1Ithat opmion was began bdnplicate of tiuman~smoking, lungs since 1933and hasPub• xaressed in these articles- The an no • accordion action bke thehu- McDonald to the stand. Hetes- written byDr. McDonald'~and She claims that her husband man lungand was not an eract tified that he ha w k d' k +. . - p c^°6°° - ~•6-•- in answer to aquesuon oy shed over 3001 articles, mar.ywitness said that it wasin two, ettes a day unt:l he dic of can. q•heodorv Kiendl, another de-,IYYYLf them deali: e with liing can, of the articles and, contended .`eer in July,1955. She is repre- tense attorney, the che,nlsttes-~ cer. that lt was•''p m lled• In the sented by H. Alva Brumfield of tified that he knew nothing of 'BatonRougeand NewOrleans, the Iartigue sultwheahe made ~Nf`S CX\CER„S1LOliINGolhers- "It was not stated as and, bfelvin M. Belli ofSan the tests. .. He testified that he has stud- clearly, It was sort of fmpiled Francisco. -• - On re-direct examination by ted~groups of smokers and non- In the background, possibly Defendants are the R. J. Rey 'Brumfield, the withess estimat- smokers, He explained that he deeper than it should have • has. dctermined that'~ the epithe- hrfert," he asserted. nolds Tobacco Company and,the ed that there were 20 drops of Liggett and Myers Tobacco - nicotine In each package of iium lining of the bronchial At the conclusion of his tes- Company. The Reynolds firm cigarettes. tubes in smokers becomes timony, Dr. McDonald said is represented by the New Or. Dr, Van Duuren followed the smaller, and a lining of the that he smoked cigarettes until ]eans legal firm of Chaffe, Mc- first witness to the stand and tubes which normally act to eight ycars ago, then "become Call, Philnips, Burke and Hop was examined by Beili. sweep out Impurities becomes convinced," 7he tr'aii w ill' be resu ed t: t m a a we,. uner - Liggett and~fityers Is represenhworks which have been~ pub• These changes,tfiepathologist ed bytlie firm of Lemle and lished'~ by the United States de-I s;. do not appcar In nor~. Kelleher of New Orleans, and partment of public health as a smoers. He testified that the :Webster„ Shefficld and Chrystle result~ of his work for the Na' lung membranes~o4 smokers be-'o6NewYork. • .. tionaliCancerInstitute. come hard, thickenandundenr -, The first wi~tnesscalled!by the Dr. Van Duuren testified that go~Pre-cancerous changes: -ttorneys for the plalntiflwas his work has been In the lsolat- Thewitnesstold the jury thet and identifying certain cont- he has never seen a"squamous in g •''Dt. Filetson. lie ltstl[icd that pounds found In cigarette smoke Icell'~' eancerin the lung of a York fii•moLDavis, Polk, Ward- Be statedthathe is an organ- appears. Cancerous growths i10 a. m. 73tursday. , nd andKfeqdl lcchemist and has written tnen- develop, he said, 11 5 d l fson-smoker. UndM' questloning'- by JCdge Atrlstenberry, the wlt= ness said that there are severali other types of lung cancer, but the one he referred to _ was found in smokers' lungs

~e'41re~sal4wr ,'.sar.., i -n ..•in».. .,,-.. . ,r ,,,a.: .. < c • • ~ ~ ~ . ~ .. w., . ~ , ~.~ # .•.Knuxr,- v,.r~;:ax . .,.;.. . ... .,:v., ~-.,...~-n.;~kv. l esr Orleans, Louisiana OF.CANCER CHECK3 betveena194seand 1948 a rl g BLAMES LARTIGUE'S ~;THE TIMES-PICAYUNE DR. OCHSNER TELLS ~'' Ochsner testitied, how-a aough already and disregard When Dn 0' Chaner tM4! fhs ahirh timn ra,-Inln chvi,ne m ~~~if. estifies on Views on g c : n osp ta records regard- ese ,a'CAnCer, Cigarettes , Dttting almost' half an hour h+g smoking histories were not Z'°r- -..;.;:-_ • -~ r ;.- :.'.. .. oonsumed in the questtoning of correct. ^ . _ ; : ~ • .-- -: Dr Alton Ochsner testified Dr. Ochsner concerning his "11 we asked a patient if he ursday in federal court that qualifications, he brought out smoked he would say 'no,' and l fi d d " n out that he ha d concluded conclusively" that he has personally seen we wou ~,. has It ~'tha there is a relationship be. about'2000 lung cancer patients stopped the day before, We *.tween ltmg cancer and cigarette and has operated on about half learned that we had to have smoking. that number. The other half, he specific smoking records. Peo- Tfte specialist in lung surgery asserted, were cases which had p1e suspected' of having cancer, l apparently were ashamed of was on the witness stand the one so far that nothing would entire day in a trial in which a~ave been accomplished by an their smoking," Dr. Ochsner Houston widowis suing two,to- bperation. - -,- told the court. bacco firms on the grounds Of the patients he has seen, SAYS 85 PER CENT that her husband's death from the witness said, about 95 per DUE TO SMOKING batg cancer in 1i155 was caused cent have had' squamous cell by his cigarette smoking: cancers caused by cigarette The defects In the hospital Irecords were not discovered un- smoking: The other 12 to 15 per tii 17 i te en e morn ng session til 1939, the wTfnessaid, and s and for a short while after the icent had cancers of another it was then~that a s which he did not attribute pacialismok- IUn¢heon recess Dr. Ochsner type ' was under direet examination to smoking„ ing history form was devised . r n • resided m F7anlall third person to successfullyre- g due to an increase in the use ofl move a lung. She Is suiag the R. di Rey- Asked by the plaintiff's attor- ~igarettes. "In every publica- twlds Tobacco Com i h d ti I h pany an on s nce t en ave consis ney how many of the 2000 