(Q) If the defendants do not propose settlement, should
[
257]'s lawyers propose it?
(A) As has been given, you either have a case or you haven't
a case. Then if you have the case, which as we have given
you HAVE - if all the conditions are considered, do not
jeopardize same in any way. Because, to be sure, there will
be presented the very fact that there has been (and there
will be witnesses to prove same) the attempt of [
257] to
approach others, even since then, to try and sell the
business. And this will be attempted to be set as an
indication that [
257] himself does not feel that he already
has a commission in the case. Yet this should have nothing
to do with the conditions but all of these must be met with
the whys and wherefores, even by those who have proposed to
[
257], who are of the defense and a portion of same or
representative of same, WHY such was done.
(Q) If the action is settled, will it be before, during, or
after trial?
(A) This depends upon circumstances. But as we find, the
conditions will be as has been indicated. If they are not
able to have it set aside, with their presentation at first,
there will be asked for time for individuals and during that
time the propositions will be made.
Then whether it's before or during or how, depends upon
circumstance.
(Q) For what amount should [
257] settle?
(A) We haven't changed from that as has been given. At
least be for himself as an individual seven hundred and fifty
thousand.
(Q) Are there any obstacles in the way of a settlement?
(A) There are no obstacles in the way as we find, for even
as to this, some of these have agreed to that; yet as has
been given for [
257], there must be the consideration of
all the attorneys' fees, all the expenses that each and every
individual has had associated with same, and these must be
taken care of.
(Q) Is the data which we are taking with us to St. Louis
complete?
(A) As has been indicated, the only thing that we find,
there should be more complete data as to the actual
transaction, which as we find is through those individuals
through which there has been given that. Greater
consideration should be given as to their testimony - Lande!
(Q) What should [
257]'s attorneys do in further preparation
for trial?
(A) Only that as has been indicated.
(Q) What should Lande now add to the situation himself to
complete this?
(A) Either in person be present or the full and complete
data. [Through his assistant, Harry Baum.] Of course, the
more preferable is to be present.
(Q) Is there anything to prevent him from being present now?
(A) Only his own physical condition.
This, of course, may be changed or it may be altered; but
these are individual problems and not in here.
(Q) When should the lawyers go to St. Louis for the trial?
(A) At least a day or two days before the actual call of the
case.
(Q) Should Lande and [
257] go to Kansas City right away to
see Reed?
(A) Best is to have Reed meet them in St. Louis!
(Q) When?
(A) 5th to 6th of December.
(Q) Are the St. Louis attorneys fully prepared for trial?
(A) They are prepared to delay if possible. That's their
greater preparation. For they scarcely know all that is to
be presented.
(Q) Will two days before the trial give them enough time to
prepare?
(A) Two should be sufficient with the data they have.
(Q) Should [
257]'s trial counsel in St. Louis be given full
discretion and latitude, or should his N.Y. attorneys insist
upon adoption of their suggestions and advice?
(A) So long as these are in accord with rules and
regulations in Missouri commonwealth, then these are all
correct. But as has been indicated from the beginning, the
considerations from ALL are going to be as to what Jim Reed
does about it!
(Q) Will he personally conduct the case?
(A) He may be induced to, but he has left a great deal of it
rather for prestige and name than for personal interest, and
this may be somewhat insisted upon.
(Q) If the Judge requires [
257] to elect upon which cause of
action he will proceed, upon what theory should the case be
tried?
(A) That it was entered into in all good faith, the complete
- and those activities, and the giving of the contract or
agreement that is there, not as a sale but the buyer.
Present it! This completes [
257]'s interests.
(Q) What reason should [
257] give for attempting to sell the
business the second time?
(A) Friendship for the defendant, or portion of same.
(Q) How long will the trial last?
(A) How long is tomorrow? Would depend entirely upon what
is moved in the first presentation, and as to how many days
there may be for certain individual witnesses to be brought
into court, or into those where they maybe interviewed by
either side, or as to how soon the attorneys on either side
- and it will not be an attorney, as we find, that is in the
legal status of the case, that will present the compromise.
As we would expect, there is still to be a compromise and a
compromise will be made or attempted to be made on this -
that there will be, or agreement that there will be so much
given to [
257] PROVIDED he will wait for such a long
distribution or within such a time will again try to sell or
sell the business. And these are mighty hard propositions,
and the lawyers will never see it!
