Document wrZ1bnB0onN5ogGd9XZv9XKad
FILE NAME: Westinghouse (WH)
DATE: 1993 July 15
DOC#: WH090
DOCUMENT DESCRIPTION: Legal - Deposition of Dr. Markowitz with Barry Castleman Notes
ID :
SEP 29 '93 11:11 No .3 P .02
D R . tm ^ o ^ c rz .
1
2 SUPREME COURT OP THE St a t e
3 CNT* OP NEM y0RK
NEM **K
4
'
S - TERM ! PART 17
5 IN RE:
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6
N `Y ' - a s b * s t o s l i t i c a t a A e Rpis 7
Ma r i o m a l t e s e , et a l ,
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8
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9
"-- X
10
J u I y 15, 1993
11 B E F 0 R E .
12
H N. WALTER M <nu*
s c a c k m a N,
13 JUsti.ee ' aanndj a Jury
14
15
(APPEARANCES AS H E R E TOFORE N O T E D .)
16 * * *
17
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2233
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1
Proceedings
2
First thing I want to tell you is
3
before the Bickerstaff deposition, I told
4
you that it was being offered only in the
5
cases of Mario Maltese and Savino Stallone
6
against Westinghouse. Westinghouse is not
7
the. o n 1 y dc fendant in those two cases,
8
they are one of a number of several other
9
defendants in those cases, so bear that in
10
mind, they are not the only one.
11
And at the same time let me tell you
12
that this morning we have a witness about
13
to testify in the same two cases, this is
14" -
' Maltese and Stallone against'
15
Westinghouse.
16
The testimony of Dr. Markowitz that
17
he is going to testify to is only against
18
Westinghouse and not against any other
19
defendant in the case.
20
All right, you may call your
21
witness.
22
MR. PLACITELLA:
Jerry Markowitz.
23 G E R A L D
MARKOWITZ,
2 4
called as a witness on behalf of the
25 Plaintiff, having first been duly sworn, was
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Markowitz - by Plaintiff - Direct
2 examined and testified as follows:
3
THE CLERK: May I please .have your
4
full name?
5
THE WITNESS: Gerald, G-e-r-a-l-d, E.
6
Markowitz, M-a-r-k-o-w-i-t-z.
7
THE CLERK: Home address, please.
8
THE WITNESS: 160 West 97 Street, New
9
Y o r k , 10025.
10 DIRECT EXAMINATION
11 BY MR . P L A C I T E L L A :
12
Q
Good morning, Dr. Markowitz, how are you?
13
A
Good morning.
14
Q
I'll ask you to keep your voice up because
15 of the air conditioners. I dare not approach you
16 because I've been subject to mishaps in the last
17 couple of days, so I'm going to stand right here and
18 just ask that you speak as loudly as you can.
19
Now, you currently live in New York
2 0 City?
2 1
A
Yes, Ido.
22
Q
Are you a lifelong resident of New York?
2 3
A N o , I am not .
24
Q Where did you grow up?
25
A I grew up in the Bronx and --
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Markowitz - by Plaintiff - Direct
2
THE COURT: That's part of New York
3
State.
4
THE WITNESS: But then I moved out of
5
New York.
6
Q
You moved out of New York for a time?
7
A
I moved out of New York to go to college
8 and graduate school, and then I lived in New Jersey
9 for approximately 18 years or so.
10
Q
And now you've come back.
11
A
Now I've come back.
12
Q
And where do you currently work?
13
A
I work at John Jay College of Criminal
14 Justice ,' which is part of' the City University ~o'f' New
15 Y o r k .
16
Q
How long have you worked there?
17
A I've worked there for 23 years..
18
Q And what do you do at John Jay College,
19 what's your job?
2 0
A
I am a protessor of history at John Jay
21 College.
22
Q
How long have you taught history at John
23 Jay College?
24
A
For the same 33 years.
2 5
Q
Do you have m y other appointments at any
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Markowitz - by Plaintiff - Direct
2 other universities currently?
3
A
I am also part of the faculty of the
4 Graduate Center of the City University of New York.
5
Q
Are you currently teaching at the -
6
A
No, I am not currently teaching.
7
Q
What's an appointment?
8
A
It means I am considered to be of
9 scholarly worth to be able to teach at -- to teach
10 graduate students.
11
Q
It is good for them to have you on their
12
rolls, is that basically it?
13
A
Yes.
14 ------ q - Could you'"tell' the jury what your
-
15 educational background is?
16
A
I have a bachelor's degree from Earlham
17 College, which is in Indiana, and a masters degree
18 and a Ph.D. from the University of Wisconsin.
19
Q
What is your bachelor's degree in?
20
A History.
21
Q What is your masters and yourPh.D. in?
22
A Both of those are in history as well.
23
Q
And what was your thesis in?
24
A
My thesis was in American foreign policy.
25
Q I call you Dr. Markowitz out of respect
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2 because you're a Ph.D. You are not a medical
3 doctor, is that true?
4
A
I am not a medical doctor.
5
Q
Now, have you ever conducted any
6 historical research yourself?
7
A
Yes. For the entire time that I have been
8 working at John Jay College, I have been conducting
9 historical research.
10
Q
And what kind of historical research have
11 you done?
12
A
Over the past 8 to 10 years I have been
13 working on the history of occupational safety and
I4~ health.
15
Q
' And have you done any other work other
16 than that in the area of your specialty, history?
17
A
Yes. Prior to that I worked for
18 approximately 10 years on various federal mural and 19 sculpture projects that were sponsored during the
2 0 great depression.
2 1
Q
In fact, one of the projects had to do
22 with the mural right downstairs.
2 3
A
That's correct.
24
Q
Now, the last 10 years you've concentrated
25 on the history of occupational safety and health, is
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2 that correct?
3
A That's correct.
4
Q Have you ever received any grants for
5 historicalresearch?
6
A
Yes. The National Endowment for
7 Humanities has -
8
Q
What's a grant, before we start?
9
A
A grant is money that is given to my
10 institution, to John Jay College, to hire
11 replacements for me so that I could spend the time
12 doing research and not do my teaching.
13
Q
Who has given grants so you could go out
14 and do historical research, what organization?
15
A
The federal government gave me grants,
16 which is the National Endowment for Humanities. In
17 addition, the university has given grants to support
18 travel for research and xeroxing.
19
Q
Now, have you ever published any articles
2 0 as a result of the historical research that you've
21 done?
22
A
Yes. I've published several articles.
23
Q
And could you give us an approximate idea
24 of what they deal with?
25
Did any of the articles that you've
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2 published deal with the history of occupational
3 safety and health?
4
A
Yes, several of the articles deal with the
5 history of occupational safety and health.
6
Q
Have you ever published any books relating
7 to occupational safety and health?
8
A
I've published three books relating to the
9 history of occupational safety and health.
10
Q
All right. I see Mr. Cairns has gone
11 through the trouble of going to the library and
12 getting a couple of your books. Is this one of your
13 b o o k s , Dying For Work?
14
A" " Yes/ that is one erf my books." ' '" '
15
Q
What's this book about?
16
A
This book is a collection of essays by
17 myself and other historians dealing with various
18 aspects of the history of occupational safety and
19 h e a l t h .
20
Q
This says that it came from the New York
2 1 Public Library. Then another book is called Deadly 22 D u s t . Did you author this book as well?
23
A
Yes, co-authored that book.
24
Q
What does this book deal with, Deadly
25 DUSt?
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2
A
That book deals with the history of
3 silicosis, which is an occupational disease, and it
4 covers the period from the late 19th century to the
5 present.
6
MR. PLACITELLA:
For the record, it
7
is from the Science Department of the
8
Mid-Manhattan Library.
9
Q
So if anyone wanted to find the things you
10 published they need only go to the library.
11
A
That's correct.
12
Q
Now, in your book -- both of your books,
13 you have a coauthor, David Rosner. Who is David
14 Rosner?
..... .
........ .....
~
15
A
David Rosner is also a professor at the
16 City University of New York. He teaches at Baruch
17 College and also at the Graduate Center.
18
Q What is his educational background, if you
19 know?
