Winters Deposition, pp. 151-180
1       STATE OF ILLINOIS       )
                                )       SS:
2       COUNTY OF COOK          )

3       IN THE CIRCUIT COURT OF COOK COUNTY
        COUNTY DEPARTMENT       LAW DIVISION
4
        JAMES WINTERS,                          )
5                                               )
                Plaintiff,                      )
6                                               )
        VS.                                     )       No. 82 L 14410
7                                               )
        ANDREW GREELEY,                         )
8                                               )
                Defendant.                      ) 
9

10              The discovery deposition of JAMES WINTERS, 

11      taken under oath on the 1st day of July, 1985, in 

12      Room 1200, at 111 West Jackson Boulevard, Chicago,

13      Illinois, pursuant to the Rules of the Supreme 

14      Court of Illinois and the Illinois Code of Civil 

15      Procedure, before Linda McMahon, a notary public 

16      in and for the County of Cook and State of Illinois,

17      pursuant to notice.

        APPEARANCES:
18
                WILLIAM D. MADDUX & ASSOCIATES, by
19                      MR. BRUCE M. LANE,
                                for the plaintiff,
20
                MAYER, BROWN & PLATT, by
21                      MR. PATRICK W. O'BRIEN and
                        MS. HOPE G. NIGHTINGALE,.
22                              for the Defendant.

23

24
                       Sullivan Reporting Company
                      Chicago, Illinois   782-4705
PART 6: PP. 151-180

1       have some rights in the matter, too.
2               Q       Did you ever run across anyone else that
3       said Father Greeley was crazy?
4               A       Sick was the term I heard.
5               Q       Sick?
6               A       Yes, sir.
7               Q       Crazy was Kennedy. Sick, who said he was
8       sick?
9               A       Father Hesburgh, Dick Conklin, Father
10      Burtchall, Father Egan used the terminology
11      megalomania, and implied that he was paranoid.
12              Q       Monsignor Egan.
13              A       He goes by Father. Monsignor is his church
14      title.
15              Q       Anybody else?
16              A       Not to my recollection.
17              Q       Now, this last group of people you named,
18      sir,    were    mostly connected, as I recall, with Notre
19      Dame    University, were they not?
20              A       Yes, several.
21              Q       And you would not print such comments in
22      the Notre       Dame Magazine, would you, attributing to
23      Father Hesburgh the statement you just attributed to
24      him,    or any of the others, you wouldn't write that up
                                        151

1       in the Notre Dame Magazine, would you?
2               A       Father Hesburgh was speaking to me in a
3       private conversation.
4                               He was not speaking to me on the record,
5       or off the record. It was a private conversation.
6       It was a business conversation.
7               Q       That is not my question. Would you print
8       that sort of thing in the Notre Dame Magazine?
9               MR. LANE:       I don't think you gave him a chance
10      to answer.
11              MR. O'BRIEN: Q The answer is no, and explain it.
12              MR. LANE: He could explain it and then answer
13      yes or no,      It doesn't have to be in the order you
14      prefer.
15              THE WITNESS: You are asking a hypothetical
16      question about sorts of things. We print all sorts
17      of things.      We print many articles a year.
18              MR. O'BRIEN: Q When did you talk to Father
19      Hesburgh where he expressed that opinion you just said
20      he did?
21              A       on August 4, 1980.
22              Q       Where did that take place?
23              A       In Father Hesburgh's office.
24              Q       And who was present?
                                        152

1               A       I was and he was.
2               Q       How did the meeting come about?
3               A       His secretary called me that morning and
4       asked that I come and see Father Hesburgh at 3:15 that
5       afternoon.
6               Q       3:15 on August 4, 1980?
7               A       That's correct.
8               Q       Had you ever had a private conversation with
9       Father Hesburgh prior to August 4, 1980?
10              A       I had met him.
11              Q       I mean, yeah, you sat down with him and had

12      a talk with him about any subject?

13              A       I interviewed him, just the two of us once.
14              Q       For the Magazine, the Notre Dame Magazine?
15              A       Yes, sir.
16              Q       Apart from that?
17              A       No, sir.
18              Q       Okay. How long were you at Father Hesburgh's
19              A       An hour and a half.
20              Q       Was anyone else present?
21              A       No.
22              Q       Did you transcribe that conversation?
23              A       Did I transcribe it?
24              Q       Did you record it?
                                        153

1               A       No, sir.
2               Q       Did he?
3               A       Not to my knowledge.
4               Q       All right.      Could you give us, sir, the
5       substance       of      what Father Hesburgh said and what you
6       said    on August 4, 1980 in Hesburgh's office?
7               A       Okay. Can we take a break here?
8                                       (Whereupon, a short
9                                       recess was taken.)
10              MR. O'BRIEN: Q I believe we were, sir, at your
11      meeting with Father Hesburgh, on August 4 and in.
12      Father Hesburgh's office at approximately       3:15 p.m.,
13      involving just yourself and Father Hesburgh.
14                              Would you give us the substance of what
15      Father Hesburgh said on that occasion and what you
16      said?
17              A       It actually began at 3:30. It was
is      scheduled for 3:15, but it was pushed back to 3:30.
19                              I mean he just didn't see me until
20      3:30.
21                              He mentioned that he had been out of
22      the country and had been in Cambodia and that he had
23      a cold. And he said he had been in a lot of time
24      zones and things.
                                        154

1       Then he told me that he had received
2       this letter from Father Greeley. "As you know," --
3       he said -- "I have gotten this letter from Greeley."
4               Q       Excuse me just a minute. He showed you a
5       letter?

