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Delgamuukw Trial Transcripts

[Proceedings of the Supreme Court of British Columbia 1989-01-27] British Columbia. Supreme Court Jan 27, 1989

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 11414  Proceedings  Submission by Mr.  Grant  1 Vancouver, B.C.  2 January 27th, 1989  3  4 (PROCEEDINGS RESUMED PURSUANT TO ADJOURNMENT)  5  6 THE REGISTRAR:  In the Supreme Court of British Columbia,  7 Vancouver, this Friday, January 27, 1989.  Calling  8 Delgamuukw versus Her Majesty the Queen at bar, my  9 lord.  10 THE COURT:  Thank you.  Yes.  Just a moment, please.  Yes,  11 gentlemen.  12 MR. GRANT:  My lord, with respect to this blue document that my  13 friend has labelled "Extracts From Heather Harris'  14 Documents Re: Neil J. Sterritt's Notes", having had an  15 opportunity to review it --  16 MR. GOLDIE:  I'm sorry.  Would you also read the second line.  17 MR. GRANT:  The second line on it sets out the dates received.  18 MR. GOLDIE:  January 9th, 10th, 12th and 13th.  19 MR. GRANT:  Yes, his lordship has the document.  2 0 THE COURT:  Yes.  21 MR. GRANT:  With respect to that document, my lord, I cannot  22 consent to this document going in.  It is misleading  23 as it is set out.  It contains more than Mr.  24 Sterritt's notes.  It contains notes of other people.  25 And given that -- and I -- Mr. Adams contacted my  26 friends today to advise that I would have to -- we  27 would have to come back to court.  Mr. Goldie returned  28 my call before he got that message and he indicated he  29 wanted Ms. Harris present for, I believe he said, ten  30 or 15 minutes this morning.  I have arranged for Ms.  31 Harris to be here.  And I don't know what my friend's  32 submission is going to be to your lordship.  33 THE COURT:  Well, let me ask you, Mr. Grant, what the basis of  34 your objection is, starting at what I think is one of  35 a number of points of commencement, the documents  36 being produced by Mr. Goldie on the dates shown as  37 working papers in the possession of Ms. Harris.  38 MR. GRANT:  Yeah.  2600 pages of Heather Harris documents were  39 delivered to my friends, and as Mr. Goldie refers to  40 on the title they were received by his office on that  41 date.  Some of them were delivered -- they started  42 being delivered, I believe, January 4th or 5th.  43 Probably January 5th.  44 THE COURT:  What's the objection to their admissibility?  45 MR. GRANT:  Pardon?  46 THE COURT:  What is the objection to their admissibility as  47 documents which were in the possession of the witness 11415  Submission by Mr. Grant  1  2  MR.  GRANT  3  4  5  6  7  8  9  10  THE  COURT  11  12  MR.  GRANT  13  14  15  16  THE  COURT  17  18  MR.  GRANT  19  THE  COURT  20  21  22  MR.  GRANT  23  THE  COURT  24  25  26  MR.  GRANT  27  THE  COURT  28  29  30  31  32  33  34  35  MR.  GRANT  36  THE  COURT  37  38  39  40  41  42  MR.  GRANT  43  THE  COURT  44  45  46  47  at the time when she prepared the genealogical charts?  Well, my friend is tendering these documents as Neil  Sterritt's notes.  He's labelled them as that.  That's  not what they are in total.  And I presume that my  friend has -- and I submit, my lord, that if these  documents are going to be marked as an exhibit then we  should mark -- they should be put in the context of  the Heather Harris notes, which are the 2600  documents.  They're labelled "Extracts From Heather Harris'  Documents".  Yes.  There is no indication on these documents as  to how many pages are Heather Harris documents.  There  is no indication whatsoever about that.  There is  no --  I'm sorry, Mr. Grant, I think we're at cross  purposes.  Okay.  Ms. Harris is in the process of preparing  genealogical charts.  For that purpose she collects  together a lot of information.  M'hm.  That's how genealogies are prepared.  And no doubt  she utilizes some of the information she has collected  together and she discards other information.  M'hm.  Now, in testing the reliability or accuracy or  authenticity of her genealogies it is possible to  suggest, I suppose, that she had information as  demonstrated by the documents in her possession which  she should have used, but which she didn't, or that  she used something that because of a piece of  information she has which for one reason or another  counsel might argue that she shouldn't have used it.  M'hm.  But the purpose of underlying documents is to -- is  to test whether the -- the end product, the  genealogical chart, is supportable by the information  that she had in her possession, or at least that's one  of the ways of testing the authenticity of the  genealogies.  Yes.  And I wouldn't have thought it necessary at this  point to spend a lot of time on the question of the  purpose for which the documents are admissible.  Clearly they can't prove the truth of the facts stated  just because they're in her possession.  But can they 11416  Submission by Mr. Grant  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  not -- can they not be put in at the option of the  defendant for the purpose of showing not the truth of  what they state, but what information she had?  MR. GRANT:  Well, yes.  I think I should be very clear.  I think  that ultimately -- I mean, I presume from what Mr.  Goldie had said to me before he got my message that he  wishes to cross-examine her with respect to these.  I  presume that.  THE COURT:  Yes.  MR. GRANT:  I don't know.  THE COURT:  That's what you've told me.  Unless Mr. Goldie says  otherwise I suppose that's right.  MR. GRANT:  And so long as I have an opportunity with respect to  this document book and the cross-examination to  re-direct on the issues raised by this document book  then I don't have difficulty with that, if that's the  purpose of the cross-examination.  THE COURT:  Well, your entitlement to re-examine will be a  different question.  I would have thought, without  hearing Mr. Goldie, that the ordinary rules and  principles of re-examination apply following a  cross-examination.  MR. GRANT:  Well, yesterday afternoon at 2:00 p.m. when Mr.  Goldie came in he indicated that he had two documents.  Re-direct had not commenced at that time.  There was  no suggestion at that point in time of  cross-examination of the witness, he just indicated he  wished to tender these documents.  THE COURT:  Yes.  