20
A
He has a rasters in public health from the
2 1 University of Massachusetts, and a Ph.D. in the
22 history of science Iron Harvard University.
23
Q
And why is .t that you and Dr. Rosner
24 collaborated in these publications?
2 5
A
Dr. Rosner's specialty is in the history
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2 of public health and history of medicine; my
3 specialty is in the history -- social history and
4 intellectual history, so it's a combination. We're
5 looking at the history of occupational health not
6 simply in medical terms, but also how it relates to
7 workers and industry and insurance companies, a wide
8 view of these areas.
9
Q
Now, what -- in putting together these
10 b o o k s , Deadly D u s t , and your articles, the book,
11 Dying For W o r k , and the articles, what historical
12 methods do you employ? What do you do? How do you
13 get to the final product?
14" "
A
Well, we begin by reading books that have
15 already been published and articles that have
16 already been published about the subject matter that
17 we're interested in, for instance occupational lung
18 diseases.
19
We would also then go to Libraries
20 that have what historians call primary sources, the
21 documents themselves that are generated by either
22 the insurance companies or unions or industry about
23 these subject matters, and we go through those
24 document- collections, which are often quite
25 extensive, and select the relevant documents, and
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2 then collect all of those documents and tell a
3 coherent story about the subject matter that we're
4 concerned with.
5
Q
You say insurance. You
mean the
6 Metropolitan Life Insurance Company is one?
7
A
T h a t 's r i g h t .
8
Q
That's a life insurance
company.
9
A
Right.
10
Q
Now, are you familiar with an organization
11 known as The Industrial Hygiene Foundation or
12
Industrial Health Foundation?
13
A
Yes, lam.
14
Q
And when is the first time that, you came
15 into contact with any information concerning The
16 Industrial Hygiene Foundation?
17
A
I would say probably about six or seven
18 years ago in the course of our research about
19 silicosis we found references to the Industrial
20 Hygiene Foundation and it's prior name, The Air
21 Hygiene Foundation, and attempted to find out more
22 about it because it seemed to be very important in
23 the history of occupational health.
24
Q
And have you in fact commented on The
25 Industrial Hygiene Foundation in any of your prior
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2 publications?
3
A
Yes. In Deadly Dust we have quite a bit
4 of analysis and discussion of the Industrial Health
5 Foundation and The Industrial Hygiene Foundation.
6
Q
At some point in time in the not too
7 recent past, did I come to visit you to ask you to
8 do research, further research concerning the history
9 of the Industrial Hygiene Foundation?
10
A
Y e s , you did.
11
Q
And did you do that research at my
12
request?
13
A
Y e s , you did.
14
O' And did you" use the same historical .....
15 methods of conducting that research or extensive
16 research that you used in putting together the
17 various books and articles that you published in the
18 past?
19
A Y e s , we did.
2 0
Q Could you tell the jury, in conducting
2 1 your research did I also ask you to research the
22 history of something known as The Konicide Club.
23
A Y e s , you did.
24
Q
Can you tell the jury what sources, what
25 did you do, where did you go, what did you look at
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2 in conducting your historical research concerning
3 The Industrial Hygiene Foundation and/or The
4 Konicide Club?
5
A
We went to first libraries that were in
6 New York, went to the New York Public Library, we
7 went to the Columbia University library, we went to
8 a specialized engineering library on 47 Street, and
9 then in addition, we went to the national archives
10 and looked through the records of the United States
11 Public Health Service and the United States Bureau
12 of Mines where we had seen some reference to it 13 being involved in the Industrial Hygiene Foundation, 14 arrd ~we' also went to- P it tsburgh; -which was the 15 headquarters for The Industrial Hygiene Foundation, 16 and examined their records at both the University of
17 Pittsburgh and at the Mellon Institute.
18
Q
Is it fair to say you reviewed numerous
19 documents, doctor?
20
A
Very, very many documents.
2 1
Q
Far too many to bring with you today?
22
A
Yes, hundreds if not thousands of
23 documents.
24
Q
Now, the national archives, that's in
25 Washington, correct?
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2
A
That's correct.
3
Q
And during the -- is the information that
4 you found and looked at the kind of information
5 relied upon by experts such as yourself in forming
6 historical opinions?
7
A
Absolutely.
8
Q
And you put a lot of time into this for me
9 over the last eight or nine months, true?
10
A
That's correct.
11
Q
And I compensated you for your research
12 time?
13
A Yes, you did.
14 -
q
And you are being compensated for your
15 testimony here in court.
16
A That's correct.
17
Q And how did the income that you received
18 in terms of the last year compared to other years as
19 it relates to doing work for say lawyers? Have you
20 ever done work for lawyers before that?
21
A
Never had lone work for lawyers before.
22
Q
It wasn't that unpleasant an experience,
2 3 was it, doctor?
24
A No, research is research.
25
Q
And did you reach opinions about how the
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2 IHF and The Konicide Club came about and what its
3 purposes and goals were?
4
A Yes, I did.
5
Q
And, doctor, when you testify here before
6 the jury, I would ask that you state all your
7 opinions within a reasonable degree of certainty
8 within the confines of your disciplines. Do you
9 understand that?
10
A
Yes.
11
Q
Now, doctor, you're nothere to give any
12 expert testimony about the history of asbestos
13 disease or the historical literature on asbestos
14 disease, are you?
15 .
A
N o , I am n o t .
16
Q And you've never primarily published in
17 the area of asbestosis or other asbestos lung
18 disease?
19
A
N o , I have not.
20
Q Now, you understand that yourtestimony is
21 limited to historical origin and purposes of The
22 Konicide Club and The Industrial Hygiene Foundation
23 and its predecessors?
2 4
A Yes, I understand that.
2 5
Q
That's why I ask you focus your attention
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2 on that. Now, what is The Konicide Club?
3
A
The Konicide Club was a group of
4 researchers, scientists, who were concerned about
5 dust and dust diseases in the early 1930s.
6
Q
And in the course of your research, was
7 there a lot of information available about The
8 Konicide Club?
9
A
There is very little information available
10 about The Konicide Club.
11
Q
What did you find in doing your research,
12 which kind of information?
13
A
There was an article that was published I
14 think~in i?72`by two' of the ~participant's in the
15 Konicide Club that gave a brief history of The
16 Konicide Club. That was the major piece of
17 information that we used.
18
Q
And did I also supply you with a couple of
19 documents that I obtained from the national archives
20 that also referenced The Konicide Club?
2 1
A
Yes, you did.
22
Q
Would that be the kind of information that
2 3 a historian would rely upon even if it was given to
24 him by a lawyer?
2 5
A
Y e s , it is .
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2
Q
And could you tell the jury when The
3 Konicide Club was founded?
4
A
The Konicide Club was founded in 1932.
5
Q
Could you explain to the jury what the
6 word Konicide stands for?
7
A
Konicide is a word that's made of a Greek
8 and a Latin word. The Greek word is the Koni part
9 of it, which is Greek, the Greek word is konia,
10 which is dust, and cide comes from the Latin, like
11 homicide, meaning killer or killing, so the
12 combination together would be k iller dust c l u b .
13
Q
So the killer dust club, that's; the
14 t ranslation of tti s 'organization that was; founched in
15 1932?
16
A Yes .
17
Q
Do you know who any of the members were of
18 the killer dust club from your research?
19
A
Yes. There were approximately 20, 25
20 members of the club.
2 1
Q
Do you know whether or not Westinghouse
22 was ever a member of the killer dust club?
23
A
W e s t i nghouse was a m e m b er of The Konicide
24 C l u b , yes.
25
Q And were there other members from industry
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2 also, doctor?
3
A
Yes. There were members from the -- a
4 member from The Norton Company, which was an
5 equipment manufacturer. There were members from
6 insurance companies like Metropolitan Life, and
7 another insurance company.
8
Q
Were there people there from academia?
9
A
Yes, there were a couple of people from
10 Harvard University.
11
Q
Were there any people who worked in
12 government at the time?
