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1024 1 2 1954. 3 Q. What did you do there at that time? 4 A. I left-there to go to Emory Medical 5 School in Atlanta, Georgia. 6 Q. What type of position did you accept 7 there? 8 A. I was assistant professor of medicine in 9 the initial appointment. 10 Q. When you left what was your appointment? 11 A. I was professor and chairman of the 12 department of preventive medicine. 13 Q. For how many years were you at Emory 14 University? 15 A: Five years. 16 Q. What was the third academic appointment 17 that you received? 18 A. I had moved to Dallas, Texas to accept a 19 professorship of internal medicine and chest diseases 20 at the Southwestern Medical School of the University 21 -of Texes in Dallas and at Parkland Hospital where I 22 was director of the chest program. 23 Q. Doctor, what is your present position? 24 A. I am president of the University of Texas 25 System Cancer Center which is headquartered in the ESQUIRE REPORTING COMPANY INC.

1023 1 2 A. I obtained the medical degree it was 3 awarded in 1947? 4 A. My class actually finished their studies 5 in December of 1946. 6 Q. Doctor, when you finished your tour of 7 duty, did you do a residency? 8 A. Yes, I did. In internal medicine at the 9 New York Hospital, the teaching hospital of Cornell. 10 Q. What year did you finish your residency? 11 A. That program was divided into two parts, 12 the residency years for two years and then two years 13 of clinical research fellowship and I concluded that, 14 as I recall, in 1949. 15 Q. Doctor, when you finished your 16 fellowship, your research fellowship in 1949, did you 17 accept an academic appointment? 18 A. Yes, sir, I did, at Cornell Medical 19 School. 20 Q. What type of courses did you teach? 21 --A. I taught internal medicine. My 22 assignment at that time was to teach the sophomore 23 class, the junior class, the senior class and all 24 four years at that time of internal medicine 25 necessitated within residency. I stayed there until ESQUIRE REPORTING COMPANY INC.

1025 1 2 M.D. Anderson Hospital which is a cancer hospital in 3 Houston, Texas. 4 Q. Would you give us some idea, some 5 indication of the size of this facility? 6 A. The Anderson Hospital occupies roughly 3 7 million square feet of space. It will see about 8 31,000 patients new to it ever.y year, will admit 9 about 16,000 of those to the in-patient service and 10 will in a year's time see between 350 and 400,000 11 out-patient visits a year or about 1500 patients a 12 day. 13 Q. Doctor, what is your capacity in which 14 you serve the M.D. Anderson Center at the present 15 time? 16 A. I am the chief administrative officer of 17 that cancer center. 18 Q. Doctor, in this capacity, do you have 19 responsibilities to oversee the budget of that 20 university? 21 -A. Yes, I have responsibilities to oversee 22 the budaet and the entire nroaram including the --~ - - ~--~ ---~ ---- 23 patient care program, the research program, the 24 academic program and the cancer prevention program. 25 Q. Doctor, have you received any awards from ESQUIRE REPORTING COMPANY INC.

1026 1 2 any of the universities that you held positions as 3 faculty members? 4 A. Yes, sir, I have received such awards. 5 Q. What type of awards have you received, 6 for example, from Cornell University? 7 A. I have received the distinguished alumnus 8 award from Cornell and also from the University of 9 Alabama. 10 Q. Doctor, tell us a brief list, if you 11 would, or just give us an overview of the different 12 types of consultations and visiting professorships 13 you have experienced in your academic career? 14 A. Over the entire career I have served in 15 many capacities, as a consultant to the Veterans 16 Administration and to various professional groups and 17 held positions on hospital staffs as consultants and 18 those hospitals in which I was not directly 19 associated with care. 20 In addition to that, I have served as 21 consuitant on various committees and programs of the 22 federal and state government and I have chaired many 23 of those committees. 24 Q. Approximately how many professional 25 organizations and associations do you hold membership ESQUIRE REPORTING COMPANY INC.

1022 1 2 Q. What degree did you attain? 3 A. Bachelor of Arts. 4 Q. Following your receipt of a Bachelor of 5 Arts degree from the University of Alabama, what did 6 you do? 7 A. I was admitted to medical school at the 8 medical college of Alabama and attended two years at 9 that medical school. 10 Q. What happened at the end of two years? 11 A. I transferred to Cornell University 12 Medical School in New York City as the medical 13 college of Alabama did not teach the last two years 14 at that time. 15 Q. Was your medical schooling interrupted in 16 any way by the military? 17 A. Yes. I had some service in between 18 semesters and between classes and was enrolled in the 19 ASTP training program at that time. 20 Q. What type of training program was that? 21 -A. That is an Army specialized Army training 22 program and remained in the service or reserve or one 23 other form until 1953, off and on. 24 Q. Dr. LeMaistre, what year did you finish 25 your medical degree, did you actually attain it? ESQUIRE REPORTING COMPANY INC.