pa-- the Uggett and Myers Tobacco tients he tently said' that there is evi- li ft saw were a ve a er Company. Her husband, Frank denceof a causal relationsiup;" five years thhii ,e pyscan re-Lartigue, died at the ageof Dr. Oclisner asserrted; Under the uestionin for cancer patients. by H. Alva Bntmfield, an at- q g by I In a publication in 1950, he BrumEield Dr OcHsner testi t orney for -frs Victoria St • t ..,.estified, he pointed to the ln tied that in 1934 he wa th Pi s e erre Lartigue wh f ,oarmer ly, cidence of lung cance as bei plied" He testifiedthaC d 65 after smoking since he wa i th s ur ng e , Dine years old. according to ~The number ispitifully]ow. past year between 30,000: a andi There is only a five per cent testimony in the case: 90,000. persons have died'of lungl " Of those he o survival l rate. p- When rt cou was recessed b cancer 85 per cent of it d y,,ue Judge Herbert1V. Christenberry erated on, Dr. Ochsner said that to smoking. I ahout'~ 15 per cent were still at 5:30 P. m., Dr. Ochsner was 6'' The doctor read from a pa-~ ~ ve after five years. per he published in 1951 pre- • under cross - examination by t"' ~ He loldthe jury thathefirsl Theodore Kiendl, New York at. ~cting thatlung cancer caused i ecame nterestedcausa] torney who represents the Rey- relationship b et in wee the n cigar- by smoking would eventually mlds firm:Beeause Dr. Ochsner be rnme the most common form, ,Gscheduled to leave the city for ette smoking and lung cancer I and'~. he said that the prediction a trip abroad; Judge Christen- in the late1930sand wrote the has come true. tii•st article on the subject in berry said that his erossexami He also read from 1953p --~ aa- tuttion will be resumed atg 1939. Per in which he said that it a. m. Friday, an hour earlier STUDIES OF CASE was important that lung cancer than court usually convenes. HISTORIES TOLD be considered in every man During Dr. Ocasner'Sdirect "At that time I only had, an past 90who had smoked one examination here,iewed his re- opihionof the relationship," he ackof cigarettes a day for 20 search on lung caar cer andsaid testified and he read from that ears. that there are now two types of first article in which he had Dr. Ochsner testified that at physicians who do not agree referred to the increase in cig•trst researchers thought Uiat tnen had a s tibil th t ecial wi i . his findings as to the re- arette smokingas'"a probable lationship b'etweensmaking and factor" in the increase of lun g lung cancer. He said these are cancer. the ones who work for tobacco He read from an a wri2- eompanies and those who arellten~ laterln the rticie same yearli1 _..,.-.- r con- He alto testified that he be -I'r.ictionl that pulmonary carci- lieved'~ that the lung cancer noma is due largely to the in- which caused Frank J. Larti: crease in smoking;'. gue's death wascaused byhis The witness quoted finmsev- amokieg of cigarettes. I eral otherarticlos written~.from On cross examination~ Dr. 1939through1945 in~which the Ochsner denied that hettas"an same opiniom was expressed. aversion ur smoking." He said: Atter morestudies; he said, he 'I'm frightened. I'm opposed to "concluded conclusively" that smokingforhcalth reasons. ' there is a casual relationship. ,tand, he described himself as made that he wrote articles 1n a specialist in surgery and said which he said that no factors that he has taken particular in. were found which would bear terest In lungs. He testified out a determination of a causal that he has had over, 400 of his relationship. scientific papers published, .. These studies were based on about 50 of them dealing with case histories taken from pa- lung cancer, as well as two tients at Charity htupital' and popular books on the subject of Touro Infirmary. He said that smoking in relation to health It was later determined that and lun aneer h i l th which he said; "It is ou DEATH ON S14IOKING Dr. Ochsner was asked by iumfield H he had examined the autopsy report of Lartigue, the deceased husband of tha plaintiff. He replied that he had and that it was his opinion that Lartigue d i e d of epidermoid cancer whtch was caused by smoking. The expert said that he has the same opinion of the causal relationship of smoking tb,can- ar of the larynx, but "cannot speak authoritatively on that subject." -- .c Dr. Oehsner related the re• sults of a study made on Charr ity hospital ~ patients in 1954 in which the non-smokers were re- vealed to have normal mucous membrane whereas in the smokers definite changes were seen in the bronchial mucous membrane. He described these as pre-cancerous changes. . Smokers' mucous membranes, it~'e said;,begin to resemble skin. ft. becomes tough, cancer devel- ops and extends through the bronchial wall. - . , He claimedthat experience has shown that as smoking de- creases there is a reversal of • this process. "We know there is a reversali of the process In the larynx because we can see tt,"Dr. Ochsner said. - • He testified that he believed that there are smoking addicts and defined an addict as "one not being able to g"rveup a habit." The doctor added, "I have seen several patients who had severe arterial diseases who Itbld that if they did not stop smoking they would lose their extremities, and~ they did not, stop and they did'lose their ex- tremities." HOLDS EVIDENCE [S 'OVER~VHEL3iING' The surgeon said that at the begiMing of hisinvestigations his opinions as to the causal