13
A
Yes, there were members of the club who
14 'were part of the United States Public 'Health Service
15 and the United States Bureau of Mines.
16
Q
Now, in other parts of the trial we heard
17 about the Saranac Laboratory. Were any members of
18 the Saranac Laboratory a member of this club?
19
A
Yes, there were I think several members of
20 Saranac that were members.
2 1
Q
Now, could you just give the jury a brief
22 description of what the purpose of the club was
23 based upon your research.
24
A
The purpose of the club was to share
25 information by these people who were studying dust
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2 diseases to try and learn more from each other about
3 these dust diseases, and in one case they gave a
4 talk to an industry group to try and tell that
5 industry group about dust diseases.
6
Q
Now, doctor, there is nothing wrong with
7 what The Konicide Club was about, is there?
8
A Absolutely not.
9
Q They sat and discussed dust diseases.
10
A That's correct.
11
Q There is nothing nefarious or anything
12 like that.
13
A No.
14
Q
Now, is one of the killer dusts that were
15 discussed at The Konicide Club asbestos?
16
A
Yes, that was one of the dusts that was
17 discussed at the club.
18
Q How do you know that?
19
A
There is a iocument in which they list
20 what the various panels discussed at one of the
21 meetings in 1939, and all of the papers on that day
22 or two days related to asbestos.
2 3
Q
Is this the iocument that you are talking
24 about, this 1938 document?
25
A Yes, that's correct.
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2
Q
And it's sent to all members of The
3 Konicide Club?
4
A
It seems to have been.
5
Q
It says, "Sent to all membersof The
6 Konicide Club."
7
A
Yes.
8
Q
And it lists the agenda forthe meeting,
9 correct?
10
A
That's right.
11
Q
December 27, 1938. And it lists a number
12 of articles that are going to be discussed and by
13 who, true?
14
A " That's correctr. ~ '
_
15
Q
General Survey of the Asbestos Industry,
16 Experimental Pathology Concerning Asbestosis by
17 Gardner, Clinical Survey of the Asbestos Industry by
18 Sayers and Dreesen, Discussion of Pathology in
19 Patients Dying with Asbestosis, etc..
2 0
Now, you are not familiar with the
21 underlying articles, are you, doctor?
22
A
N o , I am n o t .
2 3
Q
Y o u 've never read them?
24 A I have never read t h e m . ]
25
Q
T h a t 's not your function here.
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2
A
That's correct.
3
Q
Is there any doubt in your mind, doctor,
4 having done the research, that the members of The
5 Konicide Club -- I'm not saying there was anything
6 wrong -- including W e s t i n g h o u s e , knew that asbestos
7 was a killer dust?
8
MR. CAIRNS:
Objection, your Honor,
9
to what any individual participant may
10
have known at that time. I don't think
11
this witness can comment on that.
12
THE COURT: Overruled.
13
A
They certainly -- the name of the club was
14 the'"ki'ller dust 'dub', and one of tie articles r
15 think near the bottom talks about dying, pathology
16 of dying patients from asbestos disease.
17
Q
Just to satisfy Mr. Cairns, number six
18 says Discussion of the Pathology of Patients Dying
19 with Asbestosis.
20
A
That's the one.
21
MR. PLACITELLA:
I'll have that
22
marked and offered at a separate time.
2 3
Q
Now, let's move away from the Konicide
24 Club.
25
You're familiar with an organization
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2 known as The Air Hygiene Foundation.
2 2 60
3
A Yes , l a m .
4
Q What is The Air Hygiene Foundation?
5
A
The Air Hygiene Foundation was a group of
6 primarily industrial -- industry sponsored that was
7 also dealing with the problem of dust diseases in
8 the 1930s.
9
Q
And when was The Air Hygiene Foundation
10 formed, what year?
11
A
It was formed -- it was incorporated in
12 1935 and was in the process of formation from 1934
13 through 1935.
14" -
Q
And do you know whether or- mot
15 Westinghouse was a founding member of the Industrial
16 Hygiene or Air Hygiene Foundation?
17
A
It appears in their first list of members,
18 yes .
19
Q
And am I correct -- and I'm not sure I
2 0 heard you say this -- the name changed over time?
2 1
A Yes.
22
Q
What did the name change to and when?
2 3
A In 1941 the name became The Industrial
24 Hygiene Foundation, and in 1968 the name became The
25 Industrial Health Foundation.
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2
Q
Now, from your research, can you tell what
3 the motivating force was behind the original
4 formation of The Air Hygiene Foundation?
5
A
Yes, I can.
6
Q
And what was that?
7
A
In the early 1930s, dust diseases were
8 considered the major industrial problem in the
9 United States. They were a big problem both because
10 they caused a lot of sickness to people, and because
11 the people who were getting sick were suing the
12 companies that they worked for, and those companies
13 were threatened with bankruptcy, and the insurance
14 companies that insured them were also being
15 threatened financially, so many of these, industries
16 believed that they needed to come together to
17 develop a way of dealing with what they called a
18 liability crisis. They believed that this was a
19 crisis for industry.
20
Q
And you say there were dust diseases.
2 1 What were the dust diseases specifically if you know
22 what they were concerned about.
23
A
The most important dust disease in the
24 early 1930s was silicosis, and next to that was
25 asbestosis, but there was a lot of fear that other
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2 dusts would also cause disease, although there
3 wasn't as much research about whether other dusts
4 would cause disease or not.
5
Q
Now, I'm going to show you a document
6 entitled The P r o b l e m , by Alfred C. Hirth. Could you
7 tell me what that is?
8
A
Alfred Hirth gave an address called The
9 Problem at an organizing meeting of what became The
10 Air Hygiene Foundation in -- on January 15, 1935.
11
Q
Where did you get this document from,
12 doctor?
13
A
This document I got from a colleague at
14 Carnegie' Mellon University, and he got' "it from' th'e
15 archives of Carnegie Mellon.
16
Q
It says on the side Carnegie Mellon
17 archives?
18
A
Y e s , it d o e s .
19
Q
Is this the a n d of document you would
2 0 normally rely upon in conducting historical
21 research?
2 2
A
Yes, it is.
2 3
Q
Who was Mr. Hirth, who did he work for?
24
A
Mr. Hirth was an attorney who worked for
25 Owens-Illinois Glass rompany, and he describes being
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2 faced with many lawsuits around the issue of dust
3 diseases.
4
Q
Essentially what we've just discussed
5 here .
6
A
Yes.
7
MR. PLACITELLA:
And I'll publish
8
this at some point in time later for the
9
jury, your Honor.
10
THE COURT: All right.
11
Q
Now, after The Industrial Hygiene
12 Foundation was formed -- not the original formation
13 but afterwards -- what was the stated purpose it
14 ga-ve to the publ'ic" aboutr what it was about?
~
15
A
The industrial -- at this time The Air
16 Hygiene Foundation talked about its concern for
17 conserving worker health, for advancing the field of
18 industrial hygiene, for just generally cooperating
19 among industry to deal with the problems of dust
20 diseases.
2 1
Q
I'm going to show you what I have marked
22 as P-IHF 574, a document entitled W h a t , Why and
2 3 W h e r e . Is that a document that you found in the
24 course of your research?
25
A
Y e s , it is .
LR
2 2 64
1
Markowitz - by Plaintiff - Direct
2
Q
And does this discuss what The Industrial
3 Hygiene or Air Hygiene Foundation's public face was,
4 so to speak?
5
A
Yes, it does.
6
Q
Now, you said that one of the things was
7 to conduct scientific studies and investigations and
8 to find ways to prevent occupational diseases, and
9 that's reflected in that document.
10
A
That's correct.
11
Q
Now, you're not saying to this jury there
12 is anything wrong with that, is there, doctor?
13
A
Absolutely not.
14" '
Q~ That's a good thing.
"
15
A
Yes.
16
Q
And did they in fact do that from what you
17 could tell?
18
A
They did in fact do research into dust
19 diseases. They did research in terms of preventing
2 0 dust diseases. They were definitely involved in
21 that activity.
