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, 1v PITTSBURGH PRESS' r Pittsburgh Pennsylvanta , m ~'~s*ppril 1, 1960 ~~~ Test SF~apes Up Here ' }~,: ~ i On Trial t~ igarets f MB•.. NN/rAY / ase ~-::w~,1 f . .-. - . .. . . . - ..1 ;u.' ~. r'd'fE.t'pertr studywaqto stoa cancer doarn, Pagcf.1 :Fa1•~.....,.. .. V.ifSc[rrtinn of a jury`began in Federal Court today for W hat i4,tomrx~ifrom Otln t'ritehard, a Brookline rar)x•nter, who ~Dettan his IeRal right Itt~19,S1, _ ; a year aftrr oue af his lungs ~'ia•as rrmm•rd ~. In a cancer . .'operatlon , -, . ~'Mt. Prild ard:, 61.• brought iult agaiii,t the Liggett & yyers Tobacco Co. with the ~i" n cer. ncer was ,._teharge that his a caused by, his long use of Ches- - : ferffeld cigarrts•: - • Yi ~+ ~'-'Hee said lie smoked Chrster• ~/ ~prlde regularly for 23years. ~.r, _ T1m d.lay In brinsing the ault In trial i was reported4v , esused by the vast amount ot research and preparatlon .ltt were, ~•,..by~awyera In.ol.ed in the Iia tabaccoresearcho and medl ~ to geV some of thee distin • Making false and mislead. M y `~.•. cina It wtll be heard by Fed guished witnesses we h a v c ing representalions to the pub- S +~ Representing Mr. Pr[tchardlera! Judge John 3itllet been successful in calling," lic with respect to the safety and contents of the producL ti~~ ~ Y 1• t~ y r: ATTORAiFY EARL AEED„ The question of cigarets and t'. , 4 ;r u7 ~ e " representing Liggett & lityen, cancer has been argued for ~ ~ sai "'d:W' ,. .;.. ..- years, but this could be the s~ e are going to show you~ first time its answered in Ya,+t !'something of Mr• Pritchard's court. ,I1m?piqY{ 1 2 hit We are oing to show Pioiildd ~ sorevus smar cases ene _~~ Y v . he wo ked iit o c u p a t 1 o n s in mistrials In Mlami and New ~` which . are recognized to have Orleans, and a West Coas ~t extremely high lncidence obplatnlift talled to bring a suit' "lung cancers to trtal '- _ ..+- . ~ laookhne He workedd as a carpenter 1~ antl metalworker, and we will ~: show you he had lung trouble T {~ long before the opetation." • r1t~~ ~y~ r CLll l,SI1S Pritchard said he had a blood c clot m a vessel leadmg to a t ~ cO lung a year before the mnttr operatton 250 ~ t ,'~1 1Va*~F iOV ~ - ,r ~ ~ ,,; ' HE SAID HF occasionally G Both stdes told a]ury switched brands of clgarets i:;2 thett ctands today in a Fed- after starting smoking Ches- N terficlds in 1924 and occasion ierall Court swt' which may ally turned to a pipe or ci(;ars {}` f'tocus'the attention of the ;vvorld's cigaret ' smokeson but always went back to Ches ;~ µ~, r. ~ittkhur h. terfields. He also said he t" g 1`- would quit now and then lor a $1,250,000 action by a a wcek. °A: A Y ~'4': Brookline man against Liggett Reed tald'the jurors they - ~- may turn out to be a national test case involving a canttr,& Myers Tobacco Co., and the would have to be convinced - . 4,question at' issue is: that Chesterfields alone caused t~~ vicrim's cl4im against a cigaret manu[acturer. '' Did smnkin • -,, g Chesterfield Pritchard's lung cancer [n If the case goes to trial on blonday as expected: It will , .c.. , ~`cigarets cause.lungcaneertn order to return averdiM ~C be Ihe titct ot lTS kind ever' ~thee plaintitb7"`a .; .- ainst Li '°M1"hrord AA similar suit on thc~are sitnmrys James P. Me - g ggett. &14leyers.~-' +--The suit was firought tiyEh R' b .vrn a decision tat Ches ~~ ~~Wrsf Coast last year was d'us-IArdle and James Mclaugtthn '"~Otto Pritchard aD 1R33 ., 60. terfii•.Ids wcrea contributin ~'•~ mf.csed .y ti~Appearinginbehalfo6Liggett .~Pioneer Ave„ BmokLne car- factor wouldn't'~ be enou h y~ & Mtttdbi g t .yers will be aorneys Earl ' ~pennM' mak~ er an aaer, r .,MRrrd' . The claim for damagrs 'Reed andKenneth.Jackson of 'r :-_ . .. ,.said. He a]sosaid :~ ;'~f ~~t SAID HES\tOKED A ~~"I want tocaution you about Pittsburgh,, and FredHaas o New York City a~-= carton of Chesterfields a week the crusaders. These are hon '~~~ The cigaret firmL is spe• ;for 299 years until stricken in cst crusaders, but.t they. are -, ~+. `. cifically charged on three 1953 o nvYn c e d lung cancer ;{f :,, ,Y `; The morning before under- caused by cigaret smoking ~ counts t': -Negligence In failing to going removal of part of a They write a great many knnw that the use of Its ^ lung was the last time Pritah• m^re articles and say more --; ,-~ cigarets over a long pertod ~~azd smok~d. I; - •' .i:. :: than the body of the medical ' That was Dec 11 of time could cause a hazm. 1953. He profession I±;~~, < ttvv ,`~ ti„„ 'salai hasmoked two packages . ., lulidisease. y'. ,y.. i t ' In two hours and' 15 minutes 'THE SU1T ACCUSFS the . -Misleading and false adver Askco wh•v, he replied ~+.;, firm of negli ence in these Using In making smokers "q didn't think I was going respects: believe that its cigareU -to smoke any more." . 0 Design ana . manufacture were not harmfuL .. PritcTiard'a attorney, J• P. of Chesterfield'clgarets. }tpr +~~~~ -Negligent design ot tha ' Mckrdletold the jury of seven 0 Failuree to warn ... at In• clgarets; women and five men: herent The trial, which is expected "I'his is not' a frivolous case danger which the de „}x fendant knew or should have to run at Ipast three weeks ''nor an experiment in law I! kidI i ,.nown exste'nts product 'C+ will.involve numerous experts . we would not be ablc

, 1v PITTSBURGH PRESS' r Pittsburgh Pennsylvanta , m ~'~s*ppril 1, 1960 ~~~ Test SF~apes Up Here ' }~,: ~ i On Trial t~ igarets f MB•.. NN/rAY / ase ~-::w~,1 f . .-. - . .. . . . - ..1 ;u.' ~. r'd'fE.t'pertr studywaqto stoa cancer doarn, Pagcf.1 :Fa1•~.....,.. .. V.ifSc[rrtinn of a jury`began in Federal Court today for W hat i4,tomrx~ifrom Otln t'ritehard, a Brookline rar)x•nter, who ~Dettan his IeRal right Itt~19,S1, _ ; a year aftrr oue af his lungs ~'ia•as rrmm•rd ~. In a cancer . .'operatlon , -, . ~'Mt. Prild ard:, 61.• brought iult agaiii,t the Liggett & yyers Tobacco Co. with the ~i" n cer. ncer was ,._teharge that his a caused by, his long use of Ches- - : ferffeld cigarrts•: - • Yi ~+ ~'-'Hee said lie smoked Chrster• ~/ ~prlde regularly for 23years. ~.r, _ T1m d.lay In brinsing the ault In trial i was reported4v , esused by the vast amount ot research and preparatlon .ltt were, ~•,..by~awyera In.ol.ed in the Iia tabaccoresearcho and medl ~ to geV some of thee distin • Making false and mislead. M y `~.•. cina It wtll be heard by Fed guished witnesses we h a v c ing representalions to the pub- S +~ Representing Mr. Pr[tchardlera! Judge John 3itllet been successful in calling," lic with respect to the safety and contents of the producL ti~~ ~ Y 1• t~ y r: ATTORAiFY EARL AEED„ The question of cigarets and t'. , 4 ;r u7 ~ e " representing Liggett & lityen, cancer has been argued for ~ ~ sai "'d:W' ,. .;.. ..- years, but this could be the s~ e are going to show you~ first time its answered in Ya,+t !'something of Mr• Pritchard's court. ,I1m?piqY{ 1 2 hit We are oing to show Pioiildd ~ sorevus smar cases ene _~~ Y v . he wo ked iit o c u p a t 1 o n s in mistrials In Mlami and New ~` which . are recognized to have Orleans, and a West Coas ~t extremely high lncidence obplatnlift talled to bring a suit' "lung cancers to trtal '- _ ..