Document 62xDrKexeyKO9wJkxqnkjkBo
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CH RISTIE BEN ET W ILLIAM ' M. SHAND W . C. MCGOWAN
C. BOYD. JR. M. SH A N D , J r . J . BEATTIE. JR.
BERET, SHAND & MCGOWAN
ATTORNEYS AND CO U N SELLO RS
1 2 0 7 N A TIO N A L LO A N & E X C H A N G E BA N K B U IL D IN G
COLUMBIA. SOUTH CAROLINA
Dec. 11, 1937.
PHONE 2 2 1 1 5
P. O . B O X 1 8 8
Dr. Robert A. Kehoe, College of Medicine, Eden & Bethesda Ave., Cincinnati, Ohio.
Dear Dr. Kehoe:
FILE
Standard Oil Company.
The attached copy of letter to Dr. Lynch will explain" itself. I will write you more in detail later, but I am hurry ing this off before I leave for New Orleans where I will be for several days next week on business.
You will be interested in knowing that the Judge charged the Jury that there was no evidence that any of the Esso dispensed at the Rowe station during the times mentioned in the trial that had a greater concentration of tetraethyl lead than 3CC.
With regards and thanks for your assistance, I am
C B --p *
(Enel).
C H R IST IE BEN ET W IL L IA M M . SH A N D W . C . MCGOWAN
W . C. BOYD. J . W . M. SHAND. JR .
B E N E T , S H A N D 8e M C G O W A N
ATTORNEYS AND CO U N SELLO RS
1 2 0 7 N A TIO N A L LOAN ft EX C H A N G E BA N K B U IL D IN G
COLUMBIA, SO U TH CAROLINA
Dae* 11, 1937*
PHONE 2 8 1 )5 P. O. BOX 188
Dr* Kenneth H. Lynch, South Carolina Medical College, Charleston, S. c*
Dear Dr* Lynchs
',
va* Standard Oil C o *
Itoi Irnva probably seen in the papers where the jury in he ease brought in a verdict for $60,000*00 against the StaaaaSreHJil Company and let Rowe, the co-defendant, out* This raises a very interesting legal situation which we think will help U3 on appeal*
There is not a great deal to add to what you already
know, except that during the argument b y plaintiff's counsel,
particularly Mr* Edens, he made statements outside of the re
cord and highly prejudicial to the defendant Standard Oil Com
pany and for the obvious purpose of prejudicing the jury. When
we repeatedly objected the Judge 's comments were such as to rath
er discredit our bbjeetions*
Hence, after getting our position
clearly in the record on several items, we said nothing further;
but at the close of all the argument - the jury having been sent
out -- made a motion that the Judge declare a mistrial inasmuch as
he had failed to give us a fair trial and properly protect the
defendant against unjust and improper statements made by counsel*
This was promptly over-ruled and we then gave general notice of
motion for new trial, which was msrksd-^hiard11, but will be argued
later*
We naturally are disappointed, but feel that we have an ex cellent record and are confident we can reverse the case in the Supreme Court* Will keep you advised as matters develop, and greatly appreciate your help and co-operation.
With regards, I am
Yours sincerely,
CB--p*
cc to: Dr* Robt. A. Khoe, Cincinnati, ) h i o *
cm