22
Q
And, doctor, internally to the IHF and the
23 Air Hygiene Foundation, were there additional
24 purposes or agenda that were not emphasized to the
25 public?
LR
2 2 6 5
1
Markowitz - by Plaintiff - Direct
2
A
Yes, there were.
3
Q And what were they?
4
A
They were purposes that were not so much
5 emphasized because they were very concerned about
6 who was doing the research. They wanted to have
7 some kind of control over who was doing research
i]
l
8 because who was doing research had an effect on what
I
9 was getting out, what was being publicized and the
10 discussion of the whole subject of dust diseases.
11
They were also very -- the part that
j
12 wasn't emphasized so much was their concern about
|
i
13 legislation that would remove the danger of
14 liability suits for the industry.
!
15
Q
One of the functions internally was to
ji
16 help fight claims?
j
17
A
One of the the functions was to help to -
18 for industry to ban together to fight claims, yes.
19
Q
But they still did these good things
20 publicly, true?
2 1
A
They still did these good things, yes.
i
22
Q
Now, I want to show you what's been marked j
23 P-IHF 588 and 551. Could you tell me what these two
24 documents are and where you got them from?
25
A Yes.
LR
2 2 66
1
Markowitz - by Plaintiff - Direct
2
MR. PLACITELLA: I'll remark them
3
with the Court's stickers later.
4
THE COURT: You want to mark them
5
into evidence later?
6
MR. PLACITELLA: Yes, just to move
7
things along.
8
THE COURT: These will be deemed
9
marked.
10
A These are documents that were mailed to
11 prospective members of The Air Hygiene Foundation,,
12 and we found these in the national archives in the
13 records of the United States Public Health Service.
14
Q ' A n d t h e y are the documents that - - s o m e o f
15 the documents you relied upon for statements about
16 what was emphasized internally?
17
A That's correct.
18
Q
And lastly, I want to show you a document
19 with my marking, P-IHF 540, and if you can tell me
2 0 what that is.
2 1
A
This is a letter urging a company to join
22 The Air Hygiene Foundation. At this time it may
2 3 have been either The Air Hygiene Foundation or the
24 Industrial Hygiene Foundation because it's 1941, but
25 again urging membership.
LR
2267
1
Markowitz - by Plaintiff - Direct
2
Q
Now, I want to talk to you about
3 W e s t i n g h o u s e 's role specifically in terms of your
4 research, okay? What was -- we know they were a
5 member, correct? You said that before.
6
A
Yes .
7
Q
How long were they members?
8
A
They were members from 1937, is the first
9 document we have, until 1970, which is the last
10 recorded document that I have of their membership.
11
Q You stopped your research in 1970?
12
A Yes.
13
Q What do you have to do to become a member?
14
A You have t o pay "dues to _become a member.
15
Q
So if you're a company and you pay dues
16 you can become a member?
17
A
That's correct.
18
Q
Now, in addition to just being a member,
19 did they have any other role with respect to The
20
Industrial Hygiene Foundation?
2 1
A
Yes. A part of the -- of Westinghouse was
22 also on the board or trustees from 1937 to some
23 point, and then later i different member of
24 Westinghouse was also a member of the board of
25 trustees.
LR
2 2 68
1
Markowitz - by Plaintiff - Direct
2
Q
Did they have a medical committee?
3
A
The Air Hygiene Foundation had several
4 committees and a medical committee was one of them,
5 yes .
6
Q
Did Westinghouse have anybody on the
7 medical committee?
8
A
Yes, Westinghouse also had a member of the
9 medical committee.
10
Q
Did they have an engineering and
11 toxicology committee?
12
A
Those are two separate committees. They
13 had an engineering committee and a chemical and
I f "toxicological committee.
"
15
Q
Was Westinghouse a member of anyone of
16 those committees?
17
A
Yes, Westinghouse was a member of the
18 chemical and toxicological committee.
19
Q
And, doctor, where did you get that
20
information about their committee membership?
21
A
Going through the transactions of the
22 annual meetings, some of those transactions list the
23 membership of The Industrial Hygiene Foundation and
24 also the- officers and the members of the committees.
25
Q
Now, did you prepare a chart summarizing
LR
2 2 69
1
Markowitz - by Plaintiff - Direct
2 the various Westinghouse people who served on these
3 committees from the records you have?
4
A
Yes, I did.
5
Q
Did you have every record and every
6 transaction?
7
A
There were some -- I'm trying to remember
8 if any were missing from the library. I think we
9 had just about everyone.
10
Q
There were a couple of holes here and
11 there ?
12
A
There were holes primarily because in- some
13 of the transactions they didn't list the membership
14 in those years.
15
Q
Do you have that chart with you today,
16 doctor?
17
A
Yes, Ido.
18
Q
Could I see a copy of it, please?
19
MR. PLACITELLA:
Could I have this
2 0
marked, please?
2 1
THE COURT: The next one is 141.
22
(Received and marked Plaintiff's
23
Exhibit 141 in Evidence.)
24
Q . What's been marked Plaintiff's 141 for
25 identification, is that the chart that you prepared?
LR
227 0
1
Markowitz - by Plaintiff - Direct
2
A
That's correct.
3
Q
This is. In the center it indicates that
4 Lyle Hazlett was on the medical committee?
5
A
That's collect.
6
Q
And Mr. Dilworth was on the board of
7 trustees?
8
A
Yes, Joseph Dilworth.
9
Q
They worked for Westinghouse?
10
A
That's correct.
11
Q
And you then track it, the changes and
12 everything, going through to the '40s and into the
13
'50s .
14
A"' That's correct. "
'
"
15
Q And at some point Mr. Barnes from
16 Westinghouse starts to serve on the chemical and
17 toxicological committee?
18
A That's correct.
19
(Continued on next page.)
2 0
2 1
22
2 3
24
2 5
LR
!r: o '.'} i t z -
n n n n ,
>v P l a i n t i f f - d i r e c t .
> r e y o u O u t e r i n n ' 1n ^'/'J:3'C'`
<A: ~ j:r,, your " n il.
;us;
i.ne more rucie.
"t*V7
*
V,:;av.
I n n a a a x n , t n i .r. c h a r t q o e . s u p t o 1 9 7 p , i n o t h o t
onere /ou :roo?
h a t 1 ' c o r r
PR. -T,.\CT7"T.V:
o f f a r : r . e c n 3 r t i r. r. .
:-v m ence a c t ' TJ
nave no ooiPction.
''HE c o u n " : . a n ; i t i n e v i d e n c e , ; i e a c
(The r e p o r t e r :narKe<i the exnibit. )
o r o w , . n o d d i t i o n - r o ' . , > c t i n q n o u s e , t h e r e w<* r ? o t r
c o m p a n i e s ind o t n r r o r a a . m e a t i o n s t.nat v.-pro p e n c e rn of
ireanization, truer
"'h e r e w e r ? n o n v , m a n y h u n e r c u o f c o m o a n i or: t r a :
;ore neraoerr
f n d n t h err. ..a - / d o n t h e c o a r a o r t r u s t e e s one
other committees? "nat'i corre
o P o r i n s t a n c e , - a s J o h n s P a n v i i l e o n t h e s o a r '
\
vns, i t w a s .
now about Pwen ; Corninq r iberni ass?
Ravi s
n r . ''a r k o v / i t s - o y P l a i n t i f f - d i r e c t .
2272
1 i have to look it op.
' 703, it ',MC. p -79re people trot the Faranac laboratory on the ooara of trustees or hid they .serve in an advisory capacity
r, ;|t o n t h e I n d u s t r i a l H y g i e n e F o u n d a t i o n .
7 ;!
^
oemoer was on the medical committee i ion't
' ;j t h i n k t h a t t h e y w e r e o n t n e h o a r d o f t r u s t e e s . A t l e a s t n o t
h II i n t h e f i r s t y e a r .
i >J :
''h e r e w a s r
1 1 I! m a n a q e m e n t o f t h i s .
12 |
ho.