+- . ~ laookhne He workedd as a carpenter 1~ antl metalworker, and we will ~: show you he had lung trouble T {~ long before the opetation." • r1t~~ ~y~ r CLll l,SI1S Pritchard said he had a blood c clot m a vessel leadmg to a t ~ cO lung a year before the mnttr operatton 250 ~ t ,'~1 1Va*~F iOV ~ - ,r ~ ~ ,,; ' HE SAID HF occasionally G Both stdes told a]ury switched brands of clgarets i:;2 thett ctands today in a Fed- after starting smoking Ches- N terficlds in 1924 and occasion ierall Court swt' which may ally turned to a pipe or ci(;ars {}` f'tocus'the attention of the ;vvorld's cigaret ' smokeson but always went back to Ches ;~ µ~, r. ~ittkhur h. terfields. He also said he t" g 1`- would quit now and then lor a $1,250,000 action by a a wcek. °A: A Y ~'4': Brookline man against Liggett Reed tald'the jurors they - ~- may turn out to be a national test case involving a canttr,& Myers Tobacco Co., and the would have to be convinced - . 4,question at' issue is: that Chesterfields alone caused t~~ vicrim's cl4im against a cigaret manu[acturer. '' Did smnkin • -,, g Chesterfield Pritchard's lung cancer [n If the case goes to trial on blonday as expected: It will , .c.. , ~`cigarets cause.lungcaneertn order to return averdiM ~C be Ihe titct ot lTS kind ever' ~thee plaintitb7"`a .; .- ainst Li '°M1"hrord AA similar suit on thc~are sitnmrys James P. Me - g ggett. &14leyers.~-' +--The suit was firought tiyEh R' b .vrn a decision tat Ches ~~ ~~Wrsf Coast last year was d'us-IArdle and James Mclaugtthn '"~Otto Pritchard aD 1R33 ., 60. terfii•.Ids wcrea contributin ~'•~ mf.csed .y ti~Appearinginbehalfo6Liggett .~Pioneer Ave„ BmokLne car- factor wouldn't'~ be enou h y~ & Mtttdbi g t .yers will be aorneys Earl ' ~pennM' mak~ er an aaer, r .,MRrrd' . The claim for damagrs 'Reed andKenneth.Jackson of 'r :-_ . .. ,.said. He a]sosaid :~ ;'~f ~~t SAID HES\tOKED A ~~"I want tocaution you about Pittsburgh,, and FredHaas o New York City a~-= carton of Chesterfields a week the crusaders. These are hon '~~~ The cigaret firmL is spe• ;for 299 years until stricken in cst crusaders, but.t they. are -, ~+. `. cifically charged on three 1953 o nvYn c e d lung cancer ;{f :,, ,Y `; The morning before under- caused by cigaret smoking ~ counts t': -Negligence In failing to going removal of part of a They write a great many knnw that the use of Its ^ lung was the last time Pritah• m^re articles and say more --; ,-~ cigarets over a long pertod ~~azd smok~d. I; - •' .i:. :: than the body of the medical ' That was Dec 11 of time could cause a hazm. 1953. He profession I±;~~, < ttvv ,`~ ti„„ 'salai hasmoked two packages . ., lulidisease. y'. ,y.. i t ' In two hours and' 15 minutes 'THE SU1T ACCUSFS the . -Misleading and false adver Askco wh•v, he replied ~+.;, firm of negli ence in these Using In making smokers "q didn't think I was going respects: believe that its cigareU -to smoke any more." . 0 Design ana . manufacture were not harmfuL .. PritcTiard'a attorney, J• P. of Chesterfield'clgarets. }tpr +~~~~ -Negligent design ot tha ' Mckrdletold the jury of seven 0 Failuree to warn ... at In• clgarets; women and five men: herent The trial, which is expected "I'his is not' a frivolous case danger which the de „}x fendant knew or should have to run at Ipast three weeks ''nor an experiment in law I! kidI i ,.nown exste'nts product 'C+ will.involve numerous experts . we would not be ablc

ancer.,:caase l~uling Due Today ort 1~hether ' " Physician Can Give Definite '' Cause of Disease; Ma7i Sues Firm ,<: By ALBERT W. BLOO3I Paat-Gazette Staff Wtlter ~- -._.~- . .,: ' .. ~ . . . .. . . ..,. Asnag which developed yesterday in the Cigarets vs. Lung Cancer case might bring the entire proceeding to a sudden legali halt in Federal Court today. Key question at l ssue : Is any doctor competent enough to say, for sure, that heavy smoking can indeed cause lung cancer? : Attorney Earl F. Reed, counsell for Liggett &~~ -_: Myers Tobacco Company, the defendant in the case, OTTO PRITCHARD `: A6out 30 cirarets a day yxf says t11at n0 dOCtOr can so Say. But Attorney James P. McArdle, representing Otto Pritchard, 61-year-old Brook- , He said he smoked about a He accused the cigaret line carpenter, who had a pack or pack and a half a day IIrm~ of "deceitful advertis- L`lung removed here in Decem• 1ng. By the late 1940's ber, 1953 because of lung can• for about 25 to 30 years, since scienec rvas already pointing cer, says that medical scien- he was 14 years old. ,.z to clgareta as a cause of tists can cite the cause. ` After his lung operation on lung cancer, but the com• At 10 a. m. in Federal Judge December 11, 1953; he stopped pany didn't act, said Mr. AIc- :,John L. Miller's courtroom, smoking completely. Ardle. - the issue may be decided. „ In his opening statement. Mr. Reed, in a 13•minute Jury Not Present running half an hour;, 3Ir. statement, denied that the cig- I1 Judge Miller rules In McArdle declared that Mr. arets caused Pritchard's lung favor of the tobacco company Pritchard Is seeking damages cancer. } stand, the jury of seven wom- because if he had known Mr. Pritchard, he said, en• ,°en and five men probablywofi't what wac in Chesterfir,ids he gaged in occupations tcarpen• be allowed to hear medical would not have smoked them, try and metal working) which testimony linking c i'g a r e t . Liggett & Jl}•ers„ said the show high incidence of lung '; smoking and lung cancer. It attorney, is responsible be., cancer. 'could wreck the Pritchard cause the company'a adver- According to Mr. Reed, the ,°case, and have far-reaching re- tising led him to believe there medical profession does not ' sults in similar cases. W^aa nothing harmful In know what causes lung can• None of the jury will be them cer. He, too, promised to bring within earshot as the lawyers in experts, to prove that fact. : argue their stand before Judge The firm continued to ad- Miiler. Only after a decision v°rtise in this way, according Termed as RiddIR Is reached will the jury be to Mr. McArdle, even after it Lung cancer "is the great ~" brought back in. became midically known that riridle of the medical profes• The unusual turn of events cigarets contained h a r m f u l sion today." , tdrned up when court ad- ingredients. " f ourned yesterday and Attor- He s got to show you that ' ney Reed made his objection The Guilty Agent' cigarets caused his lung can- before Judge Miller after the He asserted that tarry corn- cer "' Mr. Reed told the jury. jury was dismissed. pounds in the smoke, only 20 bt Pritchard wearing thick r, A preliminarv hearing, with per cent of which are exhaled,. are to blame. The 80 per cent glasses and dressed in a blue. scientists testifying before of the tar concentrates in the double-breasted suit, tan socks i Judge Miller with no jury smoke lodge in the lungs and and tan shoes, spent most of ! around, may exainine the they are "the guilty agent" the afternoon on the witness ' question as to whether any- In causing lung cancer, he stand. a one can say that smoking is maintained. He was followed by his wife, a cause of lung cancer. Mabel, a tail; h e a.vy • s e t ,; Specifically, Mr. Pritchard The attorney promised to woman„ her face flushed and .charges that smoking cigaretsc bring expert witnesses to tes- nervous taking the stand •for ; mostly Chesterfields, caused tify that excessive cigarette the first time . his lung cancer smoking causes the kind of ti; . lung cancer Mr. Pritchard ~;- had. . - . : pITTSBLTRGH POSTGAZETTE M ~~{ - Pittsburgh, Pennsylvania ; ;'-April, 5,, 1960