1030 1 2 LeMaistre, who was the Surgeon General at the time 3 this committee was appointed? 4 A. The Surgeon General was Dr. Luther Terry. 5 Q. I want to call your attention back to the 6 time the committee was actually formed. Did I 7 understand you to say the report was issued in 1964? 8 A. Yes, sir, that is correct. 9 Q. When was the committee formed? 10 A. In 1962. 11 Q. Who was the president of the United 12 States at that time? 13 A. John F. Kennedy. 14 Q. Was the work of this committee approved 15 and encouraged by President Kennedy? 16 A. President Kennedy was not visible in the 17 appointment of the members of the committee, but as I 18 recall in a press statement prior to the time that we 19 were underway fully, President Kennedy indicated his 20 sanction of the committee. It is my understanding 21 that irt was discussed with the president and had his 22 approval and that information comes to me directly 23 from Surgeon General Terry. 24 Q. Dr. LeMaistre, I want to develop briefly 25 the background of the advisory committee. Would you ESQUIRE REPORTING COMPANY INC.

1031 1 2 explain to the jury what occurred in the public 3 health organizations of the United States in the 4 early 1960s that resulted in this committee being 5 appointed? 6 A. Yes, sir. There were a number of studies 7 that had been done in the 1950s that showed a great 8 deal of new information coming to bear on the 9 question of smoking and health. And the American 10 Cancer Society, the American Heart Association, as I 11 recall, the American Lung Association and the 12 association for -- National Association for Public 13 Health joined together to make a request of Surgeon 14 General Terry that there be a new and complete study 15 of all of the available information. 16 That was discussed and approved and I 17 believe the Tobacco Research Institute or the Tobacco 18 council was contacted and I am told that those who 19 were nominated were screened by all of the parties 20 not to have exhibited bias on the subject and those 21 of us who had apparently not exhibited bias were 22 eligible for appointment to the committee. 23 Q. What do you mean when you say those of us 24 who had not exhibited bias were eligible for 25 appointment. What do you mean by bias? ESQUIRE REPORTING COMPANY INC.

1013 1 2 HORTON V. AMERICAN TOBACCO CO. TRIAL 3 AFTERNOON SESSION 4 January 12, 1988 5 1:25 p.m. 6 MR. WILLIAMS: Judge, we need to see you 7 in chambers. 8 (Conference with the Judge.) 9 MR. WILLIAMS: Let the record show that 10 we are in chambers and we will be discussing with the 11 Court the exhibits that were introduced yesterday 12 here in the deposition of Dr. Billy Ray Ballard. 13 They carry the numbers 42, 43, 44, 45 and 46. 14 Your Honor, although we didn't realize it 15 yesterday when these were introduced, I think Mr. 16 Davis and Mr. Barrett will agree with me that none of 17 these photographs that I have just referred to were 18 ever produced to us in the plaintiffs' exhibits which 19 were produced on a given date a week or two before 20 trial. 21 -- We have outstanding document requests and 22 they have agreed on numerous occasions to produce to 23 us any photographs, blowups, slides, things of that 24 nature that would be used at trial. We think the 25 introduction of this evidence in violation of that ESQUIRE REPORTING COMPANY INC.

1021 1 2 THE COURT: We should have 15. 3 DIRECT EXAMINATION 4 BY MR. D. DAVIS: 5 Q. Would you state your name for the record, 6 please? 7 A. Yes. Charles A. LeMaistre. 8 Q. Would you speak out, Dr. LeMaistre, so 9 everyone on the jury can hear your testimony? 10 A. Yes. 11 Q. Where do you reside? 12 A. Houston, Texas. 13 Q. What age man are you? 14 A. 63. 15 Q. Are are married? 16 A. Yes. 17 Q. Have children? 18 A. Yes. 19 Q. What is your occupation? 20 A. I am a physician administrator. 21 --Q. Dr. LeMaistre, let's go back to your 22 undergraduate school. Where did you obtain your 23 undergraduate degree? 24 A. I attended the University of Alabama in 25 Tuscaloosa, Alabama in 1943. ESQUIRE REPORTING COMPANY INC.

1036 1 2 experiment, if it was an experiment, to be sure that 3 all of those things were without any flaw as best we 4 could tell. That was our first criteria. 5 And the second criteria, as it is 6 enumerated here under the criteria for judgment dealt 7 with the interpretations that were contained within 8 those reports. And what we looked at there was to 9 look at the logic and the justification and use 10 common sense to try to determine whether this was 11 something that we could rely upon and what we would 12 bring to our other colleagues for discussion. 13 A third kind of judgment that we will 14 come to, I am sure, is how we arrived at our 15 conclusions and we did set some criteria for those 16 judgments for the committee at that time. Those were 17 the three major categories. 18 Q. Let's go that,the criteria that you used 19 for causal significance, Doctor. Would you explain 20 to the jury the very specific and detailed criteria 21 that the committee or the Surgeon General adopted? 22 A. First, if I may, yes, I would like to 23 tell the Court that the preponderance of evidence at 24 that time that was new, not necessarily the 25 preponderance of evidence, but the evidence that most ESQUIRE REPORTING COMPANY INC.