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December 6th, 1930.
Dr. S. C. Lind,
University of Minnesota,
School of Chemistry,
Minneapolis, Minn.
Dear Dr. Lind:
Referring to the Tuck and Metz cases, I may say that the
Tuck case is as far as we have been able to determine probably a
legitimate case, although we are not fully apprised as to the extent
which Mrs. Tuck may be suffering.
We are rather disposed to settle this case out of court
if we can agree with her and her counsel on terms of settlement, and
we are working on such a proposition at the present time.
With reference to the Metz case, we do not believe this
woman to be suffering in any way from radium poisoning, and consider
her more or less of an imposter of the type who is endeavoring to obtain
money from us upon the suffering of her fellow workers, rather than
upon her own. She is also represented by counsel who are very unscrup-
ulous as to their methods of attack.
We feel quite confident that we are going to have to go to
"the bat" in this case, and further feel that if we get a square deal there
is no reason why we cannot win. The case is to be tried by a Struck
Jury, which as you probably know will be of a much better type than the
average petty jury.
We had made arrangements with Dr. Moore whereby we sent
him a retainers fee, such fee to be applied to his bill for services in
coming to New York at such time as occasion might demand. We are, however,
averse to this procedure and would much prefer to pay such bills as are
rendered by the men whom we call upon for testimony, such as yourself,
with the hope that you feel quite sure that there will be no question
but what your bills will be paid and paid promptly. Inasmuch as there
are several companies involved in this matter it makes 8 very much more
clearcut proposition, and one which does not involve our gaining the con-
sent of several parties, who do not at all times appreciate the exact
situation. I hope you will feel quite ready to serve on such a basis,
and in case we have taken up unduly of your time in the matter of corres-
pondence and consideration of these matters, there is no reason whey you
should not send us a bill for such services.
I would be the hope of our counsel to have a conference
with you prior to putting you on the stand, in order to determine the exact
nature of the testimony which you would give that might be of benefit
*
We hope to have a final conference regarding these cases during
the next few days and definitely determine upon the men whom we hope to
call, and as soon as this matter has been settled we shall advise you.
In the meantime, however, we wish to be assured that you will be available
in case we would like to enlist your services.
With kind regards, I am
Sincerely yours,
Vice President.
HHBarker:RH
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"ocrText": "December 6th, 1930.\nDr. S. C. Lind,\nUniversity of Minnesota,\nSchool of Chemistry,\nMinneapolis, Minn.\nDear Dr. Lind:\nReferring to the Tuck and Metz cases, I may say that the\nTuck case is as far as we have been able to determine probably a\nlegitimate case, although we are not fully apprised as to the extent\nwhich Mrs. Tuck may be suffering.\nWe are rather disposed to settle this case out of court\nif we can agree with her and her counsel on terms of settlement, and\nwe are working on such a proposition at the present time.\nWith reference to the Metz case, we do not believe this\nwoman to be suffering in any way from radium poisoning, and consider\nher more or less of an imposter of the type who is endeavoring to obtain\nmoney from us upon the suffering of her fellow workers, rather than\nupon her own. She is also represented by counsel who are very unscrup-\nulous as to their methods of attack.\nWe feel quite confident that we are going to have to go to\n\"the bat\" in this case, and further feel that if we get a square deal there\nis no reason why we cannot win. The case is to be tried by a Struck\nJury, which as you probably know will be of a much better type than the\naverage petty jury.\nWe had made arrangements with Dr. Moore whereby we sent\nhim a retainers fee, such fee to be applied to his bill for services in\ncoming to New York at such time as occasion might demand. We are, however,\naverse to this procedure and would much prefer to pay such bills as are\nrendered by the men whom we call upon for testimony, such as yourself,\nwith the hope that you feel quite sure that there will be no question\nbut what your bills will be paid and paid promptly. Inasmuch as there\nare several companies involved in this matter it makes 8 very much more\nclearcut proposition, and one which does not involve our gaining the con-\nsent of several parties, who do not at all times appreciate the exact\nsituation. I hope you will feel quite ready to serve on such a basis,\nand in case we have taken up unduly of your time in the matter of corres-\npondence and consideration of these matters, there is no reason whey you\nshould not send us a bill for such services.\nI would be the hope of our counsel to have a conference\nwith you prior to putting you on the stand, in order to determine the exact\nnature of the testimony which you would give that might be of benefit\n*\nWe hope to have a final conference regarding these cases during\nthe next few days and definitely determine upon the men whom we hope to\ncall, and as soon as this matter has been settled we shall advise you.\nIn the meantime, however, we wish to be assured that you will be available\nin case we would like to enlist your services.\nWith kind regards, I am\nSincerely yours,\nVice President.\nHHBarker:RH"
}