~ . i;i,°1: Puffing Out Justice Cig-Cancer Case Judge Is Smoker • • Smokers, non-smokers, and sometime smokers are in- volved in the Cigarets vs. Lung Cancer case in United States District Court here. Even Judge John L. Miiler smokes cigarets. "He smokes cigarets, all right, but not many," said one court attache. . "I don't know what brand, even.:" It was a judicial comment, j Chesterfield cigarets are on ~VI trial here, with Otto E. Prit- h d 61 11 ' th t the Cig-Cancer Case Medics To Be Heard U. S. Judge Rules. Experts' Testimony Will Be Admitted By ALBERT W. BLOOM - Poxt-6azette StaII WrrieOtto E. Pritchard, 61-year. old Brookline carpenter who claims that smoking cigarets gave him lung cancer, won his first important technical round in Federal Court yesterday. He is suing Liggett & Myers Tobacco Company for a1,250„ 000 damages. Read a story, "Judge Hear• and his battery of legal assist ants. They may also object to each witness who attempts to enter the area of "lung cancer : Y'`~' ingsaon ngrou ds 1 of et'compe tence," asserting that no one ~' Nr Is competent to point the causative finger of blame at Y .,. ! dgarets. 40 Lung Removed In 1953 ~ - Mr. McArdle has stated that Mr. Pritchard had "epidermold carcinoma (cancer), squamous cell type." His right lung was removed at Presbyterian Hospital here on December 11, 1953, and found to be cancer- ous. (There is a type of lung ' c ar , a egmg a y ln, caused his lung cancer. Judge ot ki man himself Mille is g r n ~ available for comment on this matter these days. ~) It is known that the jury ~• contains some known cigaret smokirs, and some smokers who quit. Before they were se- IVN lected a court clerk was di- ,' rected to questiqn them on o their smoking habits. V Attorney Earl F Reed . , ~ representing Liggett & Myers tobacco company, says, "I smoke a pipe and cigars." Attorney J. P. blcArdle, counsel for Mr. Pritchard, said: "I used to smoke, but I stopped when I got to re- searching this cancer thing." "What did you smoke, ~fr. DlcArdle"" he was asked. He looked up and, without batting an eye, snapped: "Chesterfields." . Attorney Kenneth Jackson, one of I4ir. Reed's associate counsels, asked about his smoking habits, said: ::I don't." Court attaches puff a vari- ety of items, including pipes and cigars, but most smokee cigarets. These range from the "name brands'." to the almost forgotten Sweet Caporals. Reporters covering the case Ftick to the popular brand cigarets, when they smoke at all. PITTSBiJRGH POST-GAZETTE Pittsburgh) Pennsylvania April 6, i96o Ing Cigaret and Cancer Case a Smoker," Page 5. Federal Judge John L. Mil- ler in effect ruied' against a request for a hearing made by' Attorney Earl F. Reed, to- barco firm counsel. Mr. Reed maintains that no medicall scientist can say for certain that cigaret smoking causes lung cancer. And he objects to any such testimony going before the jury of seven women and five men. But Attorney James P. Mc- Ardle, representing Pritchard, offered to bring medicali wit- nesses to provide expert testi- mony linking lung cancer to heavy cigarct smoking-in this case, Chesterfields. During closed-door confer- ences in the judge's chambers lasting' 1?: hours, Attorney Reed asserted his objections. Judge Miller overruled him, It came in a brief, simple, and rather circuitously worded statement, politely face-saving for alll concerned. But its meaning was direct. Judge Miller's statement said: "The court has decided to follow the usual procedure and hear the medical testi- mony and rule thereon as the case proceeds." This means that when the trial resumes tomorrow at 10 a. m., the jury will probably get a chance to hear medical testimony which will evidently tag heavy cigaret smoking to lung cancer "causation." All such witnesses will, of course, be subject to the sharp cross-examination of Mr. Reed cancer which is rot associated with smokers; it is called J r adeno-carcinama.) Mr. Pritchard test'ified that ' on the morning of his opera• tion, between 5 and 7 a. m., "I smoked 2% packs of ciga- rets." He has not smoked since, said Mr. Pritchard. He started smoking at age 14, he said, and added that he s w i't c h e d to Chesterfields about 1924. From then until 1953 he s m o k e d "mostly Chester• fields," though changing to' other brands from time to, time. "Occasional"' cigar and pipe-smoking periods were noted, too. Mr. Pritchard estimated he smoked "about 30 cigarets a day:" Surgeons to Be Called Attorney McArdle is pre• paring to put two chest sur- geons on the stand, probably tomorrow. They are exlaected' to be Dr. Richard Overholt, of Boston, and Dr. Victor Kaunitz, of Buffalo. Other health scientists may be called,: ton. Then Mr. McArdle is ex- pected to attack what he has called "deceitful" advertising' by the tobacco firms; and scientific evidence I i n k i n g smoking and lung cancer w h I c h he says the firm "blithely ignored." Also awaiting introduction by Mr. McArdle into the case are the signed statements of TV and movie stars telling how they were told to plug Chesterfieids in advertisine. 10035434524

~ . i;i,°1: Puffing Out Justice Cig-Cancer Case Judge Is Smoker • • Smokers, non-smokers, and sometime smokers are in- volved in the Cigarets vs. Lung Cancer case in United States District Court here. Even Judge John L. Miiler smokes cigarets. "He smokes cigarets, all right, but not many," said one court attache. . "I don't know what brand, even.:" It was a judicial comment, j Chesterfield cigarets are on ~VI trial here, with Otto E. Prit- h d 61 11 ' th t the Cig-Cancer Case Medics To Be Heard U. S. Judge Rules. Experts' Testimony Will Be Admitted By ALBERT W. BLOOM - Poxt-6azette StaII WrrieOtto E. Pritchard, 61-year. old Brookline carpenter who claims that smoking cigarets gave him lung cancer, won his first important technical round in Federal Court yesterday. He is suing Liggett & Myers Tobacco Company for a1,250„ 000 damages. Read a story, "Judge Hear• and his battery of legal assist ants. They may also object to each witness who attempts to enter the area of "lung cancer : Y'`~' ingsaon ngrou ds 1 of et'compe tence," asserting that no one ~' Nr Is competent to point the causative finger of blame at Y .,. ! dgarets. 40 Lung Removed In 1953 ~ - Mr. McArdle has stated that Mr. Pritchard had "epidermold carcinoma (cancer), squamous cell type." His right lung was removed at Presbyterian Hospital here on December 11, 1953, and found to be cancer- ous. (There is a type of lung ' c ar , a egmg a y ln, caused his lung cancer. Judge ot ki man himself Mille is g r n ~ available for comment on this matter these days. ~) It is known that the jury ~• contains some known cigaret smokirs, and some smokers who quit. Before they were se- IVN lected a court clerk was di- ,' rected to questiqn them on o their smoking habits. V Attorney Earl F Reed . , ~ representing Liggett & Myers tobacco company, says, "I smoke a pipe and cigars." Attorney J. P. blcArdle, counsel for Mr. Pritchard, said: "I used to smoke, but I stopped when I got to re- searching this cancer thing." "What did you smoke, ~fr. DlcArdle"" he was asked. He looked up and, without batting an eye, snapped: "Chesterfields." . Attorney Kenneth Jackson, one of I4ir. Reed's associate counsels, asked about his smoking habits, said: ::I don't." Court attaches puff a vari- ety of items, including pipes and cigars, but most smokee cigarets. These range from the "name brands'." to the almost forgotten Sweet Caporals. Reporters covering the case Ftick to the popular brand cigarets, when they smoke at all. PITTSBiJRGH POST-GAZETTE Pittsburgh) Pennsylvania April 6, i96o Ing Cigaret and Cancer Case a Smoker," Page 5. Federal Judge John L. Mil- ler in effect ruied' against a request for a hearing