Letters Received to Raymond H. Berry, May 5, 1928

COLLINS & CORBIN COUNSELLORS AT LAW CLEMENT K. CORBIN ROBERT J. BAIN EDWARD A. MARKLEY DAVID A. NEWTON 1 EXCHANGE PLACE, CHARLES w. BROADHURST JERSEY CITY. N.J. HOWARD F. MC INTYRE FRANK A. BOEHLER JAMES B. EMORY PATRICK F. MC DEVITT May 5, 1928. Fryer, et al V. U. S. Radium Corp. Raymond H. Berry, Esq., 60 Park Place, Newark, N. J. Dear Mr. Berry: Replying to your letter of the 4th instant, please be advised that it will be impossible for me to proceed with the final hearing in the above on May 23rd, 24th and 25th, 1928. I have been in court almost every day for the past three months and expect to be in court all through May in other cases. On May 15th the Court of Errors and Appeals opens and I have six matters which I have to argue before that Court, namely, Mullens V. Walkter, two oases of Lehigh Valley Railroad Company V. State Board, Taylor V. Kalfen, Williams V. Hudson and Manhattan Railroad Company and Bowes V. Bowes. In addition to that, I have cases whioh I must try at the Union Circuit which opens on May 14th, at the Warren Cirouit which opens on May 21st, as well as a Chancery hearing specially set down before Vice Chancellor Fallon on May 28th, to say nothing of other cases which will have to be tried in Hudson, Essex and Bergen Counties. I say it is therefore impossible for me to proceed with the trial of the radium cases on May 23, 24 and 25, 1928. In addition, our experts, such as Dr. Flynn, Dr. Lind, Dr. Sohlundt and Dr. Moore cannot be available for May 23rd, 24th and 25th. Two of them are going abroad for several months and will not be baok until after the Summex. The other two are connected with institutions of learning and their busiest time is during the latter part of May. I am sending a copy of this letter to Vice Chancellor Backes so that he will not hold open the dates that you have selected for the continuation of this hearing. Yours very truly, EAM: AG E. A. MARKLEY