Day 012 - 18 Jul 94 - Page 54


     
     1   MR. JUSTICE BELL:  I have said what I want to say about whether
              it is written by -- carry on, Mr. Rampton.
     2
         MR. RAMPTON:  I am obliged.  Can we pass away now from
     3        Mr. Gardner unless, Mr. Horwitz, you have anything that
              you want to say -- you heard the reasons I gave to the
     4        learned judge for what we have just been doing -- if you
              have anything to offer about Mr. Gardner which Mr. Gardner
     5        ought to know in advance of his being cross-examined by
              me, should he come here, that is relevant to the issues in
     6        this case, please offer it to us?
              A.  Well -----
     7
         MR. JUSTICE BELL:  I think you had better be more precise.
     8
         MR. RAMPTON:  I shall lose this witness shortly.  He will go
     9        back to America.  He knows Mr. Gardner.
              A.  I stand by those characterisations.  I must say, as
    10        I was saying before, it was always difficult to deal with
              Mr. Gardner because I could not rely on the things that he
    11        said.  For example, when the announcement was made that we
              had breached the deal in connection with our announcement
    12        of going national on the distribution of the booklets,
              there was a press release issued by Mr. Mattox's office,
    13        Mr. Gardner's office, that we had breached a deal not only
              with them, with the three, the New York Attorney General,
    14        the Texas Attorney General and the California Attorney
              General -----
    15
         MR. JUSTICE BELL:  That is the one we looked at this morning?
    16        A.  That is correct.  But we had also breached a deal with
              a bunch of other Attorneys General who were part of this
    17        whole matter.  At that point I spoke to my colleague, Dave
              Widenfeld, who was working with me.  I asked him to call,
    18        one of them was the Attorney General of Louisiana.
              I asked him to call the Attorney General of Louisiana
    19        which he did.  The response was he never heard of this
              deal.
    20
         MR. RAMPTON:  That is hearsay.  We cannot have that.
    21
         MR. JUSTICE BELL:  You probably have the same rule in the
    22        States.
 
    23   MR. RAMPTON:  You probably do.  Let us move on, shall we,
              Mr. Horwitz?
    24        A.  Yes.
 
    25   Q.   Mr. Morris has an observation.  Perhaps I should sit down.
  
    26   MR. MORRIS:  The last 10 minutes have all been hearsay. 
  
    27   MR. JUSTICE BELL:  No, they have not.
 
    28   MR. RAMPTON:  On the contrary, they are evidence of direct
              knowledge of Mr. Gardner by Mr. Horwitz which is not
    29        hearsay.  Can we move on to the last thing I wish to ask
              you about, which is this.  You told us on at least two
    30        occasions that the campaign, the advertising campaign we
              have been looking at, was not prematurely discontinued or

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