made by' Attorney Earl F. Reed, to- barco firm counsel. Mr. Reed maintains that no medicall scientist can say for certain that cigaret smoking causes lung cancer. And he objects to any such testimony going before the jury of seven women and five men. But Attorney James P. Mc- Ardle, representing Pritchard, offered to bring medicali wit- nesses to provide expert testi- mony linking lung cancer to heavy cigarct smoking-in this case, Chesterfields. During closed-door confer- ences in the judge's chambers lasting' 1?: hours, Attorney Reed asserted his objections. Judge Miller overruled him, It came in a brief, simple, and rather circuitously worded statement, politely face-saving for alll concerned. But its meaning was direct. Judge Miller's statement said: "The court has decided to follow the usual procedure and hear the medical testi- mony and rule thereon as the case proceeds." This means that when the trial resumes tomorrow at 10 a. m., the jury will probably get a chance to hear medical testimony which will evidently tag heavy cigaret smoking to lung cancer "causation." All such witnesses will, of course, be subject to the sharp cross-examination of Mr. Reed cancer which is rot associated with smokers; it is called J r adeno-carcinama.) Mr. Pritchard test'ified that ' on the morning of his opera• tion, between 5 and 7 a. m., "I smoked 2% packs of ciga- rets." He has not smoked since, said Mr. Pritchard. He started smoking at age 14, he said, and added that he s w i't c h e d to Chesterfields about 1924. From then until 1953 he s m o k e d "mostly Chester• fields," though changing to' other brands from time to, time. "Occasional"' cigar and pipe-smoking periods were noted, too. Mr. Pritchard estimated he smoked "about 30 cigarets a day:" Surgeons to Be Called Attorney McArdle is pre• paring to put two chest sur- geons on the stand, probably tomorrow. They are exlaected' to be Dr. Richard Overholt, of Boston, and Dr. Victor Kaunitz, of Buffalo. Other health scientists may be called,: ton. Then Mr. McArdle is ex- pected to attack what he has called "deceitful" advertising' by the tobacco firms; and scientific evidence I i n k i n g smoking and lung cancer w h I c h he says the firm "blithely ignored." Also awaiting introduction by Mr. McArdle into the case are the signed statements of TV and movie stars telling how they were told to plug Chesterfieids in advertisine. 10035434524

® ft reA a H9 a ! 0 ! PITISSBtktGH P(1ST-GA7ETT1~ Pittsbu¢'gh, Pennsylvania t +4 l~pril g, 196o trti, r~ t ;~Physician Blame~ g Cancer On Smoking ~ ~, (:Nlest Expert Testifies That Smoi~ing t§ First Medical Witness In Cigaret Trial KIs Largest Single Factor in Dl~ease <'!n Word Duel With Defense Attorney 'tI"~ s+, AI BEgT W. BLOOM a. The first h slcIan to testif , in Rederal' Court's cy ~:~sy t P y Y ;:Sfi aus w ~eer t,e +..u cancer trial blamed the plaintift' ~Precedented ~~ °~, "" Mlce men and lung caacer vted for attention lns tor- l'' i mer lung tumor on "rieavy smoking over many ~~ F'ederal Court here ye9terday. : M F at tt Sl t d~, yeats" t !~ ~ t aret smoking," insisted Dr. Dr. Richard H. (Jverholt,,cllesb surgeon-ln-chlef at ~j~~+~~ Dr. Willlam F. Kremer, for Kremer. ,,r ~, tne Overholt Thoracic Clinic, Boston, yesterday ad bteriy of Presbytedan Hoapi Mr. Haas asked hi I m If he 'mitted that laborato tests ti to rove that' Bmok- , tai, said he had never seen meant to say that only cigarets ~ ry ymg P can aMually trigger tung can• iJ~"'fOg causes lung cancer are dif- W written that "the cause "epidermoid carcinoma" of the cer. !~t( . ffcu1L dcancer: is unkrtswn•" Also, lung without a"con-,iderable '"m thee cases I've seen." re- 'The trouble is we re having }hat °satoken, the tobacco history of smoktng " plied the doctor. ~a hard time getting a mouse lnteresta uti aD ot ua want a he sald Is the type Eul the attorney noted ic to smokelike a man; he told naore information that will . suffered by Otto E. Pritch- a jury of seven women and g n d o u b t e d 1 , come with that all studies show non• (~. y .Y ':ard.:8l~.betore his right lung smokers slao contract the I~. flve men : ,~'u w° w.e removed In. November, disease. ~ Dlamea Tobaoco Smoke r e v i s e d my estimate ~Iyy}::._'R7fere Is no question that shot back Dr. Overholt R- 1933 Str• Pritchard la suing Dr„Ki•emerretusedtaagree. hope I have matured as I.'•Liggett & Myets Tobacco He said this may Havrbeen in lNtalation of tobacco smoke is grew older, I believe I am Ca tor t1350,000. contend• dicalM b prior surveys In the " :the largest single faotor in the atore convinced of this t heavy Ing he smoked Chesterftelds Y 'eausation oftlils typeof lung ~gr.et smokiitgi) asa causal~ for 32 years. ~,k early Rfties. but he'd like to rc- s`, F caneer," he asserted i: -• relationship between smoking Mew' current studies on this Dr . pverholt, an urbane and and lung cancen"' ~' Dr. Kremer, who Brst exam, matter. tmperturbable Bostonian with "Overwhelming ercumstan- `d lned the Brookline carpenter But I thougHtyou said you ~ an evident missionary seal to tial evidence must be aecepted, •for cancer symptoms, engaged were familiar with those stu ~~ ({+:'eorb rising lung cancer rates, and I accept it;" said Dr. Over• in severali peppery exchanges dles," Mr. Haas protested. ran head on into the cross- holt, who earlier said he him• with Defense Attorney Fred I'm familiar with the issue stake ~ r~ ~natiFrcde ick~P. Nass. The pkrogression otl~epider• ~~ons.MraHaas crthnallenged the the witness. here today;'snappcd, But not tmtil~ the doctor moid, squamous cell type. lurtg physician's statements, and his 'No Expert'-Doctor V ' scored point after point In the cancer goes this way under status as a cancer expert. in a He was later asked: "Do you esae as It entered its t61rd Iong term ezposure to a can• series of questions covering a regard yourself as an expett S, jday, eer-causing a g e n t, he eY- multitude of researchh reports on cancer causation?" Dr. Overholt~ testifled` that Plalred~~ re~ are con D actor Challenged "No," he answered. He - u t~ 4+4 : he came here at his own ex- salfld he derived his opinion in ~~ 1{ i ually irritated; 2. A cell change • At one point. Attorney Haas pense and without any offer c a! 1 e d "meta lasii " takes the Pritchard case from his in- Y°~ f~! ~ft'of a fee' p mqDaevou mean to sa e i formation -as the attending {~(r~8~t`~:; He took off at one point'~so p~ce: 3. Cancer "in situ" (at drmoid cancer o2 the P h Ysician. ylung e lx idl that he had condemned me sitr) torms; 4 Full bJown ~= p y the tobacco industry, its ad- "clinical case" of cancer, cap• cannot occur without cigaret He said he is a specialist in ti 4 vertisin its "indoctrination" able of spreading and killing smoking?" lnternal medicine, and now of you gsters, and its plugs the patient, then follows. Dr• Kremer repiicd: "You serves as medical director for j ''~ Sor more cigaret smoking "So Says Work Exposure Mtld place on me the judgment of the Denver Chemical Corp, of ~i'more people can get sick." be Dr. Overholt lnsisfed that in God' Nobody can state what Hartsdale• N. Y. As such, he ?lore the Judge John L Miller ltqr, pt ichard's case, his car- can or what cannot occur. We said, he was obligated to keep y S~{ ,, stopped him. penter's o c c u p a t i o n hack only state what is our expe• pace with cancer literature in • ' a search for ' That part of his testimony round and work in metal rience new drugs. -' was ordered stricken from the 8rms could only be