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IN THE UNITED STATE$ DISTRICT COURT FOR THE EASTERN DIVISION OF THE EASTERN JUDICIAL DISTRICT OF MISSOURI. Washington, D. C. May 24, 195?. e CAROL JANE LOWE, a minor, by Ida May Lowe, her mother and natural guardian, 0 Plaintitt, NO. 10318 Division No. 2. R. J. REYNOLDS TOBACCO COMPANY, A Corporation, Defendant. DEPOSITION of WILHELM C. HUEPER HART & HARKINS SHORTHAND AND STENOTYPE REPORTING . 416 FIFTH STREET, N. W. WASHINGTON 1, D. C. NATIONAL 8-0343 /7 , ~ W N W

0 x N D E x 1 Y - Y 2 ~ tne • • ireat Cgoea Red reot Recro 3 llilheln 0. Hueper !3 26 115 124 129 131 4 5 6 7 8 9' E X K I 8.I T 8 10 For Delendantie Identilicatiop 11 No. - 1 19 12 13 14 15 16 17 18 _..p.._ 19 20 21 22 23 ~ 0 24 w N ~ 25 w N w N I

Obeater TO 2 5 i I1~ TBS UNITED_STATES.DISTRICT COURT FOR THE EASTERN DIVISION OF T1iE EASTERN JDDIOIAL'DISTRIOT OF MISSOIIRI .. ~ .. .. .. ~ ~ .. .+ «. ~ Ida May x.owet. her. mother and natural guardian,` ' CAROL JA OWE# a minor,.'by-i i P7.aintiff, s 10 va . R . J. REYHOLDS TOBA000 OOMPANY*' A Corporation; 0 No, 10318 .Division No. 2 11 12 13 14 t t Defendant. s ~ a ... .. ~ .. w w .~ .. r ~ .. I x Washington, D. 0. Fr3,day, May 24, 1957 . , . Deposition of WILHELM.:O.-IiUEPER~ a witness produoed, sworn and examined oq the 24th day of' May in the year; of Our :hord.1957s, between!the hours of ten o1olook at m., and four-ten -.20 21 22 23 24 25 ofolook p.m., of that day, at the Offioea of Covington and Burling, 701 Union.Truet Building, Fifteenth Street, Northrrest, iq the City of Washi.ngton, Distriot of Columbia, in a oertain aause now pending in the Distriot Court for.th, Eastern Divisio of the Ea$tern Judioial Distriat of Missouri, between Carol Jan howe, Plaintiff and R. J. Reynolds Tobaooo Company, Defendant, taken on the part of the-Defendant. I ~ 0 W N ~ W N W w I

2 i 1 2 3 4 5 6 APPIiAItANCES s WIIRELiA C. HiTEPER .. 8 9 10 of lawful age, being produoed, sworn and'examitied on.tha part of the Defendant deposeth and saitht' Edwin J. JaQob, Esquire By Riohmond C. Ooburn, Esquire On Behalf of the Defendanti Coburn and Croft On Behalf of the Plaintiff 2 Donald Siegel, Esquire DIRECT EXAMINATION By Mr. Coburns Wi).l you state your full narie Wilhelm C. Hueper. Where do you live, $ir? . Q 17 18 19 20 21 22• 23 24 In Bethesda, Maryland. f~ And your age? A I'am sixty-two. Q Your profession? A I am a physioian. please, sir?. Q Now Dr. Hueper, were you served with a subpoena.in this mb,tter?. A r..Yes I was. (~ And you are appearing here pursuant to that subpoena That is right. 2511 Q Where were you born?

It 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A In Germany, Q Where did you receive your medical eduaation? A I studied medioine at the University of Marburg, Roato4k and Yiel, I was graduated from the University of ---- ~ , Kiel. Q When was that? Q 1920, 3 After your graduation from medical sohool, did you soon'apeoialise in some particular branch of medicine? A I specialized in pathology. Q When did you begin that speo iality? In 1921 I think I had my first training in pa'thology. Q When did you first become espeoia],l,y interested 'in . . ., oanoer of the lung and its possible causes? A During the very early years of my,pathological training while I, was still in Berli.n. I was serving as an ~ assistant pathologist of th3 Municipal Hospital in Berlin. Q Q Q Would.you say that was in 1921? aetween 1921 and 1923 I was there. When did you come to the United States? In 1923, in November. r- N w Since coming to the United•States, without goirig into a great deal of.detail about this, will you te7,1 us in a genor way what your medical experience has been?. 25 11 A Well, in June of 1924 1 became Director of the

t '4 laboratories of Maroy Hospital, Chioago, which is the main teaching hospita7l of Loyola University Medical Sohool,• and• .1 became Assistant Professor and later as Assooiate Profeosor of Pathology of that University. I1stayed there until 1930. In 193o I became Prinoi- pa7.. Pathologist 'of the Cancer Research Laborator.ies . of the Un!.versity of Pennslyvania in Philadelphia•, I-stayed there 4 - for approximately three or four years. Then I changed over for a few months to the Depart- ment of Pathology of the University. Then I was again for a few months the Pathologist of 'the Hospital in Uniontown, Pennsylvania. ThenI.went back into medical research and became }the.Assistant Director of the weaaly founded Haskell Laboratory of Industrial Toxicology for the Du Pont Company at Wilmington, I stayed there for three and one half years. From there I moved to New York to become the Assistant D3.reator of the Warner Institute for therapeutic researoh-of the-William ~. Warner Company, a pharmaceutical company, I was with them for ten years until 1948. Then I wae-asked to join the National Cancer Institute to take over their research on envir onmental oanaer. ~ • Q And that is what you do? A And since that time I was.in Bethesda, Maryland with