effects -ot smoking in relation to cancer of thelungwere "pretty nebu- lous "' but that since that time he hasconsidered the evidence "avenvhe1ming." , susoep -I "'°O "" 1MO `yt"' °1 N"t"- p ity to lung cancer. They are vcians who do notadmit the tr nowconvinced that this is noti lationship, he told the jury,"They, the case and that lung cancer are the emplAyesrot the tobacco Is showing an increase in wom-1 companies and those who are ad- en as their smoking habits in. d'ctedi' crease, he added. He asserted that informiitg h1sHe said that unfortunately oplnions he relied on two "pt•o- thereisno early way to recog- spective"studies madeb'y other niae lung cancer and that every- scientists which he considered one who smokes should have an much' ~ better than his "tetrospec• X-ray made of his lungs every tive" studies. The"prospective" three months. . i studies were concerned with large The first symptoms, the wit- numbers of normal people whoseness said, are usually In the histories were follow•edifor several f o rm of coughing, but unfor. years to see what happened to tunately, smokers usually have them. In respecttoanimal experimen- tation, Dr. Ochsner said,tliat such

studies have been used In part as the basis for his opinions and the experiments have supportedhis clinical experience. He produced a microscopic slide of a section of lung tissue taken from Lartigue at autopsy as well as X-rays made of Larti- ,.` gue's lungs taken when he was a patient at Foundation hospital. - ; Dr. Ochsner identified the can- cer of the right lung for the jury and. testified that Lartigue had an epidermoid or squamous cell cancer of the lung. After hearing Brumfield read a history of Lartigue's personal life, including his smoking habits, the doctor was asked his opinion as to what caused the lung cancer. "I believe it was excessive -smoking. I believe the cancer of •` his larnyx was also caused by smoking," he rep?ied. ANSWERS QUESTIONS ' ABOUT 'OTHER FACTS' - On cross examination, Dr. Orhs- • ner, in answer to a question by •,<. Kiendl, said that he had assumed that all of the facts recited by Brumfield as to Lartigue's. per- : sonal history and smoking' habits were true. He said that he seen • ; I,artigue's history. • ."Zt doesn't matter what an of the other facts were, if the two cardinal factors, smoking and can- cer, were there, your answer would be the same, all of the other facts would be surpluses?" Kiendl asked. ., The witness answered, "Yes." . Dr. Ochsner said that no matter what diseases of the respiratory tract Lartigue might have had, be would not change his opinion • as to the cause of the cancer.of the lung. "1liberculosis would not make any difference. Our experience shows no relationship between tuberculosis and cancer of the lung," he'answered Kiendi. Lartigue's history shows that he suffered from tuberculosis and a number of other diseases in his early fife. "Is it fair to state that you have a profound aversion to smok- ing?" Kiendl asked Dr. Ochsner. "No, I am frightened. I have no aversion to smoking. As a phy sician I am frightened as to what It does," the witness answered. Asked about whether or not he has smoked, Dr. Ochsner said that he smoked about a dozen cigar- ettes when he was 21 years old. `My father asked me not to until I was 21 and I had a great respect for him and did not. I tried it, it tasted so vile I didn't again," he asserted. NO 'MYSTERY' ABOUT . CANCER-OCHSNER Kiendl then asked the doctor if he had ever testified that ,he had never smoked in his ;Sfe and _ Dr. Ocnsner replied, "No, I don't believe I did." 1 Later In the cross examina- tion Kiendle produced an ar- ticle and read It in which he quoted Dr. Ochsner as saying, "I have never smoked and if I had I cannot imagine my- self continuing after looking at a• cancer." A great portion of the cross- examination was taken up with the introduction of a r t i c l e s written by Dr. Ochsner as late as 1949 In which the defense at- torney claimed that the doc- tor had stated that the definite eause of lung cancer was not known and much of the re- search was "obscure" _ With the production of every one of these articles Dr. Ochs- ner claimed that the defense attorney was lifting certain por- tions out of context. Dr. Ochsner was a s k e d: "Isn't it true that the mystery of c a n c e r has never been solved?" He answered : "There Isn't any mystery about can- cer." " In connection with Dr. Ochs- ner's testimony concerning the use of the prospective studies which he used to support his opinions, Kiendl produced testi- mony from another t r i a 1 In which the conductor of one of •these studies testified and at- tempted to show that the tes- timony proved that the studies did not show a relationship be- 'tween lung cancer and smok- 1ng. Dr. O c h s n e r denied any knowledge of the testimony and when shown an article writ- ten by the same researcher and asked to point out any direct statement concerning such a re- lationship, the witness s a i d that he could not, but called attention to a graph showing what he said was a comparison of the mortality rate of smok- ers and nonsmokers. Dr. Ochsner said that' there is no connection between nico- tine and lung cancer. He said that it does, however, produce severe conditions in the lungs "almost as devastating." He defined excessive smoking as one package of cigarettes a day or more and added, "You are never safe until you stop."