assigned Dr Kremer said he had ob +-court record by Judge Miller about "10 per centl' of the The tvithess was asked If served 15 or 20 lung cancer "t },` afterMr. . Haas jumped to his blamee for his'cancer,."no more tkwould concede that thee cases, confirmed by patholo-feet'to object. Judge Miller ad• than thatl" basic mechanism whereby gists, a:d mayy have seon "over ~t . vised Dr. Overholt to answer lung Dr. Victor !ia nitzi ng cancer at,.pears In hu• 100" that weren't positively t..L,Att ~ornegHaas"questionsoniy, y,aaher chest surgeon, but mans is unknown. : identified. - ,. "' ' 'U'out making a speech. ~m. BuCalo• declared that "I F Promises to Obey ]tave nttser been able to relate Dr. t'h'erholtit atilt the tall,, any man's lung car.cer to his coot and imperturable Boston• occupation:" ' 7an.. took a drinkof water, HP_ . tao, testified thatt he promised toobeyo came here.ate his own expense, A professor of thorttnic to underscore the dangers of (thest) surgery at Tutts Col- heavy smoking and lung can• lege of Medtcine, IDr: Overholl cer• ' testified inn the: case of Otto E. "Thee more puHlicity that Pritchard agai.nst the Liggetti this iss given before theen• ~ Myers tobacco ~ompany, tire population thrbetter, and Mr• Pritchard' 1s sumg the then perhaps these tragedies .. tobacco flrm foC~~ S1i2i0,lNY~, can be averted~ln the future." elaiming long years of heav} ;; smoking, mainlv Che>terfield cigarets. caused his lung can- cer. The lower sections of his rtght'lung wtre surgically rC- _ rrtoved at Presbyterian Hosp tal here Decemtier 11, 19:a3. But Mr. Aass brought oulthat in. 1956. Dr. Osrerholt ~_ .".~, . . .... ,.'j~t.. . 4, . tPITISBURGH PRESS Pittsburgh, Petulsylvani ,ppril"q, 1yEp ~e~i, Proof C i garet5 Cause Lun~Cancer Difficult, ~~~. . I~t . jxa `hW go tarther than that:"$e said.!te ret•eived his.de- he said, "1'0 ~ mechanism in gree fromm iite UnlverAty of tifee iss known." Amsterdar. in The iether- However, he refused to ac• lands, and also wasi trained' knowledge thatt theree arehereatVeteransAAministra- "multiple causes"' for cancen tion Hospital In Aspinwall. inslsting: ' He said Mr..Prichard,.ot.1833 "I think there are many pre• Pioneer Ave: first reported to disposing factors." himon~Nov. 7;:1953,~ complain. .lfany. huctors 1ng of chest pains.andlcough• By this, he indicated: he Ing• At first, he expiained, doc• meant that age. sex. occupa- tors thought he had another tion, urban or rural residence blood clot in the lung. He had -all may predispose a person a clot the year before while Dr. William F. Kremer, now to canter; but he doesn't con• recovering from a fractured medical director of the Den• sider them the direct cause:. hip suffered in a scaffold' fall. w:er C h e m i c a 1 Corporation. Attorney Haas had quizzed He was questioned by Attor Hinsdaie, N. Y:, and the man him oninumerous reports In• ney James P: McArdte on who diagnosed the Pritchard dicatingavaricty.ofmaterials, direct examination.,Mr: McAre caae hel'e in 1953;b1amed lton and cii'cumstances. can pro- dle said Dr. Kremer may be kis "Hnavy amoking." The case duce cancer. the first physician to testify resumes at 10 a• m. today In "But all cases have one thing Under oath in the world con• Federal Court In common ,•. a:W that is cig- troversy over cancer agents•

® ft reA a H9 a ! 0 ! PITISSBtktGH P(1ST-GA7ETT1~ Pittsbu¢'gh, Pennsylvania t +4 l~pril g, 196o trti, r~ t ;~Physician Blame~ g Cancer On Smoking ~ ~, (:Nlest Expert Testifies That Smoi~ing t§ First Medical Witness In Cigaret Trial KIs Largest Single Factor in Dl~ease <'!n Word Duel With Defense Attorney 'tI"~ s+, AI BEgT W. BLOOM a. The first h slcIan to testif , in Rederal' Court's cy ~:~sy t P y Y ;:Sfi aus w ~eer t,e +..u cancer trial blamed the plaintift' ~Precedented ~~ °~, "" Mlce men and lung caacer vted for attention lns tor- l'' i mer lung tumor on "rieavy smoking over many ~~ F'ederal Court here ye9terday. : M F at tt Sl t d~, yeats" t !~ ~ t aret smoking," insisted Dr. Dr. Richard H. (Jverholt,,cllesb surgeon-ln-chlef at ~j~~+~~ Dr. Willlam F. Kremer, for Kremer. ,,r ~, tne Overholt Thoracic Clinic, Boston, yesterday ad bteriy of Presbytedan Hoapi Mr. Haas asked hi I m If he 'mitted that laborato tests ti to rove that' Bmok- , tai, said he had never seen meant to say that only cigarets ~ ry ymg P can aMually trigger tung can• iJ~"'fOg causes lung cancer are dif- W written that "the cause "epidermoid carcinoma" of the cer. !~t( . ffcu1L dcancer: is unkrtswn•" Also, lung without a"con-,iderable '"m thee cases I've seen." re- 'The trouble is we re having }hat °satoken, the tobacco history of smoktng " plied the doctor. ~a hard time getting a mouse lnteresta uti aD ot ua want a he sald Is the type Eul the attorney noted ic to smokelike a man; he told naore information that will . suffered by Otto E. Pritch- a jury of seven women and g n d o u b t e d 1 , come with that all studies show non• (~. y .Y ':ard.:8l~.betore his right lung smokers slao contract the I~. flve men : ,~'u w° w.e removed In. November, disease. ~ Dlamea Tobaoco Smoke r e v i s e d my estimate ~Iyy}::._'R7fere Is no question that shot back Dr. Overholt R- 1933 Str• Pritchard la suing Dr„Ki•emerretusedtaagree. hope I have matured as I.'•Liggett & Myets Tobacco He said this may Havrbeen in lNtalation of tobacco smoke is grew older, I believe I am Ca tor t1350,000. contend• dicalM b prior surveys In the " :the largest single faotor in the atore convinced of this t heavy Ing he smoked Chesterftelds Y 'eausation oftlils typeof lung ~gr.et smokiitgi) asa causal~ for 32 years. ~,k early Rfties. but he'd like to rc- s`, F caneer," he asserted i: -• relationship between smoking Mew' current studies on this Dr . pverholt, an urbane and and lung cancen"' ~' Dr. Kremer, who Brst exam, matter. tmperturbable Bostonian with "Overwhelming ercumstan- `d lned the Brookline carpenter But I thougHtyou said you ~ an evident missionary seal to tial evidence must be aecepted, •for cancer symptoms, engaged were familiar with those stu ~~ ({+:'eorb rising lung cancer rates, and I accept it;" said Dr. Over• in severali peppery exchanges dles," Mr. Haas protested. ran head on into the cross- holt, who earlier said he him• with Defense Attorney Fred I'm familiar with the issue stake ~ r~ ~natiFrcde ick~P. Nass. The pkrogression otl~epider• ~~ons.MraHaas crthnallenged the the witness. here today;'snappcd, But not tmtil~ the doctor moid, squamous cell type. lurtg physician's statements, and his 'No Expert'-Doctor V ' scored point after point In the cancer goes this way under status as a cancer expert. in a He was later asked: "Do you esae as It entered its t61rd Iong term ezposure to a can• series of questions covering a regard yourself as an expett S, jday, eer-causing a g e n t, he eY- multitude of researchh reports on cancer causation?" Dr. Overholt~ testifled` that Plalred~~ re~ are con D actor Challenged "No," he answered. He - u t~ 4+4 : he came here at his own ex- salfld he derived his opinion in ~~ 1{ i ually irritated; 2. A cell change • At one point. Attorney Haas pense and without any offer c a! 1 e d "meta lasii " takes the Pritchard case from his in- Y°~ f~! ~ft'of a fee' p mqDaevou mean to sa e i formation -as the attending {~(r~8~t`~:; He took off at one point'~so p~ce: 3. Cancer "in situ" (at drmoid cancer o2 the P h Ysician. ylung e lx idl that he had condemned me sitr) torms; 4 Full bJown ~= p y the tobacco industry, its ad- "clinical case" of cancer, cap• cannot