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~ . 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