Evening star., 1938-07-24

row, did not know what further there
was to ask the witness on cross -examina-
ton. Mr.. Laughlin, who was just on the
stand here, and co-counsel had come into
the room and had seated himself at the
end Of the counsel table. which was about
feet or 8 feet long, and at least two
people sitting between Mr.. Laughlin and
myself.
inquired Of Mr. Laughlin as to whether
or not there was anything that he could
recall or that he thought of that I could
ask this witness about.
When I asked Mr.. LAughlin that. Mr..
Porter who was counsel for the board at
that time. arose and said:
Mr.. Examiner, move that the re-
marks OF counser-and parenthetically
he was referring to me-"w1ich were obvi-
ously intended to be heard, be included
in the record"
said:
Il am asking counsel as to what questions
he thinks should ask. Is there anything
wrong about that Mr.. Porter? Gee, it is
getting to the place now where We can't
even speak to each other but what you
get up and object. L. this the United
States of America, or where Is it?"
Mr.. Porter said:
Mr.. Donald Wakefield Smith, member
Of the Labor Board-What did you mean
by that. Mr.. Armstrong: is this the United
States Of America or what Is it?"
What He Meant.
Mr. Armstrong; meant by that, Mr.,
Smith, Just this:
That We had just had q long list of
objections made and sustained and cut
OF. In my opinion, from . cross-exami-
nation which we were entitled to from
the witness on the stand, and when there
was nothing left which could think o1
to ask the witness, which We were per-
mitted to ask him. turned to my fellow
counsel at the table. and 1t was merely
a comment between the two Of US II there
was anything further which he could
think Of which could ask the witness,
and that was the comment entirely be-
tween myself and Mr. Laughlin, made in
the ordinary course Of procedure in any
case. and Immediately upon making that
comment counsel for the board, as you will
note. got up and made the statement that
he moved that the remarks which had
made, which were obviously intended to
be heard, be included in the record.
"The remarks which made had nothing
~vs,{k - y,
inquiry Of counsel If there was anything
further which he could think of which
could ask the witness.
That Is how answered in the way I
did. 1t Is most unusual for counsel on
one side of the table to make a motion
that q question that the attorney on the
other side asks co-counsel in private, .
question Of that kind be made a part of
the record, Is though there was something
wrong in my asking co-counsel II there
was anything further that could ask
the witness
Lot Of Nonsense.
Chairman Madden-Mr. Porter might
have had some illusions as to what was
said A great part Of the hearing today
has been taken up by Mr.. Reeds illusions
as to what has gone on beyond this
hearing, which he proposes some time,
somewhere, to be made part Of the record.
think that Is q lot Of nonsense and !
think Mr.. Porter is referring to nonsense
here.
Mr.. Armstrong; was answering Mr.
Smiths question as to what meant by
that, and I think in the United States Of
America we do have the right to speak
to each other at the table
Chairman Madden-You mean in the
United States of America lawyer never
makes objections to a question by another
lawyer unless it Is q proper objection?
Mr.. Armstrong-Whenever statement
of that kind which might be made, but 1t
is as though in asking that 1t should be
made a part of the record that there wal
something wrong with 1t.
Then Mr. Porter made this comment:
Now that counsel has had an oppor-
tunity to make his usual speech, Mr.. Ex-
aminer, I renew my motion"
Then said: DO you want my COM
ments put in this record every time
speak to m attorney at this table7 Il
there anything wrong about my talking to
fellow counsel about the table, Mr.. Ex-
aminer"- addressing myself to the ex-
aminer.
Trial Examiner smith-That depends
upon the manner and the loudness of the
speech when the hearing Is In session.
There was not anything unusual about
my comment and the examiner then re-
sponded upon my asking If there wa
anything wrong in my asking that.
THAT depends upon the manner and the
loudness Of the speech when the hearing
Is In session."
Correct q Not?
Chairman Madden-Which Is exactl!
correct, Is 1t not?
Mr.. Armstrong-there was nothing un
usual in my asking co-counsel If there was
anything further which we could ask.
Board Member smith-Mr Armstrong, i
Il customary for . reporter in proceeding
like this or In any other proceeding, such