(Q) What should [
257] say about it?
(A) Depends on how much faith [
257] has in himself and those
connected or that may be prospective buyers. We would not
accept it in that way, because if they get to that portion of
it then he will get at least his pro-rata of that as has been
indicated.
(Q) Will [
257] be permitted to testify concerning the
conversation with Edwin Grove, Jr.?
(A) It can be insisted upon, especially by Lande to verify
his statements that he would make concerning same.
(Q) Will Lande be permitted to testify?
(A) Without it you haven't much case!
(Q) Is Holliday ready to testify?
(A) Ready to testify and not ready to testify, for he is one
of the factors that wants to settle some other way.
(Q) When will he arrive from England?
(A) This will be rather as has been, held in readiness.
He's been kept out on purpose and may be brought back on
purpose, see?
(Q) Anyone else coming back with him?
(A) We are getting a long way from St. Louis! Which do you
want to know, about St. Louis or the minds of these men?
St. Louis.
(Q) Should we expect any surprise witnesses for the defense?
(A) There may be the attempt of some that are outside, but
these may be quickly settled as only hearsays, not knowing.
(Q) How many witnesses will the defendant produce and who
will they be?
(A) About three. Holliday, Orr, Seely.
(Q) What witnesses should testify for [
257]?
(A) The principal, to be sure, is Lande, and [
257], and the
presenting of those that drew the contracts and agreements,
and where they were held.
(Q) What is best manner to prepare to meet evidence which
defendants will produce?
(A) In the manner as has been first indicated.
(Q) Should [
257] present all his evidence on his affirmative
case, or will it be best to withhold part for rebuttal?
(A) This depends, of course, upon the course the case takes,
and this may be judged best by the trial attorneys, see? And
that's one of the reasons why it would be very well for [
257]
and Lande to be with Reed before the presentations of same,
to review the whole of the conditions; as well as, naturally,
those who have prepared all the papers.
(Q) What part of [
257]'s case should be held in reserve for
rebuttal?
(A) The actual conversations with the individuals who made
the contracts.
(Q) For whom will Ellery Mann testify?
(A) For [
257].
(Q) Will it be advisable to introduce testimony by
McRoberts?
(A) McRoberts' testimony would be just as much against as
for, until it has reached certain stages. But as we find,
these will not be necessary - but if necessary have them in
readiness.
(Q) Will it be necessary for accountants to testify, and if
so are they prepared?
(A) They are prepared, and they are prepared to give a very
unusual report which must be checked with that as was given
[
257] at the time.
(Q) Which of [
257]'s lawyers in N.Y. should accompany him to
St. Louis for the trial?
(A) This depends upon the interests of the various
individuals in same. This had best be selected by Lande.
(Q) Will it be necessary for my wife [
903] to go to St.
Louis?
(A) She will have to be where she can be on call.
(Q) Will the Judge require testimony of the reasonable value
of [
257]'s services?
(A) This will be prima facie evidence, in the manner or in
the price of the contract and of the agreement that so much
was to be given [
257]. This is prima facie evidence.
(Q) Will the letter of Oct. 10th be admitted in evidence?
(A) We're presuming a great deal as to reaching certain
stages for this to be necessary. This will with objections
be presented, if it reaches those stages.
(Q) How should [
257] explain this letter if questioned?
(A) Keep it open and aboveboard, just as it happened, just
as it came about.
(Q) Will the law of N.Y. or of Missouri, or of any other
place be held to govern [
257]'s rights?
(A) Missouri! That's where it's being tried!
(Q) Are the defendants' counsel genuinely optimistic about
the merits of the defense, and if not, what are their views
about the merits and the probable result?
(A) As we find, they have tried to persuade themselves -
some - that there is no case, as has been intimated by that
as given as to what will be the first move. And the
presenting of that will be for those very things that have
been given as the reasons. Yet these must be be met in the
way as has been indicated, and that they have approached and
are ready to approach for a compromise doesn't show very
great optimism on the part of the defendants.
(Q) Will the trial be postponed?
(A) If possible!
(Q) If the case is tried, what will the verdict be?
(A) What a jury will do? You might as well say as to what
an eagle or a serpent would do!
We are through for the present.
BACKGROUND
11/04/36 He obtained
257-173.
11/22/36 He was present, submitting further questions.
REPORTS
11/24/36 He obtained
257-175.



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