Day 025 - 16 Sep 94 - Page 66


     
     1        you".  I contacted them to say:  "There is a letter
     2        coming" and they requested that I read it to them, or that
     3        they contacted us.  I cannot tell you that from looking at
     4        this, and this too is something I have seen for the first
     5        time.  It appears to be a transcript of that letter.
     6
     7   Q.   Do not worry about it, Mr. Gardner.  So far as those
     8        communications are concerned, they would seem to a British
     9        eye, I do not know about an American one, a perfectly
    10        normal way for lawyers to behave:  "Here is what we are
    11        sending you in the post" and then you read it out?
    12        A.  Yes.  I am just saying I do not remember having done
    13        it.  You are asking me whether I remember; I do not.
    14        I suspect it did happen.
    15
    16   Q.   What I am interested in knowing, if you will turn back to
    17        page 123, is whether a press release of this kind issued
    18        on the same day, it would appear, is normal practice for
    19        the office of a State Attorney General?
    20        A.  123, I do not understand its provenance.  It is on
    21        McDonald's letterhead.  It refers to what you have
    22        referred to as a press release, as a letter.
    23
    24   Q.   Let us leave 123 and go to 125; about this there cannot be
    25        any dispute.
    26
    27   MR. JUSTICE BELL:  Page 129 indicates the letter which is going
    28        to be sent, but 123 appears to be, although it says this
    29        is the letter, seems to me -- I would like to be corrected
    30        if I am wrong -- what I would just call a press release.
    31        In other words, it does not take the form of a solicitor's
    32        letter.  A solicitor is a form of attorney in this
    33        country, as you no doubt know.
    34
    35   THE WITNESS:  Thank you, your Lordship.
    36
    37   MR. JUSTICE BELL:  It might be said that it seeks to catch the
    38        eye by referring to the school children?
    39        A.  Yes, your Lordship.
    40
    41   Q.   State Attorney General and school children facing the
    42        common enemy.  What I do not understand at the moment is
    43        whether that is the text of a press release which is,
    44        perhaps, read over the phone to McDonald's so that they
    45        knew it was about to come.
    46
    47   MR. RAMPTON:  My Lord, one sees that fairly clearly from 125.
    48
    49   MS. STEEL:   I do not think it is actually clearly because 125
    50        has a rough draft on it. 
    51 
    52   MR. JUSTICE BELL:  Let us ask the witness.  I am not jumping to 
    53        any conclusions, but Mr. Gardner may give evidence about
    54        it.  Look at 125, if you want to, as well.  You carry on,
    55        Mr. Rampton.  I have interfered enough but I just want to
    56         -- you will, no doubt, come to it.
    57
    58   MR. RAMPTON:  My Lord, I was going to deal with it this way.
    59        If you look at 125, Mr. Gardner, you will see it is
    60        headed:  Attorney General of Texas, Jim Mattox for

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