Letters Sent to Dr. Herman Schlundt, September 30, 1930

September 30,1930. Dr. Herman Schlundt, University of Missouri, Columbia, Mo. Dear Dr. Schlundt: Ne had a conference with Mr. Markley on Friday of last week, at which time we discussed the matter of the re-examination of Mrs. Metz. lir. Winans is Mrs. Metz's counsel, and he is considered a very shrewd and not altogether ethical lawyer, and it is the opinion of our counsel that he will put every obstacle in our way to prevent us from making a re-exanination. However, should we be successful in obtaining this re-examination it is our opinion that you would be in a somewhat embarressing situation should you not participate in this exemination, As you can appreciate wa will probably have to disclose to the Court that the tests made in August were not satisfactory, which would give Mr. Winans, Nrs. Metz's counsel, a wonderful opportunity to disqualify your testimony upon cross- examination in case you did not participate in the re-examination. Court testimony involves data observed or corrected by the individual testifying and not upon information or data told him by another. Mr. Winans would undoubtedly know that you did not participate, and would, therefore, be quite successful in our opinion, in raising a question in the Jury's, as well as the court's mind relative to your ability to express true opinion of the case. You advised Ir. Markley in one of your letters that you would make this ro-examination without expense, and in this connection we will have to say that as far as the Insurance Companies are concerned we will have to go thru with this program, but I am confident that some arrangement can be made to take care of your travelling expenses, although you will have to forgo any fee for the re-examination. Sincerely yours, hHBarker:RH Vice President