occur without cigaret He said he is a specialist in ti 4 vertisin its "indoctrination" able of spreading and killing smoking?" lnternal medicine, and now of you gsters, and its plugs the patient, then follows. Dr• Kremer repiicd: "You serves as medical director for j ''~ Sor more cigaret smoking "So Says Work Exposure Mtld place on me the judgment of the Denver Chemical Corp, of ~i'more people can get sick." be Dr. Overholt lnsisfed that in God' Nobody can state what Hartsdale• N. Y. As such, he ?lore the Judge John L Miller ltqr, pt ichard's case, his car- can or what cannot occur. We said, he was obligated to keep y S~{ ,, stopped him. penter's o c c u p a t i o n hack only state what is our expe• pace with cancer literature in • ' a search for ' That part of his testimony round and work in metal rience new drugs. -' was ordered stricken from the 8rms could only be assigned Dr Kremer said he had ob +-court record by Judge Miller about "10 per centl' of the The tvithess was asked If served 15 or 20 lung cancer "t },` afterMr. . Haas jumped to his blamee for his'cancer,."no more tkwould concede that thee cases, confirmed by patholo-feet'to object. Judge Miller ad• than thatl" basic mechanism whereby gists, a:d mayy have seon "over ~t . vised Dr. Overholt to answer lung Dr. Victor !ia nitzi ng cancer at,.pears In hu• 100" that weren't positively t..L,Att ~ornegHaas"questionsoniy, y,aaher chest surgeon, but mans is unknown. : identified. - ,. "' ' 'U'out making a speech. ~m. BuCalo• declared that "I F Promises to Obey ]tave nttser been able to relate Dr. t'h'erholtit atilt the tall,, any man's lung car.cer to his coot and imperturable Boston• occupation:" ' 7an.. took a drinkof water, HP_ . tao, testified thatt he promised toobeyo came here.ate his own expense, A professor of thorttnic to underscore the dangers of (thest) surgery at Tutts Col- heavy smoking and lung can• lege of Medtcine, IDr: Overholl cer• ' testified inn the: case of Otto E. "Thee more puHlicity that Pritchard agai.nst the Liggetti this iss given before theen• ~ Myers tobacco ~ompany, tire population thrbetter, and Mr• Pritchard' 1s sumg the then perhaps these tragedies .. tobacco flrm foC~~ S1i2i0,lNY~, can be averted~ln the future." elaiming long years of heav} ;; smoking, mainlv Che>terfield cigarets. caused his lung can- cer. The lower sections of his rtght'lung wtre surgically rC- _ rrtoved at Presbyterian Hosp tal here Decemtier 11, 19:a3. But Mr. Aass brought oulthat in. 1956. Dr. Osrerholt ~_ .".~, . . .... ,.'j~t.. . 4, . tPITISBURGH PRESS Pittsburgh, Petulsylvani ,ppril"q, 1yEp ~e~i, Proof C i garet5 Cause Lun~Cancer Difficult, ~~~. . I~t . jxa `hW go tarther than that:"$e said.!te ret•eived his.de- he said, "1'0 ~ mechanism in gree fromm iite UnlverAty of tifee iss known." Amsterdar. in The iether- However, he refused to ac• lands, and also wasi trained' knowledge thatt theree arehereatVeteransAAministra- "multiple causes"' for cancen tion Hospital In Aspinwall. inslsting: ' He said Mr..Prichard,.ot.1833 "I think there are many pre• Pioneer Ave: first reported to disposing factors." himon~Nov. 7;:1953,~ complain. .lfany. huctors 1ng of chest pains.andlcough• By this, he indicated: he Ing• At first, he expiained, doc• meant that age. sex. occupa- tors thought he had another tion, urban or rural residence blood clot in the lung. He had -all may predispose a person a clot the year before while Dr. William F. Kremer, now to canter; but he doesn't con• recovering from a fractured medical director of the Den• sider them the direct cause:. hip suffered in a scaffold' fall. w:er C h e m i c a 1 Corporation. Attorney Haas had quizzed He was questioned by Attor Hinsdaie, N. Y:, and the man him oninumerous reports In• ney James P: McArdte on who diagnosed the Pritchard dicatingavaricty.ofmaterials, direct examination.,Mr: McAre caae hel'e in 1953;b1amed lton and cii'cumstances. can pro- dle said Dr. Kremer may be kis "Hnavy amoking." The case duce cancer. the first physician to testify resumes at 10 a• m. today In "But all cases have one thing Under oath in the world con• Federal Court In common ,•. a:W that is cig- troversy over cancer agents•

f 403.~•~ 3~-5 50 to " 69 and presumab healthy, beginning in 1954. x ~ ;` .'``But 44 months l'ater, 7,316 ' ~'i 'ded among those who smoked ause (not only cigarets) regularly. ~ ws ~,~ :~ 1 Higher biortality Rate , f Cancer ~s ~A~rlTlus, said Dr. Cameron ls ~~,+y2,665 more than would have _sX~~~ i that ~ Scientist Saysk 4~~merate of deaths as those . : ;~ ~who never smoked Death Rate Higher ~.;There were 4,406 deatns r` ,Y among smokers of cigarets For Smak ers .: only. B ALBERT VV BLOODi f Lung cancer claimed 448; of ~". '~ ~j y . Poat•Gazette StaE wrHV ,these, 319 had a "history of s ..aa ~ ~ "' .. . .. .. . _ -former scientific dI- regular cigaret smoking. Ye- C.ross examined by Defense ~,'~~ ~ kreetor of the American Can- "Attorney Frederick P. Haas, cer Soeiety yesterday told a member of the tobacco : ~'~?`' ~Ws +r w firm's legai battery, Dr. Cam- jury ~~'~wr{~ s Federal court here , eron was forced to admit that ...~~,.~. _:; that national study showed up until 1960 the American <y11ffig cancer death rates for Cancer Society did not assert tly that there was a° cigaret ' smokers were 64 flacause - and effect" relationship be- hi her than for nontimes . ~ tween cigaret smoking and ,;, smokers. cancer. Also, that Dr: . Dr. Charles S Cameron, now Cameron in recent years had ',!dean of Hahnemann Medical, asserted that cigaret smoking College, Philadelphia, also de was but one of possible causes. r; clared that the lung cancer of this admission will af- Otto E. Pritchard, 61•year old fect tlle strategy of the to- ' Brookline carpenter who is bacco firm's attorneys Is not suing Liggett & Myers To• yet clear. However, Dir. Mc- tr . bacco Company for $1,250,000, Ardle has attacked Llggett & was linked to =i bi cigarets. Myers advertisng aseng -Picka Words Carefully _."deceitful" In not' pointing out harmful efiects of smok- "In my opinion, it is proba- ble that cigaret smoking ing' caused it," Dr. Cameron testi- ' It may be that defense at- torneys later mean to under- f'~; fied, picking his words care, score the fact that, while Mr. _ Pritchard's lung cancer was. _~ _ Mr- Pritchard, through At• found in 1953, it was not until torney James P. McArdle, 1960 that the Amercian Can- ;; ~-rclaims that some 25 years of cer Society itself felt confident s'. S ~,4 h e a v y- smoking, m o s t 1 y enough to blame lung cancer A ~7 4 s GhesterfteMs, c a u s e d epi- directly on cigaret smoking ~- n~~ +;. dermoid carcinoma (cancer), ~'Do you believe that canc~r ~ squamous cell type" . ,;,:can be caused by smoking?" ~ Hiih l w 1I Hs asked Dr s rgtungas re•r•aa. Cameron, moved late in 1953 by a Pit'ts• a h a n d s o m e, gray-]1aired, =4:.burgh chest surgeon -: ~.