MR. GRANT:  The problems that I have with this document are that  if the witness has an opportunity to explain this  document then there is no problem.  But the title on  this document, my lord, "Re:  Neil J. Sterritt's  Notes" is misleading.  It's not correct.  Also, the  content of this in conjunction with the content of the  white book is something that has to be explained.  As  you may recall, and maybe I -- maybe it wasn't the  best thing that I did to suggest yesterday it was a  matter of trying to move the case through, and the  witness through, that I proposed that we deal with  these documents overnight.  I had no opportunity.  THE COURT:  That seemed to me to be a sensible thing to do.  MR. GRANT:  I thought so at the time as well.  And that it would  avoid delay to commence re-direct this morning, for  example.  THE COURT:  Well, Mr. Grant, I think I should hear what Mr.  Goldie says.  I understand your position, I think. 11417  Submission by Mr. Goldie  1 One of your complaints is the label on the documents,  2 which I don't think is a serious matter and can be --  3 can be corrected.  But let me hear what Mr. Goldie  4 says.  5 What's your position, Mr. Goldie?  6 MR. GOLDIE:  Well, my lord, as my friend Mr. Grant says, I  7 indicated I wished to file these documents.  They --  8 one, the blue book contains the 114 documents that we  9 understood to be the Sterritt notes found in the 2600  10 pages.  However, my friend elected to examine the  11 witness, and he led the witness in chief on both these  12 documents, and he got explanations from her.  I'm  13 referring to the transcript at page 11 --  14 THE COURT:  This is yesterday?  15 MR. GRANT:  This is yesterday, my lord.  11404.  And he said I  16 had referred you yesterday -- I'm at line four, my  17 lord.  18  19 "Mr. Goldie referred you to yesterday or  20 the other day about -- I believe he  21 referred to 114 entries that they had  22 calculated from your documents from Mr.  23 Sterritt, and you haven't had an  24 opportunity to look in his blue book  25 yet, but can you -- you're aware of  26 entries from Mr. Sterritt that are in  27 your files?  28 A   Yes.  29 Q   Can you explain to the court where these  3 0 came from?  31 A   Yes.  32 Q   How they were broken up?  33 A"  34  35 Then she proceeded to talk about the blue book.  36 She said, "I glanced at it", and then she said --  37 MR. GRANT:  "I just glanced at the blue book".  38 MR. GOLDIE:  And line 26 she said:  39  40 "...that's what makes up quite a chunk of  41 this 114 documents."  42  43 This 114 documents being the documents in the blue  44 book.  45  46 "Is this notes from Mr. Sterritt's one  47 field notebook." 11418  Submission by Mr. Goldie  1 And then she says at line 33.  2  3 "I would take those" --  4  5 That's Mr. Sterritt's field notebook.  6  7 "And make several photocopies, and  8 sometimes the same one appears in four  9 different files because it referred to  10 four different houses."  11  12 And then she goes down at line 43.  13  14 "So in actual fact, what Mr. Sterritt  15 gave to me was a very small contribution  16 to my research."  17  18 And then my friend said;  19  20 "Do you have the blue book that Mr. -- do  21 you have a second copy?  Can you just  22 take a look at that."  23  24 And then he took her through the blue book.  She  25 was asked to explain Haiwas.  This is line 25.  26  27 "Haiwas, 'NJS', Neil John Sterritt,  28 'number 10'.  2 9 Q   And what would that mean?  30 A   It refers to Haiwas' house, and it was  31 probably found in Haiwas' file."  32  33 "Just a couple of more pages ahead."  34  35 Line 37.  This is 11405, my lord.  36  37 "It has Martha Hymadam on the top?  38 A   Yes.  It was an interview with Martha  39 Hymadam, which I referred to earlier,  40 where Neil interviewed her in the  41 hospital, I believe in Terrace.  And the  42 information she gave about relatives of  43 hers involved three different houses, so  44 I put circles around the groups...".  45  46 Then she goes on to say at the top of 11406;  47 11419  Submission by Mr. Goldie  Submission by Mr. Grant  Ruling by the Court  1 "...This document would have been in  2 three different files because there is  3 information on this page...".  4  5 And then she explains the abbreviation for  6 assimilated and explains what it means.  And then she  7 went on to talk about the white book, which is now  8 marked as an exhibit.  9 And at page 11409 she says at line 22;  10  11 "It looks like it may be the whole..." --  12  13 And she is now referring, my lord, to section 4 of  14 the white book.  15  16 "It may be the whole -- the complete  17 copy, so we've already seen it twice or  18 three times, or however many times, in  19 the other blue book."  20  21 So she is stating that there is a duplication  22 within the blue book itself.  And she is stating that  23 there is a duplication with the white book and the  24 blue book.  So my friend has examined her in chief,  25 and I propose to cross-examine her with respect to  26 some of her statements.  27 MR. GRANT:  My lord —  28 MR. GOLDIE:  But I should say that's got nothing to do with the  29 admissibility.  She accepted the proposition that all  30 of these documents --  31 THE COURT:  Yes.  32 MR. GOLDIE:  — Were from her files.  33 MR. GRANT:  My lord, maybe I can make my position clear.  Mr.  34 Goldie at January 24th at page 11218 knew about the  35 blue book, because -- or the contents, because he then  36 asked her this question.  We find --  37 THE COURT:  Mr. Grant, I'm sorry —  38 MR. GRANT:  But I don't object to cross-examination.  I think  39 that's the way to deal with it.  I just want the  40 opportunity to -- the only point is this, the  41 witness -- I endeavored to shortcut it yesterday by  42 having the witness look at a few excerpts of the blue  43 book.  I take exception that that does not allow me to  44 re-direct the witness to explain it.  She did not have  45 a chance to look at this entire document.  46 THE COURT:  I think, Mr. Grant, that I'm going to deal with this  47 matter in what I think is probably not perfect 11420  Ruling by the Court  Proceedings  1 practice, but by analogy to the checker game, that I  2 probably used before, where the move is made when the  3 player removes his hand from a piece.  That is not a  4 rule that applies in a situation like this.  