William Gaddis - A Folic Of His Own

APPEARANCES:

Messrs. LEPIDUS, HOLTZ, BLOMEFELD, MACY & SHEA Attorneys for plaintiff 12 West 43d Street New York, N.Y. 10036 BY: HAROLD BASIE, ESQ.,

Of Counsel

Messrs. SWYNE & DOUR Attorneys for defendants

450 Park Avenue

New York, N.Y. 10022 BY: JAWAHARLAL MADHAR PAI, ESQ. J. VENNER SMITH, ESQ.

Of Counsel

OSCAR L. CREASE, plaintiff, called as a witness by defendants, being duly sworn testified as follows:

MR. BASIE: Before we start, but on the record, I should like notice to be taken of Mr. Crease's physical condition confining him to a wheelchair in an almost prone position thus preventing the free expression of his feelings under the stress occasioned by this procedure in the hope of seeing it conducted as expeditiously as possible.

MR. MADHAR PAI: May I remind counsel for the record that it is plaintiff himself who in bringing this action has already seriously inconvenienced others to the degree of journeying some distance to his residence to examine him in taking this deposition at his convenience, and if he now feels suddenly reluctant to confront the possible rigours of a legal procedure which he himself has…

MR. BASIE: I only ask that his condition be taken into account in hopes that the procedure will not be unduly prolonged.

MR. MADHAR PAI: I assure you that we have no such intention consistent, of course, with a thorough airing of the situation for which he alone is responsible in bringing suit on the…

MR.BASIE: Excuse me. To call him solely responsible for creating the situation in which we find ourselves is a gross misstatement of the circumstances and I cannot let it pass unchallenged.

MR.MADHAR PAI: Are you quite finished Mr. Basie?

MR.BASIE: For the moment.

MR.MADHAR PAI: May I make clear at the outset that I do not like to be interrupted, and this is the second time it has happened in as many minutes. If you have an objection please make it for the record.

MR.BASIE: I am making it for the record.

MR.MADHAR PAI: What is your objection?

MR.BASIE: What makes you say I wasn't making it for the record?

MR.MADHAR PAI: I thought you were making a statement. What is the basis for your objection?

MR.BASIE: I am starting to state my objection.

MR.MADHAR PAI: And what is your objection? If you have an objection, object. You want to make statements and testify.

MR.BASIE: I have only made comments on your statement.

MR.MADHAR PAI: I am trying to go smoothly ahead so that this session will not be unduly prolonged.

MR.BASIE: Are you asking me to give up the plaintiff's rights?

MR.MADHAR PAI: We're not here to fight over the Fifth Amendment old sport, we are trying to conduct a nice quiet deposition. As soon as you feel there's something that might get us a little nearer the truth of the matter, we seem to. .

MR.BASIE: I don't agree with that.

MR.MADHAR PAI: I withdraw it.

MR.BASIE: Thank you.

MR.MADHAR PAI: Now may I proceed to examine the witness?

MR.BASIE: He is clearly at your disposal. EXAMINATION BY MR.MADHAR PAI:

Q Will you please first state your name and the occupation from which you derive the bulk of your income. A Oscar…

MR.BASIE: I must direct him not to answer the question as it has been put.

MR.MADHAR PAI: If you have an objection will you please…

MR.BASIE: It's an objection as to form. There are two questions.

MR.MADHAR PAI: To which question are you referring.

MR.BASIE: The question that has just been asked.

MR.MADHAR PAI: But you say there are two questions, and I'm asking which one you are referring to.

MR.BASIE: And I am directing your attention to the question that has just been asked.

MR.MADHAR PAI: Let me understand you. You are objecting as to form.

MR.BASIE: I am objecting as to form regarding the overall question which comprises two questions, and I am objecting to the second of these two as being improper.

MR.MADHAR PAI: I'm afraid you are confusing the record by entering a second objection before your first one has been resolved. Please read back the question.

(Record read.)

MR.MADHAR PAI: Now perhaps your first objection will be met by restricting the question to a simple statement of the witness's name, Mr. Basie? Will that please you?

MR.BASIE: Delighted. Q Will you please state your name. A Oscar L. Crease.

MR.MADHAR PAI: Now I believe your second objection had to do with impropriety?

MR.BASIE: It carried the misleading implication that the witness might have a job on which he is dependent for his livelihood.

MR.MADHAR PAI: You would not want it thought that he must work for a living, is that what you object to?

MR.BASIE: That is not the question.

MR.MADHAR PAI: Then what is the question. Do you think we can move this along?

MR.BASIE: Are you asking me to deprive my client of the protection of the facts?

MR.MADHAR PAI: If you have an objection, please make it for the record.

MR.BASIE: I want the record to show that I have every clear intention of making it for the record. It is to a simple question of fact, and I want the questions to be proper. The question as stated is loaded.

MR.MADHAR PAI: In implying that, like most of mankind, he must work for a living?

MR.BASIE: Now come on Jerry, I'm not going to be drawn into a discussion of Adam's curse here. The question as it stands makes the statement that his occupation provides the bulk of his income.

MR.MADHAR PAI: And you object to that as to form?

MR.BASIE: I object to it as improper and irrelevant at this time.

MR.MADHAR PAI: All right, we can pursue its relevance later if it appears to be material. Let's restate the question, Q If you are presently employed will you please state your position, and how long you have held it.

A I have been a lecturer in American history at the community college at Lotusville for twelve years.

Q And before that?

A Before that?

Q The position you held before that.

A I pursued my own interests.

Q In your present position have you what might be called a specialty? If so will you please name it?

A The period of the American Civil War.

Q And was that among the interests you pursued before becoming a lecturer at the college here?

A It was.

Q Do you have tenure in your present position?

A I do not.

Q And this is your sole profession?

A I'd simply call it a job, you could say it's really nearer a hobby.

Q But you have no other profession. You're not a playwright for example, a professional playwright?

A I'm not clear what you mean by professional.

Q I think it is generally understood to mean someone who is paid for his services.

A A baseball player.

Q Professional sports yes, that's a good example.

MR.BASIE: You mean as opposed to amateur sports?

MR.MADHAR PAI: I am asking the questions Mr. Basie. If you have an objection please make it for the record.

MR.BASIE: I am making it for the record.

MR.MADHAR PAI: Well? What is your objection, is it as to form?

MR.BASIE: It is as to form, it was not a question but a leading observation and I want a proper question where the meaning is clear, whether you mean professional sports as opposed to amateur sports.

MR.MADHAR PAI: I think that is an assumption the witness is capable of making, that he can make that distinction.

MR.BASIE: Then it's incorrect, the witness is being led. If we mean distinction we should say distinction, if you mean professional sports as distinguished from amateur sports, that's one thing. If you mean as opposed to that's something else.

MR.MADHAR PAI: If you want to turn this whole thing into a tautological exercise, be my guest.

MR.BASIE: I want the questions to be proper and I will continue to object when I find them otherwise. Opposing professional to amateur invites an invidious comparison to the ordinary observer.