Day 233 - 26 03 96 - Page 19

 
 

                                                                  DAY 233
 
                                                  HOWARD LYMAN, Examined:
 
 
 
     1        not Mr. Lyman's fault of course; he is not a lawyer --
     2        there are large parts of this which are quite plainly, on
     3        their face, hearsay and should not be read, in our
     4        submission.
     5
     6   MR. JUSTICE BELL:  Would you like to sit down, Mr. Lyman?  If
     7        you do, there is a chair behind you.
     8
     9   MR. RAMPTON:  If I indicate, my Lord, now which I believe they
    10        are, then maybe if the Defendants want five minutes to
    11        think about it, we can come back and maybe avoid an
    12        argument -- I do not know.  It appears that the third
    13        paragraph is hearsay.
    14
    15   MR. MORRIS:  Which?
    16
    17   MR. JUSTICE BELL:  "In the 1970s".
    18
    19   MR. RAMPTON:  It appears that the fifth paragraph -----
    20
    21   MR. JUSTICE BELL:  Let me just re-read that.  The words which
    22        are hearsay go from "who claimed to restaurant chain", does
    23        it not?
    24
    25   MR. RAMPTON:  That is right, my Lord; that is the important
    26        bit.  By all means, read the rest of it, but that is the
    27        only bit that matters.
    28
    29   MR. JUSTICE BELL:  Well, subject to any argument, the generality
    30        that must apply to McDonald's.
    31
    32   MR. RAMPTON:  Yes, of course.  Then, my Lord, it would seem that
    33        the paragraph beginning "I have seen a video tape" down to
    34        the end of the quotes, "USDA inspected meat".  The last
    35        sentence is no doubt borne of experience, or might be said
    36        to be.
    37
    38        Then, my Lord, the bottom paragraph on the page, which goes
    39        on to the following page, beginning with the words "my
    40        cousin is a rodeo contractor", and the next sentence, "he
    41        told me", and the final sentence of that -----
    42
    43   MR. JUSTICE BELL:  The first sentence may or may not be.
    44
    45   MR. RAMPTON:  I have followed your Lordship's guidance in past
    46        examples of this.  If it is a "may" or "may not be", then
    47        we have to wait and see.  But where, on its face, it
    48        plainly is a hearsay, then I believe I ought to object
    49        now.  The first complete sentence on the next page, again,
    50        is quite evidently borne of, what shall we say, what 
    51        Mr. Lyman has been told; and the whole of the next 
    52        paragraph is, once again, when one reads to the end of it, 
    53        quite clearly hearsay -- if one sees the words "and they
    54        tell" -----
    55
    56   MR. JUSTICE BELL:  Where is that?
    57
    58   MR. RAMPTON:  The one beginning "When I saw the type of cattle",
    59        that is fine, he was surprised; and then one finds out how
    60        he knew in the next two sentences -- sorry, next three
 
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