; |
1 3 1
D A n a w e r e tl
1 4 if o n t h e I n d u s t r i a l '? 1 1
15 1
A Yes, cher?
16
'Jhat, were
nay?
i\ F r o r a t h e U n i t e d F t a t e s P u b l i c H e a l t h S e r v i c e s , a n d
in f r o m t h e U n i t e d S t a t e s H u r e a u o f H i n e s .
70
0 Mere they tnere m their personal capacity or tneir
government capacity?
"1 *> j
a They were o n :n:, as individuals, they were not
n *5 I r e p r e s e n t i n g t h e g o v e r n m e n t .
*. -a \
(i
24 j
0 n o w , was anvsoav m e r e from the Department of
.J h a i a o r ?
U. C. Davis
1
i
1 1!
nr. Markowitz - by Plaintiff - direct.
2273
n |
A v'o , t h e r e w a s n o o n e m f r o m t h e D e p a r t m e n t o f
3 ij T a b o r .
4 :S
U Tell, this organization was partly about Laborers,
5 i! w a s n ' t i t ?
5 i
A It was about publicly conserving the health of
7 ' laborers, yes.
2 ;
0 And why wasn't there anybody from the Department of
'? 1 U a b o r ?
Cl
A There was a real difference and split almost
11 : between the Department, U n ited States Department of Tabor an
12 ! the United States Public Health Services. The United States
^
13 i Department of Labor saw its role much more actively as
` "
14 1 defending the rights of workers and protecting their neaith.
1 5 1; T h e U n i t e d S t a t e s P u b l i c H e a l t h S e r v i c e s s a w i t s e l f a s a
1 ( 3 ii n e u t r a l s c i e n t i f i c a g e n c y , a n d o n e t h a t c o n d u c t e d a l o t o f
17 ' researcn, did a lot of studies, and it needed the
CH O
cooperation of industry in order to conduct those studies.
19 It couldn't just go into a plant and survey the workers or
20 survey conditions, it had to go to the management and ask
21 for their p e r m i s s i o n to go into the plant. And w h e n r.nev
~ A. d i d t h a t , t h e y t h e n c o u l d g e t p e r m i s s i o n . S o , i t w a s r e a l l y
23 in their interest to stay on good terms with industry.
24
0 They couldn't do their job without at least going
25 into the plant without industry's permission?
H. C. Davis
'r. d a r k o w i t z
by Plaintiff
direc
2274
A That's correct.
" Tow, c o u l d y o u csi 1 to e jury, r 'n a i m o o t .ions,
could you tell the jury what cervices were provided by the
M r :Ty g i e n e F o u n d a t i o n i n t h e i n d u s t r y , a n d m e n t h e
i n d u s t r i a l T y g i e n c e F o u n d a t i o n to their m e m b e r s , what did it
Jo tor its members?
A `f e l l , a s a g e n e r a l s e r v i c e , i t d i d r e s e a r c h a b o u t
p r o c edures, which they thought would be a benefit for ail
the Member nsmbers at a wnoLa. In addition, thev did
s u r v e y s o r s p e c i f i c s l a n t s . t o l d t h e m a n a g e m e n t '..'hat was;
wrong in those plants, and tney said that those surveys
would be confidential, it least at first, and that the
owners of the plants could use them both to improve nealth,
as well is to be used m Lawsuits in d e fending t h emselves
against Lawsuits. They also published a digest of
industrial health in which they did summaries of hundred of
articles every year. "'hey p u b l i s h e d this diaest once a
month and sent that to ail the members.
O
noctor, before you continue, I want to have tnis
o a r red.
(The reporter narked the exnioits. )
iR. ? L A C T T " ' . L . \ : A t t h i s p o i n t I ' d l i k e t o
o u b l i . c n o r e n o w zo t h e j u r y , T t h i n k w e h a v e a
s t i m u l a t i o n o n '" . h i s , t h i s i s a c o m p e n d i u m o f a . i
i . bavis
m s :: S i a m a r ; o o : e n t ; u r b v t h e T " F t o ; c s - e m o e r on asbestos :na disease from 1137 forwarn. ' out uo the front, paqe so you can ee.
Z d o n 't chink it c o m e s out. C ouid I just, pass it around, vour donor for one second, so they c o u l d see wha t Lc l o oks like?
IMS COURT: Yes. (The exhibit nuraoer 142 nacsso around to cns jurors.)
T'!E COURT: \re we ready?
THE OFFICER: dot puitP, Judge. THE COURT: Okay. Y R . R L A C I T E L L A : " ow , t h e o c h e r t h i n g m a t w e 'vs d o n e for m e j c r y ' s help, ic b e c a u s e t h e s e aren't necessarily in chronological order the way they were produced from the Industrial hygiene F o u n d a t i o n , we c r e a t e d a c h a r t and a Key, w n v c h ic simply a retype of the year and the date of the article, in case you need to look at it in the juryroom. I'll just out uo a couple of pages. The chart begins m the year 1912, ana it details the year the a r t i c L e war. p u b l i s h e d , the name of the s u m m a r y a n d t-i? s p e c i f i c p a g e in t h i s g r o u p w h e r e it c a n
r.7
Oavi 3
i
i
i
i
i i
D r . ''a r k o w i t z - b y P l a i n t i f f - d i r e c t .
2 2 7 C- '
`
|
be found. Mou'll have that in the jury room witn j
i
you. !t g o e s to 1032, all tne w a y ,;own, I 'd up no |
1
page five, it goes uo to page 33. To, " l l just j
atop. 33 the last date is 1977.
r. i '
Q Dow Dr. Markowitz, I only have a couole more
-? '! q u e s t i o n s . T h e s e a b s t r a c t i o n , y o u n e v e r p e r s o n a l l y r e a c t t o e |
f> ;I a b s t r a c t , d i d y o u ?
n I
A MO.
10 '
a The abstracts nnat were published, now often wouis
1 1 i; t h e y b e p u b l i s h e d f o r t h e m e m b e r s o f t h e I n d u s t r i a l H y g i e n e
12 ! foundation beginning in 1937?
^
1 3 'i
A They were published every month.
--
~*t
14
Q Ana for biq comc3nies, how many copies of these
i s :! t h i n g s w o u l d t h e y g e t ?
i
15 !
A The largest companies would get 20 copies of the
|
1> d i g e s t e a c h m o n t h .
10 i
0 Every month? Assume for instance, that from 1937
until 1984, testinghouse was a member, they would get copies
20 of the diqest of medical articles, not necessarily only
2 1 03b e s t O 3 , f r o m 1 9 3 7 o n a m o n t h l y b a s i s r i g h t u p t o 1 9 8 4 ? i1
22
A T h a t 's correct.
23
MR. PLACITELLA: T h a t 's all the questions I j
24
have. ThanK you.
25
MR. CAIRMS: Tour Honor.
u. C. Davis
r. :' a c i i o w i c 2 - o v P l a i n t i f f - d i r e c t .
-iC
e x p e c t c h a t the plaintiff'.; a t t o r n e y s will .,uvo
c a u s e t o b e P l a c e d I n t::e f i l e a s t i p u l a t i o n :i
iipeontinuance. MR. PLACITELLA: Absolutely. M R . M E E 3 E : A n d a l s o , y o u r H o n o r , ` w e n a
Corning Fiberglass nas pending a direct vercuct potion in the hmith and the Chiarenza canes. O w e n s C o r n i n g F i b e r g l a s s r e a l i z e s that t h i s F o u r h a s b r o a d d i s c r e t i o n a s to those c a s e s a n a s t a i n t h e e v i d e n c e m t h o s e c a s e s , a n d t h e r e f o r e , i n *s o i r i t of comDroraise# w e h a v e p a i d p o n i e s o n t o o cases and withdraw our potions. And would Lite
t h 3n k t h e C o u r t f o r i t s c o u r t e s i e s i n t h e s e
patters.
THE COURT;
Thank you.
'T e ' l i p a r k t h e m
withdrawn. (In the courtroom.) T H E C O U R T ; You can b r i n g in the "jury.