And here  5 we have an unusual problem arising, I think at least  6 in part, if not mainly, from the late delivery of  7 these documents.  And if we have to do it in a  8 piecemeal way then I don't think anybody's going to be  9 very badly hurt by that.  I think that if Mr. Goldie  10 was content to put the documents in, as I think he  11 was, and if that is all that had happened we may not  12 have this problem.  But that's neither here nor there.  13 Mr. Goldie now says that because these documents he  14 didn't have a chance to completely reread them before  15 he completed his cross-examination he decided to put  16 these in, and he wanted to put these in.  The witness  17 has given some explanation.  He wants to cross-examine  18 that.  I don't see any reason he shouldn't.  19 I think you should be allowed to re-examine in  20 accordance with the ordinary rules.  I will allow you  21 to do that, but it will be limited to what is proper  22 re-examination.  23 Ms. Harris, would you return to the witness box,  24 please.  25  2 6 HEATHER HARRIS, Resumed:  27  28 MR. GOLDIE:  My lord, on the basis of the examination in chief I  29 would ask that the blue book be marked as -- be marked  30 as an exhibit with the number that was reserved for  31 it.  32 THE COURT:  Yes.  33 THE REGISTRAR:  It's number 868 reserved, my lord.  34 MR. GRANT:  Yes.  That would be subject to the correction of the  35 description, my lord, on the blue book.  36 THE COURT:  You can make that correction, or you can re-examine  37 on the correction.  38 MR. GRANT:  Thank you, my lord.  39  40 (EXHIBIT 868:  Document book re:  41 Extracts From Heather Harris' Documents)  42  43 THE REGISTRAR:  I caution the witness, you're still under oath.  44 THE COURT:  What were the numbers that were reserved for these  45 books?  46 THE REGISTRAR:  868 and 869.  869 was put in yesterday, the  47 white book.  The blue book is 868. 11421  H. Harris (for Plaintiffs)  Cross-exam by Mr. Goldie  1  CROSS-EXAM  2  Q  1  3  4  5  6  7  8  9  A  10  Q  11  12  13  i  14  15  16  A  17  18  Q  19  A  20  21  Q  22  23  A  24  Q  25  26  27  A  28  29  Q  30  i  31  32  MR. GRANT:  33  A  34  MR. GOLDIE  35  Q  36  A  37  38  Q  39  40  41  A  42  43  44  Q  45  A  46  47  EXAMINATION BY MR. GOLDIE:  Mrs. Harris, in your evidence yesterday with respect  to this Exhibit 868, and I'm referring to page 11409,  line 22 to 25, you were at that point referring to the  part 4 of the -- of the white book and you had told  his lordship, as I understand it that's Exhibit 869,  that part 4 of the white book consisted of Mr.  Sterritt's field notebook; is that right?  Yes, that's correct.  Yes.  Then you said, "It looks like it may be the  whole", referring to part 4, "The complete copy, so  we've already seen it twice or three times, or however  many times, in the other blue book."  Is it your evidence that there is -- that what is  in the blue book is also in the white book?  Yes.  I believe there's at least 44 excerpts from Neil  John Sterritt's field notebook in the blue book.  Yes.  And that is 44 out of 114?  Yes, at least.  There's eight more that may be, but I  couldn't determine it.  You've had an opportunity of going over it now,  haven't you?  Yes, a limited opportunity.  Well, I will assist you.  My instructions are that in  the blue book there are some 50 entries which are  found in the white book.  Would you accept that?  That's possible, 'cause there was eight of which I  wasn't sure.  Either were we, but we've given you the benefit of the  doubt.  And there were some -- that leaves some 64 in  the blue book which are not found in the white book.  In the field book?  In the field book number 10, part 4 of the white book?  That's correct.  Yes, that's correct.  Some of those aren't Neil's  notes though.  They're from other people.  That may be.  All I'm asking you to agree to is there  is not complete duplication between the white book and  the blue book?  Complete duplication?  I took a second copy and cut it  into pieces and filed it into house files and that's  what the small pieces are, those --  Yes.  -- Those 44 or 50 small pieces.  So I would say it  probably isn't complete.  Probably parts weren't  relevant to any house files so they didn't go into the 11422  H. Harris (for Plaintiffs)  Cross-exam by Mr. Goldie  1 house files.  2 Q   Yes.  I'm suggesting to you that in the blue book  3 there are at least 64 pieces of information which we  4 have identified, perhaps wrongly, as belonging to Mr.  5 Sterritt, or originating with Mr. Sterritt, or coming  6 from Mr. Sterritt that are not found in part 4 of the  7 white book?  8 A   Yes.  And it is true that some of them are identified  9 wrongly.  They're not Mr. Sterritt's.  10 Q   The -- now, turning to the blue book itself, did you  11 mean to suggest that there were duplications within  12 it?  13 A   There isn't too much duplication.  I had just a few  14 seconds to look at it yesterday.  I think there's two  15 places where there are duplication of documents that  16 were virtually the same, but had a few additional  17 notes.  18 Q   Yes.  19 A   Yes.  20 Q   So with that qualification you would agree with me  21 that there is no duplication within Exhibit 868?  22 A   Yes, that's correct.  23 Q   All right.  Thank you.  Now, is it your evidence that  24 you used the, I'll call it the Sterritt material, only  25 for the name lists that are in part 1 of Exhibit 869?  26 A   No.  There was little pieces of genealogical evidence  27 that I got from the -- the notebook number 10, and  28 then there were other individual pieces of paper, or  29 sometimes a couple of pieces that he would give me  30 that had genealogical information on them that I would  31 sometimes utilize.  32 Q   You say "sometimes utilize".  You mean by that that  33 you got a piece of paper with genealogical information  34 on it from Mr. Sterritt and you would, according to  35 your judgment, use it or not use it?  36 A   Yes.  Often it was something that I already knew.  And  37 the majority came from people I had interviewed  38 myself, at any rate.  39 Q   Yes.  You have, of course, identified two cases in  40 which Mr. Sterritt was the interviewer and transmitted  41 the information to you and you used the information?  42 A   Yes, that's correct.  