~' ;%NEW ORIZINS TIM1yS-PICAY[dDiE '0 ~New Orleans; Louisiana September 24, 1960 , tubes of smokers and non-amok- '' " "' its and he first suspected a]ink NCER OF LUNG, ~ smoking and eanaer in 1939 when he noticed "something happening" to the Iinittes of the I air tubes of smokere: It was at S111o~iNll Ju1N~~~ ,$ta6time that he gave up smok- ivo Experts Testify in exas Widow's Suit %' 112o experts testified Friday in federal court that' they be- t lleve that there is a relationship .-between cigarette smoking and Cancer of the lung. lttey were called to the stand dou'Ittg the fifth day of the trial .i, hi which a Houston, Tex., wid- ow is suing two' clgarette cam- F`patties. She claims that her hus- ' s death in 1955 from lung band eaneer was caused by his amok- = Before the two new witnesses "Irere called to the stand by the plaintitf's attorneys, d e f e n a e bounsel completed cross exami- r..J7tation of Dr. Alton Ochsner, Dn Oahsner had testified all ~ day lttursday and told the court that he has concluded that there is a definite causal relationship be- tween smoking and lung cancer. •Dr. RlchardH. OverholtQ head ; of the Overholt Thoracic Clinic •:Ia Boston, Mass., testified on di- ' ` 1'ect examinationFriday that he _ Is afraid that lung cancer will Ing himself, he asserted. The witness told the court that he cannot explain why all amokera do not get cancer of the lung, "but they, may get It If they live long enough." ` He said that he feels that'this can possibly be explained by the tacFthat,onlysmall percent- ages of persons exposed to'oth- er diseases such as tuberculosis and intantile paralysis ever getl those diseases "We oan't'sa to ehromates he woul'd consider these two other possibilities for the cause of his cancer. The doctor told Kiendf that most doctors who disagree with his ophtlon are smokers. He referred to "strong ctr- cumstantial evidence that in- criminates the person who is guilty-the smoker," but later, when questioned by the defense attorney about the word "eir- cumstantial," he said "To me the evidence Is so overwhelm- Ingly positive L do not want to use the word." PRODUCING CANCER IN bIICE DESCRIBED y - wt>,y some get'It and others Dr. Moore described the Ros well Park Memorial Institute asl don't," he added. the second largest cancer cen- Smokers do not get skin can. f ter in the world devoted to re- cer from the contact of the to- search and treatment. baeco with their fingers be He described research in cause of the difference in the WMch caneer, is produced In typt of tissue structure in the~ ~ce "pretty much atwill",and skin and in the lining of the lungs with the same compounds that'. . FEARS POPULATION p The~adoetoe~ also humans. dcscribed' MAY BE DECIIHATED methods used to extract the nic-; Dr. Overholf testified that It otine and tar from cigarettes takes long periods of chronic through the use of smokingl irritation to cause the tissue c'ihes. He said that a num-11` cells to "go berserk, multiply erofeaneerproducing com-. and cause troutile:" pounds have been foundin the, He added, "If you people had tar and others are still beingi seen as man found, ypeoplesutfocating Before thetar, Isapplied to with lung caneer as I have, you the mice, he said, it must be decimate the population. I would understand why I am separated from the nicotine b'e• =: He also told,the jury that cig- here. I am afraid it is going to decimate our population." cause the nicotine is so toxle arette smokers stand a 97. per in itself that themice would be cent chance of getting lung can. Asked by Brumfield if there killed before the cancer could O -cer.And he said that if the Isany mystery to cancer, thel' be produced:. - ~-, -: yfalntitt's husband "had been witness repliedc "There isa O'ERFRIGHTENED' fortunate enough never to have mystery.to ]ifeand a mysteryCUS\' ) .. ;z. smoked he would not have had to whatchanges a normal cell ~ Other witnesses during the the cancer from which he died." to a•cancer cell, but there is brial, however, have testified .Dr. t George Moore, director no mystery about the relatio, that nicotine has no. relation- ; of the Roswell Park Memorial ship between smoking and can- sttip to, cancer of the lung. Institute ih Buffalo, N. Y.,saidt cer. _,. Dr. Moore said that of 8000 "-'Rt, It beyond reasonabledoubt - °I am~ of the opinion that it, persons Involved in a study ofthat lnng, heavy smokingwilh a person smokes over a 1ong; the problem, there was a high, resultin cancer of the lung.° period of time there is a greatl hcidence of lung cancer among 2048 LUNG CANCER likelihood that ha will get can- smokers. cer." ' ~ During the conclusion of his CASES OBSERVED . i'. DOCTORS CROSS-EX:\.\ITNED cross examination; Dr. O^hs- Dr. Overholt, under question- He said that he had read the! ner said that he has been Ingb,y H. A1vaBrurnfield, one history of the plaintiff's hus-."IdPhtened" aboutthetncrease of, the plaintilt's attorneys, saidband and hadi Ihterviewed the in lmngcance4 for many years. In lungcancer in the Iate1920s habtts and i th Id Y be a l]eI between rom athe formed ~'oupo. para when, he was a student of the the opinion that his cancer was ~e incidenceofcancer of the Inventor of the bronchoscope. caused by smoking, larynx and'•lung cancer if IunQ He said that'he was the first On cross examination by cancer was due to smokingr person to remove a lung in a Theodore Kiendl, a defense at, Dr. Ochsner, said that he be- 1933 operation. torney, Dr. Overholt admitted lleves thcrc is such a parallel ® .Hetestified that hehaa seen that if heruled out all ofthe ~m 'hts'clinicallexperience. be supervised 20i8 lung cancer other facts in Ghie deceased RESEARCII ADVANCE cases andot 60 or 70 per cent man's history except the two Of these thathavebeenoperated factorsot smoking and cancer CHANGES OPINIONI .on he has performed 47 per cent he would still come to the same I{lendl sought to show tha ot the surgery. I conclusion:certain afatlaticsdonot bear Dr. Overholt said that there He testified that If the de- out this opinion and,Dr.Ochsner that he first becameinterestedi Rlainhft about his smoking Asked by Kiendlif there, easily cured most persons in cured. I maintain the incidenc! It lhcrpasing," _: . The,witness claimed that sfa+ tlstics produced by the defense attorney were based on mprtal• Ity and had nothing to do with the incidence of larynx cancer.' Klendl showed the doctor Char. Ity hospital statistics from 1937 . to 1947 whichwere not based on mortalities. . ' :y: - "There is probably an expla•, nation for th'at," Dr. Ochsner asserted. ^Pre-cancerous condii tlons in the larynx can be easllp A-}erlM'..M .,,te,LLu.