THE OFFICER: Jury enterinq. THE COURT: M l right members of the jury,
before the cross-examination, just a few thinns want to acquaint you with. These ate things y; s h o u l d k n o w ae u u s time. O w e n s C o r n i n g Fiberglass u no longer 3 defendant in the five
y. C. o a v i s
5
Q h ' 10
11
12 !!
1 3 !>
14
1 5 ii 1 6 i. 17
10 I!
i f ) i!
20 l| i
ii
21 I; 22 I
23 I
24 l|
2 5 |I
Ii
Or. Markowitz - by Plaintiff - direct.
2201
c a s e s the five T i l e n t z cases, that is from Mr.
Placitslla, Mr. Ortiz* office. That is Maltese,
Gtaione, Jenkins, Smith and Chiarenza. The
defendants in that case remain, Maltese ana
Stalone, 'Jestinghouse, Xeasby, Xene, Standard of
`l e w Y o r k . I n t h e o t h e r t h r e e c a s e s , X e a s b y , K e e n e
and Jenkins, KeasDy, Keene, Standard of Mew York.
Smith, Keasby, Keene, Standard of Mew York,
Chiarenza, Keasby and Mario and Di Dona.
So, Owens C o r n i n g Fibe r g l a s s i3 no longer in
those cases. They are still involved in the cases
of the four cases with Mr. Kristal's office, that
is Tribulski,. Parkinson, Lotker and Vazlely.
Garivek i3 no longer a defendant in the cases that
they were originally involved. They're out of the
case.
Asbestospray, they were represented by Miss
Svans, she's no longer here because she's no
longer, her client is no longer a defendant m the
c a s e . T h a t w a 3 i n t h e K e l n e r c a s e , r e p r e s e n t e d by
Jeitz and Luxenberg.
MR. ROBERTS: Je're Gregory, your Honor.
THE COURT: I'm sorry, one of the Gregor ten.
So that in the five cases represented by Mr.
H. C. Davis
1 !
nr. Markowitz - by Plaintiff - cross (Cairns)
7202
Roberts, the only defendant is the Xeene
i 'i
C o r p o r a t i o n . r 7 e 1 11 g i v e y o u t h i s a g a i n of c o u r s e
a i.
i n m o r e d e t a i l . C u t , I w a n t i t t o b e k n o w n n o w if
certain of the attorneys don't cross examine
M 11
c e r t a i n w i t n e s s e s , i t ' s , i t m a y b e b e c a u s e they*re
7 :ii
no onger involved in the defenses of the cases.
R S!
You're not to speculate on the reason they're no
longer involved in the cases.
1C
All right, you may go ahead.
11 C R O S S E X A M I N A T I O N
3Y M R . C A I R N S
1 3 !!
MR. CAIRNS: Thank you, your Honor.
14 i
o Mr. Markowitz, r'm Scott Cairn3 and I represent
' i
1 5 ii N e s t i n g h o u s e . I d o n ' t t m n x w e ' v e m e t o r s p o k e n b e f o r e ,
15 ij h a v e w e ?
17
A No, we haven't.
IS \
q Although I took a break to try and pair down my
19 cross-examination, so we should be out of here pretty
20 q u i c k l y .
A Good.
22 !
0 I don't believe that either of the books that
I
I
23 i
y o u 'v e
written,
or
I
think
this
is
o
compilation
of
i
24 I a r t i c l e s .
75
A. e d i t e d , e i g h t .
!. C. D a v i s
Or. :'a r k o v i t z - o y 'lair.tiff - e r o s o f U a i r n c )
:2":
^ "5 o o o n ' t m e n t i o n ' ' e s t n g n o u c e , n e i t o o r o n e ?
2
-".on*t cacai i m a t s.oey ;o,
n 7 n e t n i n o T w a s w a r n o e a b o u t : w h e t h e r m y :;oa,;.: ire ovprcius, ina they are not.
THE COURT: That are you doing using the "ow Yors Public Library?
Me gave him special permission.
??f>. tRMC.
o v e r r i e r u i s i n \'e 'i Y o r k
:?ar
n -ou startea off talking nnout U o m c i d e Cluo, and r van; no s t a r t w i t h that. M o w d o you still T o n icicle. Okay. I tnink you said that *s a c o m b i n a t i o n of 3 Latin /ora, and a M r s e k w o r k , b o n i , a n d 1 .: t h e , r e f e r s t o d u s t ,
o n e u m o c o m o o i s , that sort of thing.
i a
A That's right.
Ji. "/J
0 ina the side mart is tne, is w here vou get siiior,
in r ' s t h a t c o r r e c t ?
1n !
A That's correct.
20 IS
0 Me see that, in other worda, that we use every day.
21 ii ' i k e i n s e c t i c i d e , v s t h a t t h e s a m e s o r t o f c h i n q ?
no !i w ||
\ R i g h t .
JO
n L e t ' s see it r c a n c o e l 1 this. i n s e c t i c i d e . :
u s e d t o b e :i t e a c h e r , m a t . t e a m : t h a t m e a n o 7 n a v e r e a l m
bad handwriting. low about m a t r i c i d e , would that be toe
C. P a v i e
I :i
? r . Harkowi c z - .ay "' I c u n c i f f - c r o s s i C a i m u )
: 1 a t n e o 11 . u c n i n y '.' n s r o / o u c o c a o i n e s o m e v o r r i s ?
' "'r Homicide,
' ;
r -Tow about herbicide, m tnat another '>ne of 'mom
: ;ordn r.aat is a comoination, uses the raw* unci no?
a !i
A T assume, T nave not Looked up cnooe words
7 :pec if icaliy, ~ Look ad up vomcioe.
? :
? Tkay. Tncecticiue mean ^craething -our
i! ! n r ? c t n , o o e s n ' t i t ?
"' h u t ; ;; t h e m n ^ r . i i . n c e r n t u n c i no ;t
*>t or
11 ; rrent.
1 ^"> 1 ;
o
X
I t ' s n o t k i.1 1 ? r m a s e t a , x a i t ?
i^ ^_J !1!1
A H o , it is not.
1*1
0 flatricide is loneoody m v/nere you kiil your
1~ 1 n o t n e r , r i g h t ?
i'"> :
A T h a t `a r ignt.
1 -t7 n r h 3 1 1 z n o t ' - s i l l e r n o c h e r s , m i t ?
ir i
3, T h a t ` a c o r r e c t .
1? !
n Herbicide m m n e t n i n g you nut on plante to ki ;
:.o ! chain, r l g n t ? 1
21 1
A That's correct.
-> ? i
n It's not killer niante, is it?
33
* Ho, it it sue.
:* 1
0 Ho, wouldn't vou agree with ne that conintent
~5 ; chase 3 e t i o l o g i e s , that m a t H o m c i d e ne ans io kill the
C. o a v m
hr. "srKOwit;: - by Plaintiff - cross (Cairns)
1335
o u s t o r g e c ' i d o r m e d u s t , n o t w i l i e r b u s t ?
} ,
A ' , T ao n ` t c n i n k m a t f r o m t h e , c r a m t n e h i s t o r v o f
s h e s t u d i e s , us v / e i i u s my u n d e r s t a n d i n g i n r o o k i n g a t t n e
e t i o l o g y of U o m c i d e , t h a t t h a t is t h e i n t e r p r e t a t i o n t h a t Z
i would give to that word.
0 You never interviewed anyone from the Konicide .\ C l u b , d i d y o u ?
Mo, T did not.
> n
c ,\nd :n d o i n g /our r e s e a r c h , y o u n e v e r i n t e r v i e w e d
11 anyone from the Industrial Uygience foundation or tne in ! industrial Health Foundation, did you?
^
13
A Mo, I did not.
1 *. i
0 Okay. Killer slants, right? Okay. How, the
15 i individual who st a r t e d the K o m c i d e C l u b or got everything
15 : organised, was Philip nr inker; isn't that correct.
17
A He was the o r a a m z e r , yes.
i n i
Q And who wan Philip Drinker.
1 5 li
A Phiiip Drin<er was a professor of engineering at
20 ! i
Havara University.