1 2 3 4 6 6 7 8 9 the National Cancer Institute. Q Will you tell us briefly what the National Cancer Znstitute. is? A The National Cancer Institute is a part of the NationaLlnstitutee of Health, whioh is the.Researeh Branch of the Public Health Service of the United States Department o Health; Education and Wel.fare. Q• In other vord$, it is a branch then of the United , States Government? 10 A It is a branch of the United States Government. #2 11 19 20 21 22 23 24 25 Q Since,aoming with the National Cancer Institute, havd you been.engaged full time.to,the research and possible causes of aancer?' A 'That is right. Our section is interested in as- 4 the environmental oauses of caneer of men. We wP.nt to find out what agents ip the human environment, ehemieal, physioal or animal. agent$` can cause eanoer in the human being. Q By that do you mean -the varioua things that the human being oomes in con.taot with in the world abbut him? A -That,is right, various.'oontacts, either occupational or dietary or particularly environmental, let us say pollutants of the air or water.. ~ Q Did you say~that you came with the National Cancer w N L ~, Institute as the Chief of the Environraental Cancer Section? N ~..: A . That is right. - 9 e J

2 3 6 Q In 194,55 snd Tcu havo rewainGd a:~ Chief ot' t,Z„zt sinoe tnea? A That is right. Q Q nodioal msgst:nesp 8 9 10 11 12 17 1S A Yes. A contributor of as-tiales, let us say. Q U'hat masgari.ne, or what publioation? A I have published articles in very m3ny jourivsafl, pathological journals whioh are devoted to patholoz;y, to to vascular diseases and 'to cuedioine in genoral. Q Can you toll rae approximatoly how many papora yau have written in the field of it'odioal literature? A An3vhere bctvren 250 and 300. • Q Are you the authQr of "Oooupational Tumors and Ax lt c, Diseases ".? A That is rifiht, •.6 e r , . Q Are you the author of a monograph publiebod by t,ho o w Publio Health Serviae, known as the "Quost into the 7::civi.r•on- ~ cu tnental Causes of the Lung"? ~ And yru are tJic~re now? That is right. 1 Dnator, have you boon a oontriTutina +editor to r-c* CD That is right. r Are you -an Honorary Follow in riny Sai(jnti.fi.v C()0 tc?t; S c=ti Y A In the Now York Aoadamy of Snienooe, in 'a'ho J1.tav.Oo;cii Assooi.ation For The Advanaement oP Soi.enaas. Q u

ti 1 2 3 4 7 Q Now Dr. :Iuap3r, some people have suggested that I eigarette. smoking might.be a cause of luno cancer -Uedause they . , . . , say that there has been.a parallel inorease in lung cancer and oig,arette sinoking.- Are you familiar with that'eontention? A Yes z am,: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. HoW do you feell about that? A There is in certain statistics or i n studies some degree of parallelism between these two phenomena. That has been demonstrated. However$ that parallelism has not been eonsistentl.y ail found for &u~r- oouritry. Moreover, there is no consistent relation betsroon the degree of cigarette tobacco oonsumption and the fxequeYtcy rate of lung cancer for diffqretit countries. Q Aotually Dr. when was an inarease in lung cancer first noted? A The pathologists of central Europe, particularly in Germany where autopsies were performed for many years in hospital institutes of pathology, the University institutes of pathology on the.majority of patients who died in these hospitals, the pereentage rate'ran between 90% and 950 of the deaths whiah ooourred;~ ainL showed around 1920 that there had been a gHadual, ar.d progressive increase in lung canaQr deat:l3 observed in autopsies sinoe the turn of the Century. Q Since about 1900?

1 2 3 4 6 16 17 18 19 ~3 20 11 21 22 23 24 25 A Around 1900. Q And then i t gradually ata.rtQd to increase, the nufflbci~ of eases inereased. Ha.ving in mind that you tirere living in Central l:urop, at -that titao, tiiaa there any increase in smoking during that peVs.od of time that parallalled the incsroase in lung cancer from 1900 to 1920? 24R. SIEGEL: I am $oing to object to that unless the is sone basis of establishment which the Doctor would"be personally conversant with and know what the cigarette consuc7.~~ •tion for that period in that area was, .;I also object on those grounds unless it is so established. I don't know whether he does or not. MR. COBURIV: The ob fection may be noted. 3, By Mr. Coburn; Wi1.1 you please answer the question, Doctor? A It is pretty well estsbll.shed from statements in t;li,: literature that a wide spread and gonera]l use of the oigaresttu among the people of industrinlized countries first World War started vith the , ~ That means there was an increase in the lung aanc(>_ w° inaadenee before the custom of smoking cigarettc;s becc,~le a r W N ~ vides re d h bi p a. t, s 0 Moreover, one has to consider the fac t that a 1a,teiit I Perlod of e,nyfthare from ten to tbirty years usually elal_lees i'a-o z