-. . young-looking man with a ~'s = '(Squamous cell, epidermoid ruddy face. " I think that you can st ate carcinorna usually refers to that kind o4 cancer which this within the degrees of arises on the surface lining of Proba6ility," a n sw er e d Dr. the lung arpong the plate-like Cameron. Haas persisted: " ?. rells ) . Mr.On the grounds of medical certainty Dr. Cameron himself still in particular cases?" smokes, he told reporters- "No °' said Dr. Cameron after testifying. quietly. "Ciganets?" he was asked. U. S. District Court Judge '`"Yes, cigarets," he replied. John L. Miller adjourned the But Dr. Cameron amiably de- trial, now in its fourth day, dined to say what brand, until Monday at 10 a.m. , At that time, Dr. Morton Le- vine of Rosewell Park Mem• orial Institute, near Buff alo, and Dr. David Kendall, of Ken- ' dall Laboratories, N. J., are due to testify in Mr. Prit- chard'a behalf On the witness stand, he 1told a jury of seven women and five men which Is known to contain smokers non- amokers, and those who quit amokmg that the Cancer So• clety atudied 187 783 men a e , , g . es uwar ^:'YJ ts :~w i ' 'v ~qy~lt:4 ~ uancer ``"~Another caneer expert today ~` r ' ;:,testified thaG there is`a rela tionship between cigaret smok ., Ing and lung cancer. ,°PjnW -' He is Dr• Morton L• Levin, head of the Epidemiology De- partment of Rosswell Park Memonial Institute of Buffalo '~ , the New York State cancer ~ r research hospitaL l+r5l ~ The purpose of his depart• . L tC~ih '`~ment, he explained, is to de• :~;:~; •:termine factors causing the ,y disease by comparing records :; of those suffering from it and :',those who don't. .' ''Dr. Levin was called by At• `. >•torney J. P. McArdle, repre- senting Otto Pritchard, 61, Brookline cabinet maker, who `.°'is suing Liggett & Myers To• `'bacco Co for $1250 000 ~• ' t~ . , -', PRITCHARD SAYS he got' ; lung cancer from smoking the-',', ~~. 4,0 ~• :firm's Chesterfield cigarets for ~ about 25 years. Of Pritchard's type of lung ; cancer, Dr. Levin said: ~~AY "I have -not made a partic ~ h ular study of it' but I have `="' . ~t .not seen one case in a person who was nqt a smoker. :'There is a definite rela- ~tionship between~ lung cancer ` and cigaret smoking as dif- s°^Yt r; ;ferentiated from pipe and ci-;; gar smokers. ;"THIS EVIDENCE can "only •~be interpret'ed to mean that'°+ ; smokmg ctgarets materially : `fncreases -chances of acquiring'~ lung cancer. ,+1, "I conclude that, if every-' 4 one who smokes would quit, the lung cancer mortality rate would be reduced by 30 per ¢ent." ~ The disease Is most preva ` x M lent In persons over 65, he said,, and the ratio between male and female sufferers is z five to one, male. He explained the difference by saying men smokers start ' y t+yr earlier in life than women ~ PRITCHAIRD u n d e r w e n t eR•, ~ r surgery in Pittsburgh for re-' f l moval of a part of his right -~, ~'%4•lun in 1953 H ed th ' e accus e company :- `' of -"deceitful advertising" which lulled smokers after smoking was "proved'danger-:`;` . .-...,u.. _.• 1~ ..,t

f 403.~•~ 3~-5 50 to " 69 and presumab healthy, beginning in 1954. x ~ ;` .'``But 44 months l'ater, 7,316 ' ~'i 'ded among those who smoked ause (not only cigarets) regularly. ~ ws ~,~ :~ 1 Higher biortality Rate , f Cancer ~s ~A~rlTlus, said Dr. Cameron ls ~~,+y2,665 more than would have _sX~~~ i that ~ Scientist Saysk 4~~merate of deaths as those . : ;~ ~who never smoked Death Rate Higher ~.;There were 4,406 deatns r` ,Y among smokers of cigarets For Smak ers .: only. B ALBERT VV BLOODi f Lung cancer claimed 448; of ~". '~ ~j y . Poat•Gazette StaE wrHV ,these, 319 had a "history of s ..aa ~ ~ "' .. . .. .. . _ -former scientific dI- regular cigaret smoking. Ye- C.ross examined by Defense ~,'~~ ~ kreetor of the American Can- "Attorney Frederick P. Haas, cer Soeiety yesterday told a member of the tobacco : ~'~?`' ~Ws +r w firm's legai battery, Dr. Cam- jury ~~'~wr{~ s Federal court here , eron was forced to admit that ...~~,.~. _:; that national study showed up until 1960 the American <y11ffig cancer death rates for Cancer Society did not assert tly that there was a° cigaret ' smokers were 64 flacause - and effect" relationship be- hi her than for nontimes . ~ tween cigaret smoking and ,;, smokers. cancer. Also, that Dr: . Dr. Charles S Cameron, now Cameron in recent years had ',!dean of Hahnemann Medical, asserted that cigaret smoking College, Philadelphia, also de was but one of possible causes. r; clared that the lung cancer of this admission will af- Otto E. Pritchard, 61•year old fect tlle strategy of the to- ' Brookline carpenter who is bacco firm's attorneys Is not suing Liggett & Myers To• yet clear. However, Dir. Mc- tr . bacco Company for $1,250,000, Ardle has attacked Llggett & was linked to =i bi cigarets. Myers advertisng aseng -Picka Words Carefully _."deceitful" In not' pointing out harmful efiects of smok- "In my opinion, it is proba- ble that cigaret smoking ing' caused it," Dr. Cameron testi- ' It may be that defense at- torneys later mean to under- f'~; fied, picking his words care, score the fact that, while Mr. _ Pritchard's lung cancer was. _~ _ Mr- Pritchard, through At• found in 1953, it was not until torney James P. McArdle, 1960 that the Amercian Can- ;; ~-rclaims that some 25 years of cer Society itself felt confident s'. S ~,4 h e a v y- smoking, m o s t 1 y enough to blame lung cancer A ~7 4 s GhesterfteMs, c a u s e d epi- directly on cigaret smoking ~- n~~ +;. dermoid carcinoma (cancer), ~'Do you believe that canc~r ~ squamous cell type" . ,;,:can be caused by smoking?" ~ Hiih l w 1I Hs asked Dr s rgtungas re•r•aa. Cameron, moved late in 1953 by a Pit'ts• a h a n d s o m e, gray-]1aired, =4:.burgh chest surgeon -: ~.-. . young-looking man with a ~'s = '(Squamous cell, epidermoid ruddy face. " I think that you can st ate carcinorna usually refers to that kind o4 cancer which this within the degrees of arises on the surface lining of Proba6ility," a n sw er e d Dr. the lung arpong the plate-like Cameron. Haas persisted: " ?. rells ) . Mr.On the grounds of medical certainty Dr. Cameron himself still in particular cases?" smokes, he told reporters- "No °' said Dr. Cameron after testifying. quietly. "Ciganets?" he was asked. U. S. District Court Judge '`"Yes, cigarets," he replied. John L. Miller adjourned the But Dr. Cameron amiably de- trial, now in its fourth day, dined to say what brand, until Monday at 10 a.m. , At that time, Dr. Morton Le- vine of Rosewell Park Mem• orial Institute, near Buff alo, and Dr. David Kendall, of Ken- ' dall Laboratories, N. J., are due to testify in Mr. Prit- chard'a behalf On the witness stand, he 1told a jury of seven women and five men which Is known to contain smokers non- amokers, and those who quit amokmg that the Cancer So• clety atudied 187 783 men a e , , g . es uwar ^:'YJ ts :~w i ' 'v ~qy~lt:4 ~ uancer ``"~Another caneer expert today ~` r ' ;:,testified thaG there is`a rela tionship between cigaret smok ., Ing and lung cancer. ,°PjnW -' He is Dr• Morton L• Levin, head of the Epidemiology De- partment of Rosswell Park Memonial Institute of Buffalo '~ , the New York State cancer ~ r research hospitaL l+r5l ~ The purpose of his depart• . L tC~ih '`~ment, he explained, is to de• :~;:~; •:termine factors causing the ,y disease by comparing records :; of those suffering from it and :',those who don't. .' ''Dr. Levin was called by At• `. >•torney J. P. McArdle, repre- senting Otto Pritchard, 61, Brookline cabinet maker, who `.°'is suing Liggett & Myers To• `'bacco Co for $1250 000 ~• ' t~ . , -', PRITCHARD SAYS he got' ; lung cancer from smoking the-',', ~~. 4,0 ~• :firm's Chesterfield cigarets for ~ about 25 years. Of Pritchard's type of lung ; cancer, Dr. Levin said: ~~AY "I have -not made a partic ~ h ular study of it' but I have `="' . ~t .not seen one case in a person who was nqt a smoker. :'There is a definite rela- ~tionship between~ lung cancer ` and cigaret smoking as dif- s°^Yt r; ;ferentiated from pipe and ci-;; gar smokers. ;"THIS EVIDENCE can "only •~be interpret'ed to mean that'°+ ; smokmg ctgarets materially : `fncreases -chances of acquiring'~ lung cancer. ,+1, "I conclude that, if every-' 4 one who smokes would quit, the lung cancer mortality rate would be reduced by 30 per ¢ent." ~ The disease Is most preva ` x M lent In persons over 65, he said,, and the ratio between male and female sufferers is z five to one, male. He explained the difference by saying men smokers start ' y t+yr earlier in life than women ~ PRITCHAIRD u n d e r w e n t eR•, ~ r surgery in Pittsburgh for re-' f l moval of a part of his right -~, ~'%4•lun in 1953 H ed th ' e accus e company :- `' of -"deceitful advertising" which lulled smokers after smoking was "proved'danger-:`;` . .-...,u.. _.• 1~ ..,t