21
0 And are you familiar vitn a 3tudy called the
22 j ? iber-n rinker study?
23
A Ho, I'm sorry, T 'm not.
-- *I
n m d in fact, is oart of the K o m c i d e Club, m e r e
23 | were members of tne h u m u of lines, as well; is that right? 1
M. C. D a v i
' a r x o w i t b y P l a i n t i f f e r o s : ; v'Cairns)
::2"G
A In the '-Coincide Club, y e s , m e r e were.
0 That1a a governmental organization. A Yes, it is.
n right?
And memDers of the Public Sealtn Services; is that
A That's correct.
Q 'low, a r o u n d the 1935 t i m e f r a m e w e t r a n s i t i o n e d
f r o m t h e C o n i c i d s C l u b o v e r i n t o t h e I n d u s t r i a l T,y g i e n e
" o u a d a t i o n or the Air hygiene foundation; is that n o n e ?
A well the S o m c i d o Clubcontinues to exist, the
"onicide Club continues until 1939 and simultaneously the M r hygiene F o undation is formed.
0 Okay. One of the events that sort of end this
transition period was in 1935 Silicosis Conference, are you familiar with that?
A Yes, Conference.
it was called the Mational Silicosis
0 And I think you mentioned that you relied on this
article of the Konicide Club in your research? A That's correct.
0 And this article indicates that that conference
m f a c t w s o n s o r e r i o y V i s e P e r k i n s w h o w a s t h e S e c r e t a r y -.1 tabor; isn't that correct?
1 Che was formally, yes, as the Secretary of ta o o r ,
n
Oavis
">r. " a r k o w i t z - o v P l a i n t i f f - c r o s s ( C a i r n s )
:287
s n e w a s f o r m e r i y t.ne t h e c o n v e n e r of t h e c o n f e r e n c e . " b o w , o n c e v/e y e t --
C a t m e b a c k ud t c a n o t h e r s u b j e c t . 7 o u ' r e n o w talking about m e Industrial Hygiene Foundation, you -sowed
us the chart indicating that 'Jestmghouse became a memoer in 1937; isn't, that right?
.\ T h a t ' s c o r r e c t .
MR. PLACTTELLA: dot a m e m o e r , cney were on
the boars of trustees, we didn't do memoersnip.
THE COURT: naiaon?
U R . P L A C I T E L L A : '7 e d i d n ' t s n o w m e m b e r s n i p charts yet.
` MR. C A I R N S : All right, T *11 back up.
o In fact, :/estingnouse became a member in 1937,
didn't they?
I I t h i n k i t a i d , y e s .
0 Right. So cney would not have been a founding
member since this organization started in 1935, correct?
^ T, th e e a r l i e s t m e m b e r s h i p l i s t th a t T h a v e , their
l i s t m e m b e r s i s i n 1 9 3 7 , A p r i l 1 , 1937.
Q
Jell, among m e documents that you reviewed were
m n e * - r.f - ' ' T ' f i t r i a l H y g i e n e f o u n d a t i o n , w e r e n ' t
rney.
& ""hat's correct.
:i. c. d a v i s
1
i
1 !I;l1
C"
"TM* S
V * 4. 0 W W ^ 3 ^ 1 ^ L l i J
ji li.
i 7 * . n d s o m e o f t h o s e u a d m e m o e r o m p i - . : : : ; , ; \-..-.t i
*1 11
7. Y e s , ? a n v o f t n e n h a v e t e n o e r o h i p L i.;,ts.
*7 - 1'1 t h e y ?
A n d s o m e o f their, i n d i c a t e d w h e n t h e y j o i n e d . s 1 d n 11
5 !
\ Y o u m e a n in t h e r e -- r ' m s o r r y , t h e r e a r e a lev;
7; lists that are f r o m .1963, '79, '70, a r o u n d then in w n i c n
1r., 1||1 t h e y g i v e a L i n t o f w h e n c o m p a n i e s j o i n e d , t h a t 1 1 c o r r e c t .
n i
7 "> i g h t . * n d i n f a c t y o u ' r e v e r y f a m i l i a r w i t h
L If 7 V * ' * * , a w i o a s i v , b e c a u s e t h e r e is a 1 3 1 9 a n n u a l r e p o r t r
U ; looking at.
12
A Yes.
--
1 3 !i
0 A n d t h i s i n d i c a t e s t h a t 'e s t i n g h o u s e E l e c t r i c
'
14 il C o r p o r a t i o n j o i n e d t h e . T n d u s t r i a l h y g i e n e F o u n d a t i o n i n
1 5 I 1 3 3 7 . Y o u d o n ' t q u a r r e l w i t h t h a t , via y o u ?
lu 1
A T h a v e n o w a y of k n o w i n g i f t h a t ' s t r u e o r n o t . '
17 j u s t , t h e e a r l i e s t d o c u m e n t T h a d w a s f r o m 1 9 3 7 .
i1 <nJ ii
d Cow, we talked a little bit about the m e m o e r s m p of
i
1 9 i t n e A i r h y g i e n e F o u n d a t i o n , - w h i c h w a s t h e e a r l i e s t n a m e o f i!
2 0 1i t h i s o r g a n i z a t i o n ?
!
1
21
A T h a t 's correct.
;
I
22 |
? A n d t h e r e w e r e , i n o n e o f t h e d o c u m e n t s v*o u L o o k ? a i
1l
2 3 i it w a s , t h e d o c u m e n t A74, T H F . " > n t h i s d o c u m e n t s o n w n y . :
24 II where, wnen; is shat right?
25 ;
A Fight.
:
|
d1. C . r'' $a vv ii :s
1
i
1 1
Dr. -'arkowics - by Plaintiff - cress (Cairns)
2229
! i
'A '!
o And that indicates that, for example, that A c
~ 'i1
rteel Corporation was a member, right?
t ,
A r w o u l d h a v e t o l o o k a t t n e d o c u m e n t t o r e f r e s h my
memory.
\' 'i
MR. 0GE3E: May I approach the witness?
THE CDURT: Yes.
:i:
MR. P L A CTTGLLA: Judge, if it will move things along, 7 '11 s t ipulate wnoever is on that
i
i
n_/
n e m b e r s m o list :s a mem b e r , i t 's h u n d r e d s or two
i>* a1 :
thousand members.
.12 i
0 In fact, they're tne board of trustees, right?
1 3 i
A That's correct.
-------
'
1 *
X't
n!
Q And someone from the U.S. Bureau of Mines is on the
15
1 ;l
board
of
trustees
as
well?
ii
Jm. ^
i:i
A That's correct.
17
Q Y o u m e n t i o n e d t h e y w e r e t h e r e p e r s o n a l l y , n o t in
1 C !' t h e i r o f f i c i a l c a p a c i t y . Y o u n e v e r s p o k e t o t h e m t o f i n d
19 1 that out, did you?
20
A MO.
21
Q You just made that assumption, haven't you.
22 j
A Yes. As far 33 I know, there was no official
/ --> g o v e r n m e n t p a r t i c i p a t i o n i n t e r m s o f d u e s p a y i n g m e m b e r s
^
2 4 1i u n t i l t h e 1 5 4 0 ' s . C o , m t h e 1 9 4 0 ' s t h e g o v e r n m e n t b e g a n t o
25 s p a r t i c i p a t e o f f i c i a l l y . " h e r e w a s a c a t a g o r y o f a s s o c i a t e
M. C. D a v i s
1 I
Dr. .Markowitz - bv Plaintiff - cross (Cairns)
:Z2 0 0
' [
2 :! m e m b e r s . : t w a s s o m e c a t a a o r y l i k e t h a a t o f a s s o c i a t e
members.
4
O Dow, you mentioned on the medical committee
5 M e etinghouse served throughout on different years; is tnat
5 ;i c o r r e c t ?
7 !
A As far as I rememoer, it w a s n 't throughout.
3 ::
n occasionally? On and off?
3 !'
A For many of those years, yes.
10
0 And otner memoers mcluded a doctor from Fell
11 T e l e p h o n e Company, right? Is that what that is?
12 i
A Y e s , R. R. J o n e s , yes.