••Nt diagnosis and the stopping Ot ,the smoking." . '. at Questioned on the incidence lung cancer in males and fr males, the witness said that at first he thoughY there was same sexual predisposition ]n malea and tnade-many such . stato' menta but later changed hit - , . opinion as research advanced. "I'have seen some persons de• velop cancer of the lung after six years of smaking~some aft• er many years. Generally • . . pack a day for 20 or 25 yeare In the male is the time needed to produce a malignancy, ha - • . asserted. $IGHERINCIDENCE IN N.O. Dr. Ochsner denied beingbhaaed when hewas accuse&oDii by Kiendl. "I am not biased. I am justan advocate of health," he said, "I am ti•orriedabout the things that are happening to thepeopleI have totake care pt „ . . .. • . . On the subject of air polla= tion and its possible relationship to lung cancer, Dr. Ochsner said that he has concluded thatit plays no role. He said thathe studied, statistics from Pitts• burgh, Pa., and NcwOrleans andJound that NewOrleans has ' a much higher incidence oElung canter, . "Do you know that the down- town area of Pittsbureh,a high- ly, industrialized area, has an' excessively h f gh ineidence7'~ - Kiendl asked. ' Not as high as New Orleans, the doctor replied. The cigarette suit has been brought by Mrs. Victoria St. Pierre Larrtigue, formerly a resi- dent or Franklin, against the R, J1 Reynolds Tobacco Com- pany and- the Liggett and Myers Tobacco Company for the death pf her h'usb'and~ Frank J. Lan tigue.. ; .. . . . The trlal will be resWmed at 10 a. ny Monday before Judge Herbert W.Christenberry. is a marked ddterence in the ceased had worked with radio- said "I'll teIl''you why. They are appearance in the bronchial active materials or was exposed

~ai~t: Men TeatiEy at ~eplaced by a hard substance imilar to sktn which did not se- Trial in N.O. creteYmucousYlf no further ap. `'lhree medical men testifted fled, the bronchial tubes gradu- lfonday in federal district court ally reverted to normal. - that they believe that there The witness explained that 1s a relationship between ciga- the cilia are tiny hair-like ob. ':fette smoking and lung cancer. Jects, which line the bronchial Thlii i th tubes and actto sweep out im e' testmony camene, frlaliof a case in which a Hous- purities. ton, Tex:, widow Is suing two to. He alto stated that his tests bacco companies, claiming that revealed that the tars extracted the death of her husband In 1955 frorn all' of the popular, brands z,lrom lung cancer was due to of cigarettes tested were sim. his heavy smokingr, llar. ... ': :.-.::, . B tt r th 90 t f th c e e an per en o :, 1he witnesses called by tJiee as lung cancer patients he ob- `lttorneys for the plaintiff, . 'the trial entered its second week served„ Dr. Ross said, have lclcluded Dr. Charles Ross, ctiief been smokerb, including those Of thoracic surgery at the Ros- who had cancers which ~ are not Well'Park MemorialiInstitute in connected with smoking, Of $uftalo; N. Y.; Dr. Suk Ctirillthose who had epidermaid can- ' Chang, a members of the patrl- Clogy department at the tniver- aity of Toronto, and Dr. William LWatson, chief of the thoracic iutgicali service at the New York Memorial Hospital for Cancer. 7, Under direct examination by X. Alva 13rumfteld;, one of the plaintiff's attorneya, Dr. Rosc described results of tests made torney„ Dr. Rosa said that his observations were based on his own clinical studies. He explained that In the anl- mal experiments the tar was applied to the trachea of the dogs used with a small piece of sponge which replaced a por- tion of the trachea. The sponge was saturated with the tar, he #aid:, " . . Dr. Ross said that he does not contend that the expert: tnents simulated human smok- ~hg habits and that other dli seases can produce the same 'phan¢es seen in the dags., RESEARCH SiNCE'sa when,questioned byTheodore t{iendl, another detense at'. torney, the doctor said that he does notknowthe single cause which aill turn a cell malign- cers, 99 per cent were smok ers!ant. He said that he does not and,in,the past year hehasseeniknowthe "tnrclianics" ofthe onlytwo patients witH,this typelchange. "Wedon't pretend to of cancer who were ~not smokers,~knowwhat goes on in an in- the witness asserted.. dividual cellP~'he sa1d1 "In my op~on - cigarette Dr. Chang told the court that smoking is a causative factor he~ hasbcen, doing cancer re- in epidermoid cancer, of the search since 19'S3 and has done lung," he told the court:much research on the change in DASED ON STUDIES the mucous membranes of hum- After he was read a personal! -wiih automatic smoking ma-I fustbry of th'eplaintiif'shus- eh'{nes through which tars werelbandJ including his smoking 'extracted from five popularhabits over a period of 55 years, brands of cigarettes. pr._ Ross said, "Assuming he CII.lA DESTROYED moked ~ many eigarettes a day '_ H ld th th tar w as lon a eriod as he did ere a - ar p t ans, mostot It from postmortem autopsies but someafter lung removal opcralions: He said that he is the im~entor, ofaspecial method of remov- ing the mucous lining of the bronchial tubes so that it can p e s a e s a plied to the respiratory epithe- would assume It wasaeausa- be studied on microscopic lium of dogs andwithiet a few 've factor inhislung caneer."Islides. The pathologist told the weeks the cilia of the bronchial t9nder cross-examination by court that he has examined 12,000 such slides since fubes had been destroyed andlFredertt"k Haas; a defense a1953 E7CHIRITS SI"IDliS + -- -.. He first became interested 1n ,.. _ lungwvrkin his native Korea where the incidence of tUber- culosls was very high, he as- serted. ~. During his testimony he ex- hibited. 