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September 30,1930.
Dr. Herman Schlundt,
University of Missouri,
Columbia, Mo.
Dear Dr. Schlundt:
We 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.
Mr. 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-examination. 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 examination.
As you can appreciate we will probably have to
disclose to the Court that the tests made in August were not
satisfactory, which would give Mr. Winans, Mrs. 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 Mr. Markley in one of your letters that
you would make this re-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
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"ocrText": "September 30,1930.\nDr. Herman Schlundt,\nUniversity of Missouri,\nColumbia, Mo.\nDear Dr. Schlundt:\nWe had a conference with Mr. Markley on\nFriday of last week, at which time we discussed the matter of\nthe re-examination of Mrs. Metz.\nMr. Winans is Mrs. Metz's counsel, and he is\nconsidered a very shrewd and not altogether ethical lawyer, and\nit is the opinion of our counsel that he will put every obstacle\nin our way to prevent us from making a re-examination. However,\nshould we be successful in obtaining this re-examination it is\nour opinion that you would be in a somewhat embarressing situation\nshould you not participate in this examination.\nAs you can appreciate we will probably have to\ndisclose to the Court that the tests made in August were not\nsatisfactory, which would give Mr. Winans, Mrs. Metz's counsel,\na wonderful opportunity to disqualify your testimony upon cross-\nexamination in case you did not participate in the re-examination.\nCourt testimony involves data observed or corrected by the\nindividual testifying and not upon information or data told him\nby another. Mr. Winans would undoubtedly know that you did not\nparticipate, and would, therefore, be quite successful in our\nopinion, in raising a question in the Jury's, as well as the court's\nmind relative to your ability to express true opinion of the case.\nYou advised Mr. Markley in one of your letters that\nyou would make this re-examination without expense, and in this\nconnection we will have to say that as far as the Insurance Companies\nare concerned we will have to go thru with this program, but I am\nconfident that some arrangement can be made to take care of your\ntravelling expenses, although you will have to forgo any fee for\nthe re-examination.\nSincerely yours,\nHHBarker:RH\nVice President"
}