6               A       He just picked it up, or he referred to a
7       letter from Greeley. And he said, "I have been talking
8       to Greeley about this. I have talked to Bernardin
9       and I have talked to Greeley, and I am expecting a
10      call, and I just thought I have talked to everybody
11      about this but you, and I wanted to hear what you had
12      to say about this."
13              Q       When he said "this," what is the "this,"
14      can you describe the "this,-" what is the subject
15      matter of the conversation?
16              A       I assume it was the letter that he had
17      received from Greeley, which I assume was a copy of
18      the letter Greeley had sent to Ron Parent, since he
19      had copied in Father Hesburgh on that letter.
20              Q       So what did he say? Try not to summarize.
21      Try to give us the substance of what he said.
22              A       He told me he wanted to hear what I had to
23      say. So I told him that I had decided to write this
24      article about Father Greeley, as he knew.
                                        155

1                               Are you going to listen?
2               Q       Yes, I am listening.
3               A       I said I had decided to write this article
4       about Father Greeley, which he knew, because I had
5       asked him       some questions through a letter.
6               Q       Asked who some questions through a letter?
7               A       Father Hesburgh.
8                               And I said that I have gone out to
9       interview       Father Greeley in March, that in the course
10      Of my interviews he had brought up his archives.
11      I said that I would like to visit his archives, and
12      he had said okay, and I said I did go out to visit
13      the archives several months later in July; that I
14      had the full cooperation of the people who were
15      responsible for the papers at Rosary College; that
16      I had gone through the so-called archives.
17                              I said they were not archives. There
18      were 18 file boxes and papers very loosely put
19      together.
20                              I said I had gone through them carefully
21      and had made several hundred copies of material in
22      those files.
23                              And that was the essence of it.
24              Q       You said you made several hundred copies,
                                        156

1       you mean you copied several hundred pages?
2               A       Altogether there were several hundred copies,
3       I made one copy of each page that I wanted. It had
4       added up to several hundred.
5               Q       And you made these copies at Rosary College,
6       did you not?
7               A       Yes.
8               Q       And did you tell Father Hesburgh that you
9       also    took    from Rosary College from these boxes some
10      tapes?
11              A       No.
12              Q       But you did, didn't you?
13              A       I did.
14              Q       And you took certain tapes in Greeley's
15      boxes, the so-called archives, to the Notre Dame
16      campus?
17              A       I did.
is              Q       And there you copied them, did you not?
19              A       No.
20              Q       What did you do with them, the tapes?
21              A       I listened to them and made a partial
22      transcription of them.
23              Q       Partial transcription?
24              A       That's correct.
                                        157

1               Q       Did you tell Father Hesburgh where those
2       tapes that you had removed from Father Greeley's
3       archives at Rosary were on August 4, 1980?
4               A       No.
5               Q       Where were they on August 4, 1980, the date
6       of the conversation?
7               A       In my office.
8               Q       So they had been there ever since, when,
9       July sometime?
10              A       That's right.
11              Q       okay. You did not tell Father Hesburgh
12      that?
13              A       I did not.
14              Q       Would you please carry on with the
15      conversation?

16      How many tapes did you take,
17      incidentally?
18              A       Ten.
19              Q       Do you recall the labels of those tapes?
20              A       one said "Pope I" and one said "Pope II."
21      Roman Numeral II. That is about it. That is all I
22      remember as far as labels.
23              Q       Did you tell the Sister custodian, whatever
24      her name was, that you were removing the tapes from
                                        158

1       the library from the archives?
2               A       No.
3               Q       So back with Father Ted.
4               A       He gave me this opportunity to fill him in
5       on the details so I did.
6                               And he said, "Jim, there is only one
7       thing we can do, and that is to send it all back."
8       And he gave three reasons for that.
9               Q       What were they?
10              A       He said, "It is not for the Magazine. We
11      don't do exposés."
12              Q       We don't do what?
13              A       Exposés.
14                              He said,        "At Notre Dame we don't hurt
15      people."        And he said, "Father Greeley is a sick man."
16              Q       Now, sir. had you told him about -- you had
17      not told him about the ten tapes that you physically
18      removed.
19                              Did you tell him about the stuff you
20      copied; you did tell him that?
21              A       Yes.
22              Q       And when he said "return," you understood
23      him to mean, did you not, return the copies that you
24      had made?
                                        159