19 photo microscopic slides of tissues and described the changes which he contended takes place in the cell sltucture when the person smokes ciga- rettes. ~ No ontknows theexact origin or mechanismof thedevelop- mcnt of a cancerous cell, he testified, but he aaidi that he believes that changes which he pointed out on the slides and areprecancerous are caused by cigarette smoking. .. . ... . , ., _ +S . Dr. Chang testified that _11 study of 132 cases of lung cancer revealed, that 130 of them were smokers andftom the history of the plaintiff's husband, the withess said that he believes that the amount of his smoking caused his cancer. ~ ' J4 CASES ~~riy EE3 Sl S I On cross - exantinatlon„ Kiendl brought out' from the witness that only three of the slides shown were from non-smokers and that --~, even many non-smokers show the formation of epidermold cancer. Dn. Watson descritied the New York hospital wit}iwtiichh'e is associated as the largest cancer __ researrh and treatment een0er in the world and said that betireen, 19:6 and 1957, he has seen 3334 cases of lung cancer. His Hrst clinical experiments on the relationship between can- cer and smoktng were begun in 1950, he tcstilied. A samplingof 700 patients to an 18 month period, he said, re- veated that3IX1 had lung canceF and of that numben 98.1 per ccnt were smokers. - ' "I have a hrm conviction that smoking is one of the major, if not'ute most Important factor," he asserted. -.- HEATHEI.D FACTOR For theaverage person, 10to 201 cigarettes for a period ofa7years is a "a realrisk, a serious handicap so far as the possibility of developing lung cancer com- pared to a similar man, Iivingin a similar environment is con- ~ cemed."' ~ ~ ~ ~ The heat of a cigarette gen, erated by a fast smoker is also, }. factor„ he assertcd. '~l never said any particular person had a IFancer caused by smoking. There recertainlyfactors, additivedaa ors, andsmoking isone of thesefadors," he added. Thiswitness also connected the plaintiff's h'usband's dealh with hissmoking habits. The suit on trial was brottghfby ~fis. Victoria St. Pierre lar. tigue. formerly a residentl of Franklin, for the death of her husbandJ FrankJ. fartigue. The defendants are the ].lggeltard Myors Tobacco Company and the R:J. Reyrald4.Tobacco Compa+yr,

-.THE TIMES-PZ'CAYUNE .N) New Orleans, Louisiana _eage . he who testified Tuesday was a young boy and used to go iee§ at the Houston Veterans Ad- testified that no tests have been. that Lartigue was a"heavy" t° the store to buy tobacco and ministration hospital where Lar- made for tars on either. King t b or Pica e cigar+ o yun a o t o a him "H d 1 t1 d tn d t B hi h th tt f d fiex.; a sister of the plamttf , he was 'reading," the witness lung. of the cigarettes, the Liggett and John Lamaison and Corne- $us Lamaison, both of Frank- said, $1450 REQUESTED and Myers executive answered: 7in, nephews of the plaintiff. Tuesday,s session opened with I don't know what you are ' f D Wil IN, LETTERS READ .,alldn about " i t n c amo er, g g one Sa would roll four or five at a said that the autopsy another," included Mrs. and psy report show- ettes. . •. , time put them by his side and ed that Lartigue_died of a_squa- When the plaintiff's attorneya Josephine Boudreaux, Houston, light one from the other while inous cell cancer of the right referred to the "tar ' content" f cc e or e rea lgue • ie , w c e oc or es i rette cigare k "li hti not er e ense a orney, . factors, the cause of cancer is no WANTED TO B'IND TRU'rH' W. Christenberry; at 10:30 a. !ri: McCal1, Jr., asked her how she known In all cases but we know He claimed to have no know- .September 28, 1960 `Three Witnesses Relate a~s ndd~ tt ~~ g~ CB~g he has studied since 1926 and that -Larttgue SmOktng HabttS smoking became a factor In lung color of Lartigue's halr before cancer around 1948 or 1949, Smok- in mstories of patients have been f it turned gray or the color o estify in Cigarette-Can- . much more detailed since that es : or. his e y .me, assere. ti hetd i l t id b Ca T a e se r t a . John Lamaison sa ~ cer ~. DEPOSITION FILED first remembered Lartigue roiling `• ~~ believe no one knows the Kin fr tt d ' es om gare !'h wit In the cigar his own gilf bt th reenesses• sne cause o cancer,u ase itte-cancer case being tried in Bee tobaceo. 'He said that Lari y~s go by we know more fac- ~tederal court testified Tuesday tigue also smoked Picayunes at thrs which produce cancer " he , as to the smoking habits of a the same time and smoked Cam " kaid :• • " " towan9s the last. • inan whose widow brought the els • %-- Dr. Watson admitted that in an ' iuit, contending that the lung "He . had a cigarette all the; article he published In 1950 he '-cancer from which her husband time," the witness said. ° ~ . listed air pollution, tuberculosis, died was caused by his smok- -. REMEIVIBERS HABITS : In answer to KeIleher's ques- The case on trial was brought tions• Lamaison said that he by Mrs. Victoria St. Pierre Lar- could not remember what busi• tigue,' formerly of Franklin, and ness his uncle was in and saw him only two or three times a Tex. how a resident of Houston , , 8$ainst two tobacco companies. Y. and several other factors in con- nection with the production of lung cancer, but said that he has changed his mind. "Ten years have made a big difference," be bacco industry never used the word "tar." :.,:. According to his depositioli, the company begame interested in the question of the relation- ship of smoking to cancer of the lung about 1952 and as * result the Tobacco Industry Re- search Committee was formed., "We wanted to find the truth,"' he testified. TIRC n e v e r reported any-- thing deleterious In•tobacco, acl cording to the deposition The introduction of filter t cigarettes on a large scale had, nothing to do with the alleged relationship between smokin~ and cancer, he testified. 