13 17 Q Didn't you sign a consent to the substitution of the law firm of DeWitt, Nast and Diskin in place of Alfred G. Mueller as the attorney for the defendant, Institute for Business Planning, Inc.? MR. DONNELLY: That I object to as being entirely irrelevant. THE WITNESS: What is this nonsense. You know I signed it. You think I am trying to kid you about whether this guy is a lawyer for the defendant? MR. GARFIELD: I am trying to get facts which are relevant to the question - THE WITNESS: You have those facts. MR. GARFIELD: Then why make such a to-do about them? THE WITNESS: Why waste my time? You are asking for things you know as a fact. MR. GARFIELD: I am not going to waste time or money in this examination. I will take you through the facts that I deem relevant and material to the issues. Q When you met Mr. Fields in or about the month of August, 1956, did he tell you that he was an 22 13 14 15 A I don't know. All I know is that he worked for attorney? 1 2 3 an actuarial firm named Zischke. He is a non-practicing attorney. Q Mr. Casey, I want to tell you, you asked me 5 to refrain from asking questions that I knew to be a fact. 6 In a pleading it is alleged that he has been an attorney 7 and you denied it, or you denied it on information, 8 any knowledge, information or belief. So, therefore, 10 11 12 13 14 15 16 17 18 19 20 Q I am merely asking you what he told you. Did he tell you he was an attorney? MR. DONNELLY: before. You didn't ask him that A I don't recall whether he did or not. Q Did the plaintiff, Harry R. Fields,tell you in August, 1956, when he first met you, that he was a specialist in the field of employee benefits and tax situations and related subject matters of pensions, profit-sharing and deferred compensation? For how long a period of time would you say Yes, he did tell me that. Q I want to give you plenty of time and I want you to tell us as well as you can remember the substance A Mr. Lewis had made an appointment and asked me to see Mr. Fields. May I interject for a second, please? Was Mr. Lewis present at the first meeting? No. Q Will you please confine yourself to what was said by Mr. Fields and what was said by you? In substance or words, as well as you can recall it, on the first occasion. A I apologized to Mr. Fields for being late for the appointment and told him that I would not be able to spend any time with him, that I had another appoint ment to which I had to go. And I agreed to see him at breakfast. I asked him to come and have breakfast with me the following day. He may have, on that first occasion, told me 57-426 O-71-13 Casey 11 2 3 5 6 7 8 9 10 11 briefly what was on his mind. Q Would you please tell us, as well as you can, if you remember, what was said by him on that first A He had written a manuscript which he wanted to have published, that he wanted me to take it to Prentice-Hall. He said that he was sure they would 12 13 14 15 16 ask me to evaluate it, anyway, if they were going to Q At the time of the first meeting, did Mr. Yes, I think he did. In fact, he may have left 18 it at the first meeting at which I said I would glance at Q I show you twenty-eight pages of original matter, each page of which MR. DONNELLY: Mr. Garfield, I prefer if you will, I submit it speaks for itself. MR. GARFIELD: Pardon me. I will ask the question and then if you wish to object, I would 6 & Diskin, and of Mr. Mueller appended at the foot of it, 7 and I ask you whether these twenty-eight pages are the 8 manuscript which was delivered to you in about the 9 month of August, 1956, by the plaintiff, Harry R. 15 16 17 18 19 20 21 22 23 24 25 MR. GARFIELD: Would you please, Mr. Donnelly, look at the stipulation and the bill? A and B, the introductory pages, so they might |