1 3 !i
q Oka y . A n d a l s o i d o c t o r f r o m t h e U. S. P u b l i c
14 T D e a l t h Services was on tne medical committee; is that
1 5 :i c o r r e c t ?
.1 O ii
A That's correct.
17
Q A n d t h e U. C. P u b l i c H e a l t h S e r v i c e s is t h e
13 o r g a n i z a t i o n t h a t ' s h e a d e d b y t h e S u r g e o n G e n e r a l o f t h e
19 U n i t e d S t a t e s ?
A That's correct.
0 And are you familiarthat that isactually a, the
n > 11 f i s t u n i f o r m e d b r a n c h o f * n e s e r v i c e s ?
A I have heard tnat.
24 H
Q DKay. I had never known that until recently. it's
2 5 ,i k i n d o f i n t e r e s t i n g .
'!. C. Davis
j
Dr. "arkowitz - by Plaintiff - cross (Cairns)
2291 !
okay then, we've not on there preventive
engineering committee, again Philip Drinker from the Harvard j
4 !| s c h o o l o f P u b l i c H e a l t h ; i s t h a t r i g h t ?
;
r- ,ii
3 :|
A ''"hat's c o r r e c t .
;
4 ||
0 A n d a m e m b e r of t h e t h e U. S. P u o l i c H e a l t h
7 ! Services, right here; is that right?
OU 11
A Yes, that'3 correct.
0 !
0 And now tnis is, Mr., Mr. or M3. Hatch?
1C
\ Sight. Mr. Match.
11 1
0 From the Division of Industrial Hygiene of the
12 i Ftate department of labor; is that eight?
--
13 1
A I think for a short time he was, he worked for tne
' "
14 1 Mew York State Department of Labor, he had been at Harvard
15 i prior to that, and snortly he joined the staff of the Air
15 i Hygiene Foundation of America.
17 i
0 M l right. But at t h i s p o i n t in 1938, he is a
13 ; member of the Department of Labor? Is that correct?
19
A That's correct.
20
0 And then down on the membership committee we nave
21 people Like someone from the Chamber of Commerce in Los
22 Angelas; is that right?
23
A That's correct.
24
0 And over in the-- Lot's see what else if we've qoe
25 anything different here. Among the members, you have oeonie
H. C. D a v i s
Or. 'iarkowitz - by Plaintiff - cross (Cairns)
2292
like the American Automobile Manufacturers Association? Is
that riqnt?
A Yes.
0 r e s e e U . S . S t e e l a g a i n . O k a y . S o , t h e r e a r e a
lot of different groups represented on this foundation,
wouldn't you agree?
That's correct.
o Sow you mentioned that members of the Industrial
hygiene or lieaitn foundation or the Air hygiene Foundation
got copies of these materials, right?
A That's correct. Q Okay. And companies like OCF or Westinghouse would
have gotten copies of these each month, right?
I'm sorry, I don't <now what OCF means.
r\ I t d o e s n ' t m a t t e r , W e s t i n g h o u s e .
\ Yes.
n We would have gotten copies of these articles?
A That's correct.
0 That would include, for example, in 1946 a document called abstract tor a nealth survey of pipe covering which
appear.*: on page 6 9?
A T would presume so. I d o n 't have any direct
know Ledge of that article.
0 Out you nave as much knowledge about that as *mu do
r. C. OJavVi1s5
hr. '' a r K o w i c s - b y P l a i n t i f f - c r o s s (Cai r n s J
3 233
i n v M : : : : o t h e r s , r >. c r . t ? ' . ' o u recciive it?
A That's correct.
t sonic assume tney would
0 M i right. As part of the normal course?
\ T'h a t * : ' c o r r e c t . I m e a n T h a v e n ' t p r e p a r e d t h i s
lieu,
T don't snow what you know, if there were mistakes
made or vnatsver.
r*:R.
-.uestion
PLACITELLA: Judge, I think the proper .ie e v e r t e e n t h e d o c u m e n t b e f o r e .
Q Is i t L i k e i y h e w o u l d r e c e i v e t h a t , t h a t a n y o n e
1_ |i / o u i d r e c e i v e - a n y o n e o f t h e s e a s a n y o t h e r , c o r r e c t ?
L
1 J
14 i "
A Presuming the titles of all those are correct, yes. o ' '' A n d !!r. P l a c i t e i l a a s k e d y o u w h e t h e r y o u ' r e o e i n q
paid to be here today, and I assume that you are?
16 1
\ Yes, I am.
17 '
r\ A n d a s I u n a e r s t a n d i c , y o u c r o t e i s 5 2 5 0 o n r i o u r ?
1C i
A T h a t 's right.
19
n Or a minimum of $2,000 an hour. excuse me, $2,QC0
20 day?
21
.\ T o , t h a t i s n o t c o r r e c t . T f I w o r k e i g h t h o u r s , T
22 would get $2,COO.
23
0 nkay. Out you normally have a minimum fee, don't
24 you? That would involve coming for the whole day?
25
A To, T do not.
y . C. b a v i n
:a r K o w i
by Plaintiff
ecu rect
2205
P L A C I 7 E L L A : T h a v e a f e w -'.uestion.'.
e p t p s c t ' x a ! ; : ':a t : p :;
'PACT7 ELLA:
t '' h e r e i s n o t h i n g w r o n g w i t h b e i n g a m e m b e r o f t h e
i n dustrial hygiene Fou n d a t i o n , is there d o c t o r ?
L do, cnere it nothing wrong with being a m e m o e r . Q T h e r e w e r e s o m e o o o d c o m p a n i e s m t h e r e t o o , rignt?
T, t h e r e w e r e .ike, i n d i v i d u a l s , g o o d , bad,
indifferent.
P ZZ y o u j o i n a n o r g a n i z a t i o n t o l e a r n a b o u t t h e
dangers of a specific liicease, that's a goods thing, right?
A Absolutely.
0 O k a y . 'l o w , d r . C a i r n s a s x e d y o u a b o u t t h e m e d i c a l
c o m m i t t e e , T 'n on that ,;ame year, are you aware in the
ommi ttees that same year was the .Saranac Laboratories?
A This is 19-- n 1 9 3 7 . '' 'h e y e a r t n e y j o i n e d .
A 1937?
O Right, the year they joined.
.V T h e ' 1 1 6 0 1 0 0 1 c o m m i t t e e , / e s . S a r a n a c L a b o r a t o r i e s ,
oroy On rdener is on.
(Transcript continued on the next page.)
M
D3VI 3
or. C a r k o w i e s - b y P l a i n t i f f - c r o n s ( C a i r n s )
2294
UR. '-LACTTELLA: Can we clarify what we mean
oy minimum fee. 7 son't .mow v/nat he 'n taLking
about.
TIE COURT:
excuse me?
UR. PLACITELLA: Can he clarify v/hat he means
oy minimum fee.
THE COURT: Por coming to court, you're calking scout?
' Co, /car f?<? .'uu lu be 5250 an nour or 52,000 if
vou're n?re for the wnoie cay?
A
That's correct.
n All right. And vou also charge for the research
;ervi cer> y o u do, r i g h t ?
'aif tnat a m o u n t for research.
n O r f o r 'j o m q - o -i n p o s i t i o n s ?
A It's the same an trial.
Tame as trial? : think you've been working with
- r1 P1 I 1 ^ 4 c i t e l l a f o r i t o u t 1 8 m o n t h s n o w ; i s t h a t r i g n t ? *r^ : : e o , 7 t h i n k - -
n A y e a r a n a a .J i k .
A T t h i n k i t ` :. ' ' - t r y i n g t o r e m e m o e r w h e t h e r , T *. t m n k i t ' s t ; . a t . o m o , ~ d o n 1 1 r e c a l l . P r e c i s e l y .
n Thanx you.
UR. CAI : ' don't have any other questions.
Jf"
/
4. a
f ^ / Y
a t d .
r ..
` ' f i y , K * ^ .
;V 7 7 o
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