'TAR CONTENT' OPEN TO DEBATE William Augustus B l o u ri t; '• i During Tuesday's session the vice-president of the Liggett Her husband, Frank J. Larti- - Cornelius Lamaison told thel pi~nt~ s attorneys filed in evi- and Myers Tobacco Company gue, died on July 13, 1955, at court that he remembered his dence a deposition by Dr. Bela in charge of manufacturing and' ~ B5 uncle's smoking habits since he ~ Halpert, chief of laboratory serv- processing, in his depositioti ion o L. g .. . na am 'ONE AFTER ANOTHER' . the cross-ex ~ He claimed that there is:h chief of thoracie. : Al liam L Watson d th , - rea to e jury were . Mrs. Boudreaux testified, un- surgery at the Memorial Hospit letters I.arti e wrote to the resldue from the smoke which der questioning of H. Alva for Cancer in New York; the R. J. Reynolds Tobaceo Com- ~~looks like tar but we have been led to believe that there' $rumfield„ the plaintiff°s at- .laigest: . cancer research • a n d pany after it was discovered forney, that she knew Lartigue treatment center in the worfd. . that he had cancer of the throat is no relationship to coal tar:''' -aince 1918 and at that time he Dr. Watson was 'examined Mori- and his vocal cords were re- 1'SbiOKZrTG RESIDUE' SEEN, kmoked Picayune cigarettes and day by Brumfield and testified moved at the Ochsner Founda- He referred to this materia g Bee tobacco and in. her that he feels - that there Is a~ tion hospital. • throughout his ' deposition ai presence smoked one after an- relationship between cigarette In one of these letters he saidc "smoking residue." He said Other. smoking and lung cancer. "I think you all are res nsible that it, 11as b e e n, Isnowrl' fotG "He had acigarette all of the p° „ hundreds 'of years that there time. He wouidsit and drink ~'"ACTORS CAUSING for my trouble and expense, ,are black oils Whieh come from 'coffee, light one cigarette,~ CANCER KNOWN' and asked for i750 in medical the smoke ''but it will take gti, expenses and' $700 in lost earn- „ther 25 or 30 ears to tell what smoke it, and light another from Under cros - examination by mgs• is in +h y,, tt; one after another," she test- ~e~ore - Kiendi, a defense -dt- Two depositions taken from No oneocan sa i ified: She claimed that he be- y f filters takg torney, Dr. Watson was asked executives of the Reynolds com- gari smoking Camel • cigarettes by the defense if he had not tespany and the Liggett and Myers any of the residue out of the in the 1940s and smoked about . smoke; according'to the_deposi~ tified Monday that he had never Tobacco Company, the other de- jori , but they do take Otlt sli hLi two packages a day. contended that any particular pa- fendant; before the trial, were t g •Under cross examination by tient had a cancer caused by also readAo the jury. amounts of nicotine. ' - Harry Kelleher, Mrs. Boudreaux LlBgett and Myers,, he testiY said that she made these ob- ~0~g" Haddon S. Kirk, vlce-president: fied, is not a member o! the> said Watson replied: "Read my in charge of manufacturing for indus servations on his occasional articles and you will see that:" yn try"s research commlttee, articles to her home,in Houston. fhe Re olds firm, testified in contending that the firm has ° The witness took Issue with his deposition that his firm had the facilities to do the researcl! P6OLLED HIS OWN, Kiendl over the meanings of the had reports for many years on, better and faster. WITNESS RECALLS words "cause" and "factor." He the nicotine content of its ciga- a The trial wIll resltme h d it iy ry said: "I say there are several~'rettes but not on the tars. nesday before .Jtidge,_.Herbertti A happened to remember that he • the factors which cause it." - ledge of tars in tobacco and smoked two packages a day and •. • Asked if the cause of cancer claimed ' that those in : the. to-: she replied that she did because Is a mystery, the witness said .her family smoked Camels. Under that the entire number of causa- further examination by.. McCall, 'ttve' factors is unknown. she could. not remember the,'

TIMES-PICAYUNE C (~i1 ®n jni ®a ~ ~ivEin Ne ng Can /"September 29, 1960 in a deposition read Wednes, He added that as part of what rabbits produces cancer in a NOT EVERY 5M0' KEZ day_ In federal court a research- is called presumptive evidence certain percentage of cases. t The deposition revealed that DEVELOPS CANC~;R smoker h t h en a w a !t+ at the world's largest cancer is the fact t he" whe th it t d e w ness was n urne Thit testified th e wness~.t . lesearch and treattnent center ~~es deeply up to 90 per cent over by H. Alva Brumfield, the 4~ there moke is retained In the • as always believed ui~t f th e s o ttated that it Is his opinion that lungs, plaintiff's attorney, for cross-ex- must be some element 1l predia- ~~- the more a person smokes, the amination, he replied to defense sition, "because obviously not One of the established facts in attorney Frederick Haas that in p° " greater the person's risk of get- cancer research, he claimed, is g 1950 study 40 per cent of the every smoker devdops c~ncer. ting lung cancer. that a reat many otthe sub- Court was recessed by Judge g .• lung N; The deposition of Dr. Ernest stances' in clgazette smoke are smokers cbut that the percent- Herbert W. Christenberry before ,,L, Wynder of the New York carcinogenic or induce cancer." age was based on 10 out of 25 the lengthy deposition could be °I M reading will be ital and cer hos ial Ca 1L It i p emor n s n fu Amth~ tfid h read ype o evence,e cases only. • the Sloan-Kettering institute asserted in the deposition is continued at 70 a. m. Thursday. , ;;.zvas read during the trial of the epidemiological. In studies of this UNDERSTANDING , The first person called to the ° case In which a Houston widow type,. "the most strildng fact to IS ARGUED •- witness stand Wednesday morning is seeking to prove that the lung us was the rarity with which He also admitted that he has was the plaintiff, Mrs. Victoria whose hus- °. cancer from which her husband lung cancer oe:u~red a St Pierre Iartigue , mong non _,. died was caused by his smok- smokers, and the fact that about st ted that 4pidermoid cancer ~~~k J~gue, died on ~ , 1hB• one-fourth of lung cancer patients oi~the lung occurs In