43 Q   And I take it from what you've just said that there  44 were others like that?  45 A   Yes, there were a few more.  And I don't remember  46 precisely which ones there were.  47 Q   You testified yesterday with respect to the 11423  H. Harris (for Plaintiffs)  Cross-exam by Mr. Goldie  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  significance of the abbreviation ASS, and your  evidence was at page 11406.  You said at line four,  and I quote;  "And my notation at the top, where it  says 'ASS', abbreviation for  'assimilated', that just means that I've  looked at this document and I've used  the useful information and have put it  into my dead file.  It does not mean  that I accepted everything on there and  put it on the genealogies, because as I  say, most information was confirmed by  more than one person."  And then at line 35.  A  Q  A  Q  A  Q  A  THE COURT  A  THE COURT  'A  Yes.  Oh, you were asked when you were finished with the  note would you put the assignation ASS or assimilated  on that note.  "A   Yes, I would.  Whether I had used the  information or not, it just denoted that  it should go to the dead file."  Is that statement applicable to any document in  which we find that abbreviation for assimilated or the  word assimilated itself?  If I wrote assimilated or the abbreviation that does  mean that I did look at that information.  Did you use it?  Not necessarily.  That's what I said yesterday.  Yes.  So it has no significance with respect to your  use of the information?  That's correct.  And that goes with respect to any document which has  in your handwriting those words?  That's correct.  :  So that abbreviation means two things.  Firstly,  that you used -- I'm sorry.  Firstly, that you looked  at it, and secondly, that it was to go to the dead  file?  Yes.  :  And it may mean, in addition to that, that you used  it? 11424  H. Harris (for Plaintiffs)  Cross-exam by Mr. Goldie  1 A   That's correct.  2 MR. GOLDIE:  3 Q   But there's no way of telling whether you used it or  4 not from the document itself?  5 A   That's correct.  6 Q   Now, you have stated that some of the documents in  7 Exhibit 868 are not Mr. Sterritt's?  8 A   Yes.  9 Q   Would you care to identify those?  10 A   Let's see.  I'm not sure if I can remember them all,  11 but number -- I don't think I can.  Oh, 94, I believe.  12 THE COURT:  Is that the stamp number 94?  13 MR. GOLDIE:  Yes.  It's on a separating page in the upper  14 right-hand corner with the 94.  15 Q   Yes, you say that's not Mr. Sterritt?  16 A   No, it's -- I believe it was from Linda Matthews who  17 worked at the tribal council office and had -- had a  18 genealogical discussion with her relatives and gave me  19 that piece of information.  2 0 Q   And what about the handwriting at the top left-hand  21 corner?  22 A   That's my handwriting.  23 Q   And what about the addition to the genealogy?  24 A   That's my handwriting too.  25 Q   Did that piece of information come to you through Mr.  26 Sterritt?  2 7 A   I don't remember.  I don't remember.  28 Q   Bits and pieces of information not necessarily his in  2 9 his handwriting would come to you through him, would  30 it not?  31 A   Information from him, but not in his handwriting.  32 Q   No information came to you through him from others?  33 A   Oh, yes.  34 Q   Yes?  35 A   Yes.  36 Q   All right.  Now, what does -- what are the others,  37 please?  38 A   I don't know if I can pick them out.  Oh, yes, I think  39 95.  4 0 Q   M'hm.  41 A   Yes, there's 95.  96 seems to me there was one other  42 like this that was on an index card, and these were  43 from Susan Marsden.  44 Q   Thank you.  The other handwriting being yours?  45 A   Yes.  Oh, yes.  Oh, pardon me.  101.  That was the  46 other index card that came from Susan Marsden.  47 Q   Right. 11425  H. Harris (for Plaintiffs)  Cross-exam by Mr. Goldie  1 A  And 102, two pages, that also was from Susan Marsden.  2 And 104.  3 Q   Just before you leave 102, when Mrs. Marsden says  4 under heading "References" "Names from Halpin", to  5 what does she refer, please?  6 A   I'm not -- that would be Marjory Halpin's works, and  7 I'm not exactly sure what works she is referring to.  8 Q   You yourself are not familiar with those works?  9 A   I believe it's Halpin's thesis.  I forget what it's  10 called.  Something -- it has to do with Tsimshan  11 crests.  12 Q   M'hm.  And this was something that you'd requested  13 Mrs. Marsden to do for you?  14 A   No, no.  This is something she just gave to me because  15 it was something she had worked on.  She thought it  16 might be useful to me.  17 Q   And you have at the top "ASS".  Does this mean you  18 looked at it and discarded it, or you looked at it,  19 used it and discarded it?  20 A   I couldn't say.  I already knew what was on it from  21 other sources, or whether it was the first time I had  22 seen it.  Some of it is possible it was the first time  23 I had seen it, because it was fairly early in my  24 research that she gave me this.  But certainly  25 everything I see on there has been confirmed to me --  26 of the part that's useful to me has been confirmed to  27 me many times.  28 Q   And there are question marks placed on certain places.  29 Again, on page one under heading "References"  30 "Dawamuxw (Charlie Clifford)".  Is that your question  31 mark?  32 A   No, that's Mrs. Marsden's.  Dawamuxw is Charlie  33 Clifford.  Maybe she wasn't positive.  34 Q   Over the next page heading "Co-chief or Sub-chiefs" in  35 the second batch of material in the centre column  36 "This could be Sally Hindle's name" and question mark.  37 The question mark, you see where that is, is that  38 yours or hers?  39 A   No.  That's Mrs. Marsden's, I believe.  40 Q   All right.  Let's go on.  41 A  And 104 is from Mrs. Marsden.  42 Q   Thank you.  Now, again, is that your handwriting with  43 the words "Assimilated on geology"?  44 A   Yes.  45 MR. GRANT: Genealogy.  46 MR. GOLDIE:  47 Q   Genealogy. 11426  H. Harris (for Plaintiffs)  Cross-exam by Mr. Goldie  1  A  2  Q  3  ]  4  A  5  Q  6  7  A  8  Q  9  A  10  Q  11  12  13  A  14  15  16  Q  17  A  18  Q  19  A  20  21  22  23  Q  24  25  A  26  Q  27  A  28  Q  29  A  30  31  Q  32  A  33  Q  34  A  35  36  Q  37  A  38  Q  39  A   '  40  MR. GOLDIE  41  1  42  MR. GRANT:  43  MR. GOLDIE  44  MR. GRANT:  45  1  46  47  Yes, that's correct.  