Evening star., 1938-07-24

CLYDE A. ARMSTRONG.
as in court to record statement made by
counsel to each other? Is that common
practice, for counsel or any party to q
proceeding to make statement in court,
asking other counsel If there is anything
more? If it was a kind OF conference
among counsel, I would not think the re-
porter, under ordinary circumstances,
would put it in the record. Therefore, it
must have been more than ordinary cir.
cumstances, if it was in the record.
Mr.. Armstrong; have three questions
pending and do not know which one you
want me to answer first
Board Member SMITH am getting in
the record that you were conferring with
counsel 1t Is very unusual that any con-
ference between counsel would be reported
In the record.
Mr.. Armstrong-1f there had been any
statement made by me which had been
loud enough for the reporter to hear,
have no doubt that 1t would have been on
this record. the way the reporters have
been reporting this hearing 1t was merely
a comment between counsel.
May I proceed to answer Mr. Madden's
question. or II you care to ask questions,
60 ahead, just 50 do not lose sight Of the
question.
Mr. Edwin 8. Smith (board member) ~
was going to repeat the chairmans ques-
ton.
Mr.. Armstrong-That Is the one was
going to attempt to answer.
Significance Of Voice Pitch
Mr.. Smith-the propriety Of talking with
counsel depends upon the loudness of the
speech or the manner. There was An i'm
plication there, presume, that the trial
examiner thought your manner and loud
ness were Objectionable.
Mr.. Armstrong; do not think he did
Mr.. Smith, because do not see how pos
sibly under the circumstances he could
have reasonably thought there was any,
thing unusual in what said because obvi-
ously he did not hear 1t and the reporter
did not hear it.
You will note what happened immedi-
ately following that statement.
After Mr.. Smith, the examiner, said
that depends upon the manner and the
loudness of the speech when the hearing is
in session." said:
All right. What was 1t I said? Now
let's have that on the record. What was 1t
I said to fellow counsel?"
Chairman Madden-That question was
addressed to whom?
Mr.. Armstrong; cannot tell you. !
presume it was addressed to the examiner.
Chairman Madden-I must say, Mr.
Armstrong, that gather the impression
from this record that this thing was get
ting into a sort Of squabble and 1t was
about time that the trial examiner took
control Of the hearing. Let us get on and
see what happened.
Mr.. Armstrong-H you will permit me
Mr.. Madden. without interpolating .
question to do 80, will answer It. Other
wise 1t makes 1t diflcult to answer. am
trying to answer the best can.
was addressing the examiner probably
in response to his question. Mr.. Smith
then said:
LET the reporters record speak"
said:
DO you have It, Mr.. Reporter?" And
the repuorter said, mo, sir"
Not Mr.. Porter's Business.
Then Mr.. Laughlin, co-counsel, who
was jut on the stand, stood up and said:
Il will tell you what he asked me, al
though do not see that it is any of Mr.,
Porters business"
Mr. Armstrong-Go ahead and state It
"Mr LAughlin-Mr Armstrong asked me
II there were any questions that thought
should be asked the witness other than
those questions he had asked. If that is
Mr.. Porter's business, would like to know
why
Mr.. Johnsv1 do not think that ques-
ton would call for the comment which I
heard from the table, which was ask Mr..
Johns That would not call for that COM
ment"
I made no such comment. do not
know what Mr.. Johns was referring to
there.
'Mr. Laughlin-That is the question that
MI. Armstrong asked me.
At that point said:
II am seriously protesting, Mr. Examiner,
against the method and means by which
this hearing is being conducted"
Chairman Madden-Do you mean the
trial examiner? It seems to me that you
had right to protest to the trial examiner,
and to appeal to him, but this was wasting
the time Of the hearing and being sener-
ally disorderly. Is that what you were
protesting about?
Mr.. Armstrong-Mr. Madden, I agree
with you on one phase Of your statement,
and that is that this incident should
never have occurred. Boards counsel made
the statement in the beginning about NOV
ing to put the remarks Of counsel at the
table on the record.
Chairman Madden-He made that state
ment.
Mr.. Armstrong-And that is what started
the whole procedure.
Chairman Madden-That started thil
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