non-smok- Jul, 13, 1955 at the Veterans Ad• Dr. Wynder is In charge of the smoked about two packs a day." ers, but he called it "a rare ministration hospital in Houston, Tex., at the age of 65. •" " section of epidemiology at the dCCUPATTONAL FACTOR entity." New York cancer center: That _ Regarding t h e occupaklonal The doctor also testified that Mrs. Lartigue testified as to section includes both clinical factor, the researcher said that a he has considered factors other her husband's smoking habits, ttudies and biological and number of occupations were than smoking in his studies and calling him "a slave to his i h em c cal research. He is also found, including metal workers, that not all of the factors are cigarettes."' active in the practice of inedl- painters and cabinet makers in necessarily understood. she said that When she first cine, the deposition stated. which an i n c r e a s e d risJc ". In effect, we say today met him in 1913 he was smoking ar 6'1'YPES OF d d VID N g E E CE of lung canc fd bt tht dt' ~~e cigarettes an er wasoun,ua weo no necessarily un•.cEpidemiology, according . to these could make up only a small derstand all of the factors that ettes rolled from King Bee tobac• '.the.deposition, is a study of dis- pe2'centage of the total lung can- play a role in the development co. In the 1940s. she said, he be- eases as they occur, in various cer cases in this country, of lung cancer in anybody or of gan smoking Camel cigarettes ~opulation rou s and an af- :an other can er"' h t l d g y p c e asser ,.. a so e tempt to find out why different RATE PREDICTED The researcher admitted that The withess testified that she diseases occur at different rates BY DATA, VIEW ,::,cancer is a disease of many married Lartigue in 1917 and In different population groups. Since 1950, studies conducted causes, when questioned on this lived in Beaumont, Tex., for a F'ive types of evidence have by Dr. Wynder at the New York point by Haas. while when he was in the in- I ' ~~ d ate as 1956, isn been considered in his studies center on lung cancer patients` 's t it the surance business. In 1934 they fa h ' ct t at you felt that The cause -moved to Hot Springs Of lung cancer, the doctor stated have resulted in the finding that Ark. when , , ln the deposition which was the more a person smokes, the of cancer has puzzled men for he began suffering from rheu- _taken in New York on Aug, 3, 1960, The first was called presump- tive evidence "where we know that lung cancer, which -used to be a most uncommon disease, has today become the most common cause of cancer death In the American male." He said that a factor must be •aought for the increase and that a-number of factors have in- creased in the United States, one of which has been cigarette con. stunption. CIGARETTE SMOKE -Lung cancer has increased primarily in men, the deposition reveals, and' to a far lesser ex- tent in women. "Therefore," he said,' "we -seek a factor to which men have been exposed more than women. This would nearly exclude air . 'pollution, since 'wemen In our cities are expoted as much to city air as are men. However, ttational statistics clearly show lnen have smoked cigarettes for •a far longer period of time 'than kumen." .greater the person's risk of de- generations and to our p;esent matic pains. knowledge there is no single b v loping lung cancer, according cause?' " Haas asked. WAS CHA1N ShiOKER to the deposition, EXPLAINS STATEMENT During all of their married life, The doctor termed "one of the "He admitted that he made she said, be smoked two packages Intriguing leads" the fact that the statement in 1956 and added: of cigarettes a day and lit one lung cancer is far more com-,, I s- say today that th ttal from the othen eo mon among males than among~ ~r ~~ th ~e ~~,eM "He couldn't do without them. females. Very few women have to the cancer problem, -oY Many a time Ibegged him not to been found who have smoked course are still a puzzle td . at least a pack of cigarettes a smoke; she said. 'n day for the past 20 years com-an' Aut when we speak about Mrs. Lartigue told the court pared to men, he said. And he t°tai causation, this applies to that her husband never learned claimed that an analysis show- nearly any other disease. to drive an automobile and that ed that the present sex ratio.of He pointed out that every per. for many years when he was lung cancer Is entirely consis- s o n exposed to tuberculo~is working as a collector for. a tent with the long-term =moking bacillus will not neeessanly: dc- finance company she drove him habits of the two sexes. velop tuberculosis. "By the around. Sometimes the smoke Population studies show thatsame argument," he said, "you, in the car became so bad she the risk of lung cancer in. may say that therefore we don't had to open the window during creases sharply with the amountknow anything about the de- I the winter, she added. of cigarette smoke "and youvelopment of tuberculosis, just She said that even In their can predict the rate of lung can,, because we do not know all of apartment the smoke became cer in a given population upon the factors that cause tubercu-' so oppressive at _times that she 4mowing what the cigarette con-1°s~s• hhd to open the windows. sumption in that given popula. Asked. If he believed all other Under cross examination by " tion_is, he asserted. factors involved in the causation Harry McCall Jr., a defense at, MICE, RABBITS of lung cancer have been ruled torney, Mrs. Lartigue said that In connection with biological out, Dr. Wynder said t"We be- While her husband was in the .eviaence relied upon by re=;lieve that we have ruled in sev- Army during World War I ha searchers, Dr. Wynder testifiedieral other factors besides amok- s u f f e r e d from shortness ol that cigarette smoke condensate mg, though we have always breath and could not drill. placed on the skin of mic2 and,stated that smoking ~was the Mrs. Lart3gue's suit Is against most Important cause. the Liggett and Myers Tobacc4 . Company and the R. J. Rey4 ltolds Tobacco Company. She L aeeking $150,000 fof her, • hus- band's death.