And is it your recollection you got this directly from  Mrs. Marsden or through Mr. Sterritt?  No.  It came directly from Mrs. Marsden.  Then there are some additional words on the right-hand  side.  Is that in your handwriting?  Chris Mark, Peter Williams, et cetera?  Yes.  Yes.  Yes, that's my handwriting.  Now, I referred you to the words "Assimilated on  geology" -- "on genealogy".  Does that mean you used  it?  Yes, I believe that I did have some information here  that I hadn't heard of at that time.  But certainly  it's been reconfirmed, all of this.  And would you go on, please.  The little note that's on 105 I don't —  Yes.  I believe that may have been from Susan Marsden as  well.  I'm not positive.  And I'm pretty sure it  wasn't Neil Sterritt's.  Just a little list with five  names on it.  And that's your handwriting with the word  "Assimilated"?  Yes.  All right.  Proceed, please.  Number 108.  Yes.  That is Tonia Mills' notes.  And it entirely refers to  the Wet'suwet'en, so it's not used in my --  Is whose notes, please?  Tonia Mills.  Oh, yes.  And it entirely refers to the Wet'suwet'en so it's not  used in my --  Is that your handwriting "Assimilated on genealogy"?  Yes.  And you were referring to what genealogies?  Wet'suwet'en genealogies.  :  Was that included in the material we got the other  day, Mr. Grant?  What's that?  :  Wet'suwet'en genealogies?  There was an entire file -- there was an entire file  delivered which was labelled, or batch which was  labelled "Wet'suwet'en Genealogies".  This particular  item obviously came out of that. 11427  H. Harris (for Plaintiffs)  Cross-exam by Mr. Goldie  1 MR. GOLDIE:  No.  I'm talking about have we received genealogies  2 for the Wet'suwet'en?  3 MR. GRANT:  You received genealogies for the Wet'suwet'en with  4 respect to the witnesses that were cross-examined.  5 Those have been delivered, I believe, my lord.  6 MR. GOLDIE:  7 Q   And you prepared those genealogies, Mrs. Harris?  8 A   I did some preliminary research.  And I didn't do the  9 final ones.  10 Q   And whose handwriting is the word "Correction of  11 genealogy" in the centre of that page there?  12 A   I don't know.  I assume it's Tonia Mills.  13 THE COURT:  What is that first name; Connie?  14 A   Tonia.  T-O-N-I-A.  15 THE COURT:  Thank you.  16 A   Those are the ones I remember offhand that are not  17 Neil Sterritt's in this blue book.  18 MR. GOLDIE:  19 Q   Thank you.  You agree with me all of the documents,  20 whoever their author may be, came from your material?  21 Was in your files?  22 A   There's a few I don't remember seeing, but most of  23 them --  24 Q   I see.  25 A   -- Are certainly from my files.  26 Q   The -- I had one other question arising out of Mr.  27 Grant's examination.  You said at page 11404, line 42,  28 "So in actual fact, what Mr. Sterritt gave to me was a  29 very small contribution to my research."  Is that  30 because the information he gave you was unreliable?  31 A   No.  No.  It's because an awful lot of it was  32 information that I already had at the time he gave it  33 to me.  He was religious about writing things down and  34 so he would hand me pieces of paper quite often which  35 we see here, but by the time he handed it to me I had  36 often already interviewed the same people and had the  37 information.  38 Q   Was his information treated by you as confirmation of  39 information you already had?  40 A   Yes.  When it was the same, yes.  41 Q   It served as confirmation?  42 A   It could, yes.  43 Q   Yes.  Thank you.  I ran across this document.  I want  44 to show you a document which is headed "Peter Grant  45 notes from Peter Alfred Mediik".  Is that your  46 handwriting?  47 A   Yes, it is. 1142?  H. Harris (for Plaintiffs)  Cross-exam by Mr. Goldie  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  THE  MR.  THE  MR.  Q   And does that indicate that Mr. Grant was your  informant?  A   It would indicate these were notes that he took at a  meeting with Peter Alfred.  Q   And the wording "Assimilated" --  COURT:  Excuse me, Mr. Goldie.  GOLDIE:  Pardon, my lord?  COURT:  Excuse me a moment.  Even though there's no  objection, as I understand the authorities I'm bound  to prevent anything from being used if it's  privileged.  Is there any question of privilege here?  This particular document that my friend has shown me  is a -- as I would recall, would be one of -- would be  a note of this witness in her files which we have  disclosed.  If my friend wished to go to my notes,  that is my own notes, then I would object to that  because that -- I would state that would be  privileged.  But that's not been disclosed.  And in  fact --  COURT:  You're not troubled by it?  GRANT:  I'm not troubled by this single page.  No, I'm not,  my lord.  All right.  Thank you, Mr. Goldie.  THE  MR.  THE  MR. GRANT  COURT:  GOLDIE:  Q   Do the words, and I quote, "Assimilated on genealogy"  indicate that information was noted, used and put to  the dead file, or what?  A   One and three.  I'm not sure if it was actually used.  Why they sometimes say "Assimilated on genealogy",  that means as opposed to a list of house names I kept  as well that you sometimes see in the file.  Q   Again, it's no indication in itself of use?  A   That's correct.  MR. GOLDIE:  Thank you.  Could I have that marked, my lord.  THE COURT:  Yes.  THE REGISTRAR:  The next number is 870.  (EXHIBIT 870:  Document headed  Peter Grant notes from Peter Alfred)  MR. GOLDIE:  Q   Mrs. Harris, just arising out of that, have you told  us who all of your informants are besides the elders  and hereditary chiefs?  Were there any laymen or  people through whom you received information that  would not fall within the category of chiefs or  elders? 11429  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  A  Q  A  Q  A  Q  A  Q  A  Q  A  H. Harris (for Plaintiffs)  Cross-exam by Mr. Goldie  Re-exam by Mr. Grant  A   Some of the people on the list were younger people --  Q   Yes.  -- Such as Linda Matthews.  Yes.  Who was a house member.  Some were in that position.  And Susan Marsden was an informant?  I believe she was on the list.  Yes.  And Mr. Sterritt, of course, was on the list.  Yes.  Yes.  All other people and everybody else would fall within  the category of Gitksan elders, chiefs or younger  house members?  