Day 025 - 16 Sep 94 - Page 48
1 scheduled to appear, other than the salad ad, was the
2 "Pinch", the sodium ad. As you pointed out, it does not
3 say whether it was one or two pages; I think a reasonable
4 inference could go in either direction on that.
5
6 Q. I do not think it could, Mr. Gardner, with respect to
7 you. We see on page 171 that it is specifically stated
8 that it was to be one page only?
9 A. On 171, absolutely, that was after we wrote to them,
10 Mr. Rampton, and not on page 183 which was before we wrote
11 to them, wherein the "Pinch" ad is slated to appear
12 without indicating whether it is a one or two page
13 advertisement.
14
15 But, furthermore, the May advertisements, all of which
16 were scheduled to appear after we wrote to McDonald's on
17 April 10 and then again on April 24th of 1987, several of
18 them are not listed, several of the ones listed as
19 intending to appear in May 1987 on document page 183 do
20 not appear in the document that Mr. Rosberg assured me was
21 a list of ads that were not appearing after May 26.
22
23 Therefore, several of the ads about which we were
24 complaining in the campaign, about which we were
25 complaining, rather, were scheduled to appear in May and,
26 at least, from what Mr. Rosberg tells us were not
27 scheduled for reinsertion and may have been terminated
28 following our initial letters in April.
29
30 Q. You will notice two things, perhaps, about the schedule on
31 page 183 -- I will come back to 171 in a moment -- some of
32 the advertisements, some of the titles of the
33 advertisements have underlines, do they not, and some do
34 not?
35 A. Yes, sir, they are.
36
37 Q. You will notice that none of the advertisements to be
38 published in May or June has an underline, does it?
39 A. Certainly not.
40
41 Q. I know that I am asking you to speculate, but I ask you to
42 speculate with an open mind, if you will. Do you think
43 that might suggest that the ones which are not underlined
44 were only going to be one-page advertisements?
45
46 MR. JUSTICE BELL: That had occurred to me, but I have to say
47 the next thing occurred to me is that if there was some
48 special significance in the underlining, one might find
49 some reference in it in the body of January 13th 1987
50 document starting on page 181 of which, of course, we have
51 parts only.
52
53 MR. RAMPTON: I agree with that. There is not and I looked for
54 it too. It is just passing through my head, my Lord,
55 whether I in error blanked such a reference out. I do not
56 think so. Perhaps what I had better do is to undertake to
57 have a look at that later.
58
59 MR. JUSTICE BELL: I think you had, but I feel uneasy about --
60 I am not resiling from the decision I made earlier, unless
