Day 025 - 16 Sep 94 - Page 43


     
     1   Q.   If we look at the first one, Woman's Day, Sodium (first
     2        page only).  On sale date is the date when it hits the
     3        book stores but its cover date (as often happens) is quite
     4        a good deal later than that, is it not?
     5        A.  Yes.
     6
     7   Q.   We can usually buy magazines dated June some time in May,
     8        can we not?
     9        A.  Yes.
    10
    11   Q.   In this country anyway and I dare say also in the United
    12        States?
    13        A.  You are correct.
    14
    15   MR. JUSTICE BELL:  Are the first the first three magazines
    16        weeklys and next ones monthlys.  In other words, where
    17        there is a date as well as a month, are they weeklys?
    18        A.  In so far as I know, your Lordship, they are.  TV
    19        Guide and Newsweek are absolutely weeklys.
    20
    21   Q.   I can imagine TV Guide is weekly and I know Newsweek is
    22        weekly.  I am not an habitual reader of Woman's Day
    23        but that looks as if that is a weekly?
    24        A.  It looks to me, I had thought it to be monthly.  When
    25        I saw this the other day I remarked to myself to the
    26        effect that Woman's Day must be a weekly magazine; that
    27        would be what I would infer from the cover date.
    28
    29   MR. RAMPTON:  You will notice -----
    30
    31   MR. MORRIS:  Can I just say something?  If it was actually on
    32        sale three weeks before it was due to come out, it means
    33        it probably is a monthly, although I do not think it
    34        really matters.
    35
    36   MR. JUSTICE BELL:  I am not sure, because some of the magazines
    37        one does buy -- if I give you an example, I know two
    38        classic car magazines are available quite early in the
    39        month before the date which is on them.  For instance, you
    40        can buy them early in April and then it has May, whatever,
    41        on it.
    42
    43   MS. STEEL:   I understand that in terms of monthly, but would
    44        it not be a bit strange if a weekly magazine was available
    45        three weeks before its cover date?
    46
    47   MR. JUSTICE BELL:  Yes, may be.  It may not matter at the end
    48        of the day.  Yes, that may be a good point.
    49
    50   MR. RAMPTON:  I do not know.  (To the witness):  What I ask you 
    51        to notice about this, Mr. Gardner, is that under the 
    52        column headed:  "Advertisement", in each case I think in 
    53        parenthesis, one sees the words "first page only"; is that
    54        right?
    55        A.  Yes.
    56
    57   Q.   Leaving aside for the moment your objection to the
    58        campaign overall, that expression of intention first page
    59        only, would remove your concerns about the particular
    60        advertisements to which you had drawn attention in your

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