The vast majority -- I hadn't remembered that little  note from Mr. Grant, but certainly virtually all the  rest would fall into those catagories.  MR. GOLDIE:  All right.  Thank you.  That completes my  cross-examination.  THE COURT:  Thank you.  Ms. Koenigsberg?  MS. KOENIGSBERG:  No, I have no cross-examination.  THE COURT:  All right.  Mr. Grant.  RE-EXAMINATION BY MR. GRANT:  Q   I just want -- my lord, could you look at tab 107.  I  shouldn't say tab 107, but document 107 in the blue  book.  And what does that document relate to?  It was notes that Neil took from a tape of an  interview with Alfred Joseph.  And does it relate to the Gitksan genealogy?  It's mainly concerned with the Wet'suwet'en.  Can you look at tab number 12 -- I'm sorry.  Start  with tab number ten.  And I'd like you to compare tab  number ten and tab number 11.  And can you explain  what -- what these two documents are?  Do they have  any relationship to each other?  The second one is a photocopy of the first one with a  few additional notes made on it.  Tab number 12, and what is that?  This is a record of a house meeting.  I'm sorry.  Record of a house meeting.  A  Q  A  Q  A  Q  A  THE COURT  A  GRANT  Q  A  Q  MR.  And tab number 14?  It also is a record of 'Wii Hlengwax's house meeting.  Did you receive notes of house meetings from  persons -- I'm not talking about these two, but of 11430  H. Harris (for Plaintiffs)  Re-exam by Mr. Grant  1 house meetings of persons other than Neil Sterritt?  2 A   I attended most of the house meetings myself, I  3 believe, and I may have received house meeting notes  4 from Susan Marsden as well.  5 Q   Okay.  Tab number four.  Did you rely on this material  6 for your work?  7 A   This is -- this was -- a lot of this was speculation  8 on Neil's part and certainly nothing that could be put  9 on a genealogy.  Parts of it are fairly solid  10 information that was related to me by David Gunanoot  11 directly, but parts of it are speculation for work  12 Neil was doing of his own.  13 Q   On the bottom left corner there it says "Esther  14 Medeek, gisgaast in William Jackson's house of  15 Kisgagas".  Do you have independent knowledge of this  16 other than this note?  17 A   Oh, yes, many times.  18 Q   Tab number eight, did you utilize use this  19 information?  20 A  Again, a lot of this is speculation, and part of it I  21 definitely confirmed to the contrary.  Part of this I  22 was definitely not correct.  23 Q   Can you just -- can you see an example of that that  24 you could just --  25 A   Yes, I can.  Where the arrow points that says "Confirm  26 this with Neil" I went back to Neil and asked him  27 about this, and then I later talked to -- I'm sorry.  28 I'll refer to what it says there.  It says Gyolugyet  29 is the brother of Luus.  That seemed very odd, because  30 I thought they were quite distinct houses.  I had  31 never known them to be one house at any point in  32 recent history.  And then I took that information to  33 other informants such as Mary McKenzie and she  34 definitely said that this wasn't correct.  35 Q   Tab 22, what does that relate to?  36 A   This is the feast of a Kitwancool chief.  37 Q   Yes.  38 A  And there's -- there is -- these lists don't have any  39 genealogical information on them.  Usually these feast  40 recordings, which appear several times in Mr.  41 Sterritt's notes, the only place where any kind of a  42 feast list would be useful is to give me an English  43 name and chief's name together, and that might be new  44 information to me, but this one is a Kitwancool feast,  45 at any rate.  46 Q   Did you utilize that -- any information from that?  47 A   Not that I remember. 11431  H. Harris (for Plaintiffs)  Re-exam by Mr. Grant  1  Q  2  3  4  5  6  MR.  GOLDIE  7  MR.  GRANT:  8  9  10  A  11  12  THE  COURT:  13  MR.  GRANT:  14  A  15  MR.  GRANT:  16  THE  COURT:  17  A  18  19  20  21  22  23  24  25  26  27  MR.  GRANT:  28  Q  29  A  30  31  32  Q  33  THE  COURT:  34  A  35  MR.  GOLDIE  36  37  38  A  39  MR.  GRANT:  40  Q  41  42  43  44  45  A   '  46  47  Okay.  Tab 34.  And I'll be referring to a sequence at  tab 34 through to tab 44.  Can you explain that --  that sequence of documents?  They actually are  numbered sequentially.  Although, each page is grouped  separately it seems to be a sequential number.  :  Which numbering are you referring?  The number on the top of the actual page itself.  Starting with 126 and tab 34 and it goes through to  page 151, tab 44.  This is a section of -- I believe it's a different  notebook of Mr. Sterritt's, and he was --  I'm sorry.  We're starting at 33 or 34?  34, my lord.  34.  Yes.  Start at a sideways page.  Yes.  And he gave me this section of his notebook because he  thought it might have some genealogical information  I'd be interested in, but it was mostly investigation  of the nature that was particularly of his concern.  I  believe many of these people are people who are  related to him.  And I don't believe I ever found the  time to even look at it, because it was not -- it was  his particular area of interest so it was not  something I was particularly concerned with at the  time.  Is that relating to this whole group?  This whole section, yes.  He gave it to me together.  Photocopied how many ever pages this was out of his  notebook.  Page 126.  You say it continues to where?  Tab 44, my lord, inclusive.  :  Well, the -- there are a variety of informants and  the dates are not all the same.  For instance, under  tab 36 the informant is said to be Mary McKenzie.  I didn't say it was the same informant, it was just --  Your comments -- you were looking at tab 34 and your  comments with it, do they apply to all of the material  in this book from page 126 to 151 which my friend has  grouped apparently under informants, but it's grouped  under tabs 34 to 44 of Exhibit 868?  When I say he was investigating I don't know what it  was particularly that he was investigating, but it was  things that were of particular concern to him.  And, 11432  H. Harris (for Plaintiffs)  Re-exam by Mr. Grant  1  2  ]  3  4  5  6  7  MR.  GRANT:  8  THE  COURT:  9  A  10  11  12  13  14  MR.  GOLDIE  15  THE  COURT:  16  MR.  