PITTSHURGH POST-GAZETTE Pittsburgh, Pennsylvania April '. 12, 1960 oublef Talk Sparks igaret-Cancer Trial Nttr Jeraey Doctor Brought llp Short ,., In Testimony by Tobacco Firm Counsel }sy''~C ~; ai ALBERT W BLOOM A chemical physicist. teetified in Federal Court yes- terday terday that' he found "many" carcinogenic (cancer-caus- ing) chemicalft among 114 compounds that he isoiated from cigaret smoke - But' Dr. David N. Kendall, of the Kendall Infra-Red Laboratories, PlainLeld, N. J, was forced to admit that these 'Thls guy Is no more quaII- "chemicals were never, tested fled than the man In the to prove cancercausing ability gooon-" In humans. Mr. McArdie Cited eracked back "we're going Poison Gases, "Anybody would be foolish to call hlm tomorsowP ! to do that" he said However,'Dr. Kendall, 93, (a rt in his field) Dr. Kendall was brought up recognized expe sl'tort by Defense Attorney and not the"tnan in the moon" Frederick P. Haas, counsel is due to take the stand again for Liggett & Myers Tobacco at 10 a. m~ today in Judge Company defendants in a John L miller'E stxth floor , f1,250,000 ~ lung cancer suit ecurttoom in the Federal .~' - "::..•~Building• . -. ..;~ . ~hen •-x°~. „ ..•. The bespectaeled scientist Earliero Dr. Morton L Itv- also testlfied t h a t cigaret In, 54, of the Roswelt Park Me smoke contained "poison gases morial Institute, a New York not visible to the human eye ° state research and hospital in- stitution near Buffalo, linked dgarets and cancer. He said it was "highly aug• gestive, but not conclusive"' that heavy cigaret smoking brings on lung cancer• He conreded that 1n the 1950's be wrote that the "true cause of lung cancer has yet to be determined." Dr. Levin al9o tied the kindOf lung cancer Mr. Pritchard had(epidermoid earcinoma: squamous cell type-the kind that arises in the plate-likr cells of the lung lining) to smoking. Mr. Pritchard blames his cancer on Chesterfields• '7t Is a remarkable fect." said Dr. Levin, •'that this type ot cancer, except In rsre esceptions, Is atmoet always found in easas Otheavy cig-aret smoking. •.' ^ Earlier atrecess, he replied :o reporters' questions with: ~--."Yes„ I smoke occislonslly. About eight th.ten a day,the ftltered kind." Ke daclined to aame.e them. . - Dr. Kendall was under the . direct questioning of Attorney James E• McLaughlin, asso• date of Attorney James P• ^' McArdle. Inthe case broughtt by Otto E. Pritchard• 61•year• old Brooklinee carpenter:, Mr. McLaughlin i5 known to have done intensive research on , dgarets and lung cancer to prepare the Pritchard case, Llkened' To Man In Moon . But Mr: Haas evidently holds Dr. Kendall in disdain as a witness on lung cancer and dgaret and dgaret smoking:. At the end of the fitth day of trial yesterday, Mr. H a a a .cracked across the counsel table: ; 11, I~N +tia' t t f: 1 q t +~n , V P~~$ ~~ e aus<a o° f~ ~ Pittsburgh, Peluisy 8 Substances lvsnia ezceeaingl,y complex and ob ~,, April l~y 190V ~ . . ~M" •.. f r~H 4 r~' ,*t Dr., Levin wu the nith 1; Cause Cancer, ~eXd~g~:~ ~t Chemist Says ~ggett & Myers r Mr. Prltchard a carpentar, dalms he contracted lung can• ~ eer lrom oking the f1tYa's Found In 'Tar Chesterbddsmbrand for many From, Cigarets z-eat' ; t one of his Iungs was =+s- Trial' Here Told ' ` moved because of cancer in 1e63. : .. Dt. 1`.ev1n, on questloning by Defense Counsel FYed• erick Saas, sakt the aause or eaeses ot tum~ m~cer bad to be dlscaesed in tcrma of probabWty, rather than oartalnty. . .. .r He sttted earlier yesterday that In hif oplnion "the fact that Mr. Pritchard smoked dgarets and smoked heavily was a major causative factor in his developing this parttcu- ]ar type of lung cancer.- Mr. Haas pointed out that Dr. Levin was asked at a con• " Dr. Kendall, a consulting gressional hearing last week 1 chemist who appeared briefly whether he had come to a cron '!-on the witness stand yester• clusion "with any medical cer. day, resumed his testimony tatnty" regarding a link be this morning in the suj; tween smoking and lung can- against the Liggett & Myers cer• !Zb bacco Co. by Otto Pritchard, «I told them I was eon• 6l•yearold cancer victim from vtnw6 there ts a real risk 8rookline- from amoldng" Dr Levln ,. Jurors At Loss testlned, His testimony took on the •you said Zt took me two appearance of a long lecture years to give it up myseW ' on chemlcali analysis, which Mr. Haas reminded him• seemed to sometimes bewilder . the iury of seven women and Rt oertainiy d1d." Dr. -- ifvee men. Levin . replied. •'It was a,. Even Mr. Pritchard's attor• tough thing to da" aey; James A. McArdle, ealled the complicated description Dc Levin 1a professor and '7nteltlgent but somewhaG un• head of the department of epi. Itttel.ligible." _ demiology at the Roswell Park Memorial Institute, a New Mr. MrArdfe sought to York State center devoted to bring a research machine cancer treatment and research. iaed by Dr. KendallInto the gpudia cancer Rates eourtroom for a demnstfa ~ k~ said he could 1iNc tiqn, but dudgedohn L MU. 1!r refused dgaret'smoking,to lung can. permisafon ~r with "reasonabje mediCal 'I'he witness explained how certainty" but not with "ab• he cwlllcted and analyzed cig• aolute certainty." aret smoke tars while serving He agreed with A•fr. Haea as a consultant' to P. Loril• that a causative factor (such lardCo, , . . -. • .. . as smoking) "Yeayy or may not He satd the eight chemical be operative in a given tn- eompounds referred to as "car• atance." tittogens" were identiSed as Mr. Hsas noted that Ih Dr. Levin'r atudies of ian•- eerrates among men of "lower sodo•economlo sta- tua" smoking habits do not entieelyexpiain the higher Inddence, compared w t t h ths general population 117 WEBNEB SIEMS ~ A New Jersey chemist testi. fed In Federal Court today he isolated eight chemical edmpounds ]n dgaret smoke + tars which are identlfled by the Government as "carcino- ;^'' These are agents which have •-.. Deen found to cause cancer in animals when given in various amounts, said Dr. David N, Kendall of Plaihfleld, N. J He admitted, however, be ' bad conducted no nneer tests on animals hiimelf, ludt In publications of the U. S. Department of Health,. Education and Welfare. He admitted that'the animal tests didn't take Into account whether the amount of "car• dnogens" absorbed by a hu• man smoker'in puffs of cig• aret smoke would be enough "On the basis of y o u r to cause cancer. studies can you predict what ho One Cause will happen to a given indi- Yesterday, a Buffalo, N. Y.,, vidual?" asked Mr. Haas• eancer researcher agreed there "It is practically imposslble ls no single causative factor to predict what will happen for cancer of the lung. to aa Individual unless you Dr, Morton L Levin; a wit• put a gun to his head," Dr. ;,;ttess for the olaintlff, acknowL Levin answered.