Document L9BDpvVJNZRLVVVX5O3amNz5

November 10, 1939 Dr. T. A, W atters 1^30 Tulane Avenue New Orlean s La. Dear Doctor W atters jI am w r itin g you somewhat b e lat e d ly concer n in g the postponement o f th e t r i a l o f flH H H H H M BH fevs. 3. 1. duPont de Nemours and Company, sin ce I have Ju st found out t h at you were not n o t ifie d at th e proper time o f th e postponement o f th e case . I am very sor r y indeed t h at you were not n o t ifie d and t h at you su ffer ed a con sid er ab le amount o f incon ven ien ce as a consequence of t h is postponement. For your Information the case w ill be taken up again in a l l probability on Jan uary 31st and on th e se ve r al days immediately t h e r e aft e r . I w ill make i t a poin t m yself to get in touch w ith you at t h at time and to l e t you know th e n ear est p o ssib le d at e on which your testimony w ill be r equ ir ed . I was le d t o b elieve t h at you would be informed promptly e it h e r by th e at t or n eys fq r th e duPont Company or by Dr. Jo n e s, but sin ce t h is was n ot done, I would not permit you to be su b ject ed t o any fu r t h e r inconvenience which can be avoided th rough proper in form ation . Our fr ie n d s, the attorn eys, are not always as zealous in arran gin g m atters fo r our convenience as they might b e. There fo r e I sh all make i t a p oin t t o n o t ify you. Concerning t h is case and th e importance of your testim on y, I th in k i t i s only r igh t to say th at in my op in '.on what i s r equ ir ed i s testimony which w ill c la r ify th e sit u at io n produced by the h o sp it al r ecor d . On th e face o f th e reepr d, th e d iagn osis o f*le ad poison in g and lead enceph alopath y Is w ritten down and with out any qu est ion . Th is record th us co n st it u t e s a b it o f fa c t u a l eviden ce which w ill be hard, t o combat except by th e testim on y o f a l l the men of experien ce and t r ain in g whose names appear in con n ection with the record and d iagn o sis. I fe e l t h at i t I s very Important t h at t h is testim on y be given . X fe e l t h at i t is only f a i r th at i t sh ould be given sin ce th e d iagn osis ar r ived Kif 0017134 2 a t In t h is case was not made or con curred in by th e s t a f f ph ysician s -whose names appear on the r ecor d . In most in st an ces th e record would not be o f major importance n e c e ssar ily , but in t h is case i t happens to con st it u t e th e ch ie f evidence by which claim of lead poison in g i s su b st an t iat e d . I t i s , th er efor e, o f con siderable importance th at th e fa c t s in th e m atter be presen ted in the court r ecor d . I sh ould not be unduly exer cised about th e outcome o f t h is case except fo r th e fa c t th at th e management o f t h is plan t have gone t o gr eat len gth s and expense in order to make th e p lan t sa fe . I t r ep r esen t s from my poin t o f view one o f th e most id e al chemical p lan ts in t h is o r in any oth er country. Every e ffo r t h as been made t o p r o t ect th e workmen again st dan ger, and the expense o f th ese e ffo r t s can on ly be Ju st ifie d i f the management in p r o t ect in g th e men have a lso p r ot ect ed th em selves again st u n ju st claim s. I fe e l, th er efor e, in the in t e r e st s of Ju st ice : and also in th e in t e r e st s o f th e furth eran ce o f proper methods o f In d u st r ial hygiene th at i t i s important th at t h is case be decided in st r ic t r elation to the fa c t s , r at h er than on th e b a sis o f p r eju d ice or pre ju d ic ia l testim on y. X ap p r eciat e very much the at t it u d e o f y o u r se lf and your a sso c ia t e s in bein g w illin g to t e s t i f y in t h is c a se , sin ce I know t h at in volveden t in t h is case i s a s ob ject ion ab le to you as i t i s to me. In any case I sh all h old m yself r esp on sib le fo r n o t ify in g you in advance of the n ecessity for your appearance. Cor dially yours, PAK; I s Sober A. Kehoe, M.D. KE 0017135