GRANT:  17  Q  18  19  A  20  21  22  23  Q  24  A  25  26  27  28  Q  29  A  30  31  32  33  34  Q  35  i  36  A  37  38  39  i  40  41  42  43  44  45  Q  46  47  A  as I say, it was not high on my agenda. And I believe  many of these people were related to him and it was  his own family that he was interested in. And I don't  believe I ever had the time to take this apart and put  it into the appropriate house files. It's exceedingly  time consuming to do that.  I said 33 to 34.  It's 34 to 44 inclusive.  Yes.  But an awful lot of it is about Herbert Morrison who  is not, from my perspective, a significant person.  And I don't -- I'm not positive if Herbert Morrison  was a relative of Neil's.  Possibly, and that's why he  was interested in it.  :  Well, that's speculation, my lord.  M'hm.  Tab 77 to 78.  I should say tab 77 and 78.  Do you  know what this document is?  It's a list of names that belong to a house.  And I  see it says "'Wii K'aax" at the top in my handwriting.  The same two pages appear again in -- in the white  book and --  That's at the end of the fourth tab in the white book?  Yes.  The very last two pages of the white book are  the same as these two pages here, 77 and 78, in the  blue book.  And there's no genealogical information on  them.  I don't --  Do you know whose -- whose notes these are?  I'm not certain.  This is more the kind of information  that comes from Susan Marsden and I don't -- I'm not  positive.  The writing's kind of similar.  And I'm not  positive with this one if it was from Susan Marsden or  from Mr. Sterritt.  Tab 88.  You have tab 88.  And did you use any of the  data from that little cut out page?  No.  The first part of it was related to a mistake  that was made in Barbeau that sent many of us on a  wild goose chase trying to figure out which Mrs. Jimmy  Williams was Miluulak.  And Neil looked into it, I  looked into it, and Susan Marsden looked into it, and  we concluded it couldn't possibly be so.  And then the  second note doesn't give any genealogical information.  It tells us what clan somebody is from, but you can't  put that on a genealogy.  Number tab 91.  Is this -- where is this from, these  six words on tab 91?  That's a little piece of the number ten notebook. 11433  H. Harris (for Plaintiffs)  Re-exam by Mr. Grant  1  Q  2  3  THE  COURT:  4  MR.  GRANT:  5  THE  COURT:  6  MR.  GRANT:  7  Q  8  A  9  10  11  12  THE  COURT:  13  MR.  GRANT:  14  THE  COURT:  15  MR.  GRANT:  16  Q  17  18  A  19  Q  20  21  A  22  THE  COURT:  23  MR.  GRANT:  24  Q  25  A  26  Q  27  A  28  Q  29  A  30  MR.  GOLDIE  31  32  33  34  THE  COURT:  35  MR.  GOLDIE  36  MR.  GRANT:  37  Q  38  A  39  40  41  Q  42  A  43  44  Q  45  A  46  Q  47  A  103.  This is the one between the Susan Marsden  material?  I'm sorry.  Number 93?  103, my lord.  Thank you.  Is this from the field book of Mr. Sterritt's?  I believe it is.  It's the only one I remember  chopping to pieces like that, but it's not usable the  way it is because it doesn't refer me to any  recognizeable person or house.  Just a minute.  I haven't found it yet.  Oh, here --  It starts with "Jacob".  Yes, I have it.  Just with respect to the white book, and the third  part of the white book which -- the first page.  Yes.  That handwriting there that is faint, but there  appears to be a chart on the left-hand column.  This is the one with the preface, my lord.  Oh, yes.  Thank you.  Whose handwriting is that in?  It's in my handwriting.  And then I'd ask you to look at pages 3-  Yes.  And whose notes are those?  Those are my notes.  :  My lord, those came to us under that  33-9 on that.  cover, "Neil  The pink  the  Sterritt Jr. Personal Names and Chiefs",  page, my lord, is a photocopy of the cover  cover that we received.  "Neil J. Sterritt's Personal Names and Chiefs"?  :  Yes.  And then 310 through 316, do you know what those are?  Yes.  This is notes that Neil took from headstones in  Gitanmaax and Kispiox, which I had done independently  and much more completely than these.  Did you rely on this, Neil's notes?  I doubt if I bothered to look at it since I had done  it very completely myself.  Okay.  317?  That is from Glen Vowell headstones.  Did you use that?  No. 11434  H. Harris (for Plaintiffs)  Re-exam by Mr. Grant  1  Q  2  A  3  4  Q  5  A  6  MR.  GOLDI  7  8  9  10  THE  COURT  11  12  13  MR.  GOLDI  14  15  THE  COURT  16  MR.  GRANT  17  18  19  20  21  THE  COURT  22  MR.  GRANT  23  Q  24  25  26  A  27  THE  COURT  28  A  29  MR.  GRANT  30  Q  31  32  33  34  35  36  37  38  MR.  GOLDI  39  40  THE  COURT  41  42  43  MR.  GRANT  44  45  THE  COURT  46  MR.  GRANT  47  Q  318?  This is my genealogy.  And it is concerned with Neil's  relatives, but it's my work.  This would be your writing, in other words?  Yes.  EI:  My lord, there isn't any question about  identification of the white book.  It is precisely as  was given to us as referred to in appendix A of her  report.  :  Well, I think that's common ground, Mr. Goldie.  Can  Mr. Grant not in proper re-examination, it having been  put in, have it explained?  EI:  But it's not being tendered as Mr. Sterritt's  notes .  :  I understand that.  Yes.  :  I understand it's being tendered as it's labelled  "Material delivered to the defendants in response to a  request".  What was listed as appendix A was Neil  Sterritt's name list.  That's what it is.  I only  asked the witness to explain it.  :  I think you're entitled to ask what it is.  And just -- just to the end of the white book, the  last two pages, is this what you were referring to at  number 77 and 78 of the blue book?  Yes.  :  Are they the same thing?  Yes, as in the blue book.  In the blue book if you took out the -- if you took  out Neil's field book references, the ones that are  cut out of that one field book and you took out the --  his notes of those two house meetings, and you took  out the notes of other people other than Neil, how  many independent pieces of -- that is pieces of paper  or notes from Neil that were not in his field books  did you find in the blue book?  EI:  Well, I object to that question.  That's a matter  of argument.  :  Is it -- is the trial of these issues advanced in  any way by what the witness says in that regard?  Surely you can --  :  Very marginally.  I don't think I have to pursue it,  my lord.  :  No, I don't think you do.  Would you agree that this blue book contains the 11435  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  MR.  A  GRANT  H. Harris (for Plaintiffs)  Re-exam by Mr. Grant  extracts from Neil Sterritt's notes, or is it more  than that?  More than that.  I'd ask that this be relabelled for the record,  Exhibit 868, with the deletion of "Re:  Neil J.  Sterritt's Notes", because that is not what that  document reflects that it is a large part of, and that  it be "Extracts from Heather Harris' Documents  received January 9th, 10th, 12th and 13th, 1989", and  that's how that document be marked, and my friend can  argue --  GOLDIE:  I have no objection to adding the title "Re:  Neil  J. Sterritt's Notes and Others".  COURT:  All right.  GOLDIE:  She has identified eight as authored by other than  Sterritt.  Yes.  All right.  I've so marked it.  We are not  overly impressed with labels any more in these  matters, Mr. Grant.  I just have one or two more questions, my lord.  Yes.  MR.  THE  MR.  THE COURT  MR.  THE  MR.  GRANT  COURT  GRANT  Q  MR.  THE COURT  MR.  MR.  MR.  Did you -- in your research did you solicit  information from Neil --  A   No.  Q   — Sterritt?  GOLDIE:  I object to that, my lord.  That's going beyond the  cross-examination resulting from his examination in  chief yesterday.  She listed Mr. Sterritt as an  informant, and the questions that were directed to her  yesterday were based on that basis.  Unless you're seeking to impeach Mr. Sterritt, Mr.  Grant, I'm sure that's not your purpose, then it  doesn't seem to me it matters whether she got the  information from Mr. Sterritt as a volunteer on his  part or by solicitation from him.  GRANT:  Q   In the blue book you've had an opportunity last  evening to briefly review it; is that right?  A   Yes.  Q   And just dealing with the Sterritt material in the  blue book, does it contain information other than  genealogical information which you -- other than  genealogical information?  A   Yes, it does.  It has territorial information.  GOLDIE:  She said that a number of times.  GRANT:  Not with respect to the blue book. 11436  H. Harris (for Plaintiffs)  Re-exam by Mr. Grant  Proceedings  MR. GOLDIE:  She said it a number of times with respect to the  blue book both in her examination in chief and in her  cross-examination.  MR. GRANT:  Thank you, very much, Ms. Harris.  THE COURT:  Thank you.  You're excused now, Mrs. Harris.  (WITNESS ASIDE)  9 THE COURT:  Anything else then?  10 MR. GRANT:  Well, my lord, just one thing.  I believe my friends  11 have been informed of this, and Mr. Rush advised me  12 last night that the court wasn't, and that is I  13 believe the witness, and I'm going from memory now, I  14 think it is the witness after Mr. Daly, Dr. Daly, has  15 been disclosed to my friends.  That will be Dr.  16 Antonia Mills.  And the court -- I don't believe that  17 was mentioned in court.  18 THE COURT:  Dr. Daly is next, and he will be two weeks?  19 MR. GRANT:  No.  Next on February 6 is Dr. Kari, K-A-R-I.  2 0 THE COURT:  Right.  21 MR. GRANT:  And he is a linguist.  And that's the Kari we dealt  22 with in the Rigsby material.  2 3 THE COURT:  Yes.  24 MR. GRANT:  And then he would be one week, and there would be  25 two weeks down as directed by you last November.  2 6 THE COURT:  Yes.  27 MR. GRANT:  And then Dr. Daly would be two weeks.  2 8 THE COURT:  Yes.  29 MR. GRANT:  And I have received confirmation from Mr. Willms  30 that unless there is -- unless there is other  31 documents which he hasn't received he anticipates that  32 will be sufficient time.  And I have not confirmed  33 that with the federal defendants.  And then after him  34 is Dr. Antonia Mills, and he would be in the week --  35 she would be in the week immediately following.  So we  36 would actually be --  37 THE COURT:  And her discipline?  38 MR. GRANT:  Anthropology.  3 9 THE COURT:  Yes.  40 MR. GRANT:  And she deals with Wet'suwet'en.  She would deal  41 with Wet'suwet'en, my lord.  42 THE COURT:  Yes.  43 MR. GOLDIE:  I should point out that we have yet to receive  44 confirmation that we've got all of Dr. Daly's  4 5 documents.  46 THE COURT:  Mr. Grant, I'm going to suggest for your  47 consideration, and you can have discussion with your 11437  Proceedings  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  MR. GRANT  THE  MR.  THE  MR.  THE  COURT  GRANT  COURT  GRANT  COURT  MR. GRANT  THE COURT  colleagues, that as I see it we have ten witnesses to  go.  From the last information I was given in the  plaintiffs' case I was told 12, and we've now  completed two of them.  And we have five months to the  end of -- end of June.  That would be two witnesses a  month.  And I would like to think that we might finish  the plaintiffs' case by the end of June.  I believe -- I can't recall the transcript.  I know  at the pretrial -- I wasn't present -- that you raised  this, and I believe that Mr. Rush advised you that  that was our intent.  And that is still our intention.  M'hm.  And I think also you requested that as of February 6  you would like myself or Mr. Rush to report to you on  the subsequent scheduling.  Yes.  And we'll be prepared to do that if you wish that.  I've just been giving some more thought to it,  because at the time when we had the conference in  early January there was some doubt about whether the  case would be finished by the end of June.  That is  the plaintiffs' case.  I want to say I think we have  to assert every possible effort to do so.  If it means  extra sittings we'll have to pursue that.  Subject to circumstances beyond our control, which  Mr. Rush will speak to on February 6, that is our  intent, that is hopefully -- or objective.  I saw  correspondence between counsel, or Mr. Goldie referred  to it a week ago, and he felt the same.  May I raise another matter.  It's outside the bounds  of this case.  (DISCUSSION RE OTHER MATTERS)  is it  THE COURT:  All right.  Thank you.  We'll adjourn  February 6th?  THE REGISTRAR:  February 6th, my lord.  THE COURT:  Thank you.  THE REGISTRAR:  Court will adjourn until 10:00 a.m., February  6th. 1143?  Proceedings  1       (PROCEEDINGS ADJOURNED TO FEBRUARY 6, 1989 AT 10:00 a.m.)  2  3 I hereby certify the foregoing to be  4 a true and accurate transcript of the  5 proceedings herein to the best of my  6 skill and ability.  7  8  9  10 Peri McHale, Official Reporter  11 UNITED REPORTING SERVICE LTD.  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47

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