1               A       I said, "I really cannot return them."
2       One of the things I said in the course of this
3       conversation was, "I really cannot return them to
4       Greeley because Greeley never had these copies."
5               Q       What do you mean by that, sir?
6               A       Greeley had never had physical possession
7       in any way of the copies that I had made at Rosary
8       College.
9               Q       His originals were his, were they not?
10              A       They were and his originals were still at
11      Rosary College. I had no immediate access.
12              Q       What did Father Hesburgh say about that,
13      your position on the Xerox copies you made of Greeley's
14      work?
15              A       I don't recall.
16              Q       Since he did not know about the tapes,
17      correct, Father Hesburgh?
18              A       To my knowledge, I didn't tell him.
19              Q       So the only thing he knew about was what you
20      copied?
21              A       The copies.
22              Q       And what Father Hesburgh said was, return
23      the material?
24              A       He said to return the material.
                                        160

1               Q       And he meant it. He couldn't have meant
2       anything other than the copies, could he, that is
3       all he was talking about?
4               A       That's right.
5               Q       Did you return the copies?
6               A       Yes.
7               Q       And did you tell Father Hesburgh that you
8       would return the copies?
9               A       No.
10              Q       Did you make copies of the copies before you
11      returned the copies?
12              A       Yes.
13              Q       So, when you returned the Copy 1, you
14      retained Copy Set 1 -- you retained Copy Set 2?
15              A       That is correct.
16              Q       which was identical in every respect to
17      Copy Set 1?
18              A       That's correct.
19              Q       And, therefore, when you told Father
20      Hesburgh that you -- you didn't tell him you
21      returned anything?
22              A       That's correct.
23              Q       Would it be a fair characterization by
24      returning       Copy 1 and retaining Copy 2 that by that
                                        161

1       act you disregarded Father Hesburgh's suggestion?
2               A       No, sir.
3               Q       Why not?
4               A       I followed Father Hesburgh's suggestion.
5               Q       By returning the copy, but making a copy
6       of the copy before you returned the copy?
7               A       All he said was to return the material I had
8       gotten at       Rosary College.
9                               That is all he said for me to do, and
10      I did that.
11              Q But making a copy. You have it right now
12      today?
13              A       My attorney has it.
14              Q       And you felt you were complying with what
15      Father Hesburgh said by doing what you have just
16      described you did?
17              A       Yes.
18              Q       Up to this date did you ever tell anybody
19      that?
20              A       Yes.
21              Q       Who?
22              A       I have told any number of people that.
23              Q       Other than your attorneys?
24              A       Yes.
                                        162

1               Q       Who ?
2               A       Ron Parent.
3               Q       When did you tell Ron Parent that you had
4       made    a copy of the copies before you returned the
5       copies?

6               A       On the morning of August 5, 1980.
7               Q       What did he say?
8               A       He said that it was all right with him.
9               Q       Whom else did you tell it to?
10              A       Dr. James W. Frick.
11              Q       Who is Dr. Frick?
12              A       He was the Vice President for Public
13      Relations, Alumni Affairs, and Development at the
14      University.

15              Q       When did you tell Dr. Frick this?
16              A       On January 8, 1981.
17              Q       What did Dr. Frick say?
18              A       He said it was all right with him.
19              Q       Did you tell both Parent and Frick what
20      Hesburgh had told you to do?
21              A       I did.
22              Q       Anybody else?
23              A       Any number of people knew. It was in the
24      newspapers.
                                        163

1               Q       Before the stuff had hit the fan?
2               A       Sure.
3               Q       And by "stuff hitting the fan," I mean the
4       events of       September '81?
5               A       Yes.
6               Q       Okay. Now, Sir, going back, you mentioned
7       that    in your discussion with Father Hesburgh, you had
8       mentioned       various things, including Bernardin.
9                               Now, isn't it a fact that sometime
10      after you left Rosary College you had a conversation
11      let's see the dates of your visit to Rosary College,
12      Sir, date       or dates, what was it?
13              A       July    7, July 18 -- excuse me -- July 7,
14      July 8, and July 17, I believe, 1980.
15              Q       Now,    Sir, you were asked in interrogatory
16      NO.     101, "To identify and describe in detail any and
17      all communications between plaintiff and any member
is      of the written newspaper or magazine or broadcast,
19      or radio media relating or referring to the Greeley
20      papers."
21                      And     you said, "Portions     of the
22      documents were discussed with Roy Larsen, Chicago
23      Sun-Times on July 16,1980."
24      Now, was he the first person, Roy
                                        164

1       Larsen, that you discussed what you thought you had
2       found in the Greeley-papers that you either copied or
3       removed from the Rosary archives?
4               A       I believe I discussed it with Ron Parent.
5       I know I discussed it with Monsignor Egan on the day
6       before I met with Roy Larsen.
7               Q       Let's start with Parent. This is a
8       conversation you had with Parent following your visit
9       to the archives on the subject matter what you think
10      you found there, what you believed you found there.
11                              What did you tell Mr. Parent?
12              A       I told him that I have found information
13      that Father Greeley had been having lots of conversa
14      tions about Cardinal-Cody with various people; that
15      he had planned to rig a Papal election; and that the
16      material made the story more interesting than we had
17      thought it was going to be; and it probably was going
18      to be a cover story.
19              Q       And what did Mr. Parent say?
20              A       He agreed.
21              Q       Any more in that conversation?
22              A       That was about it.
23              Q       Any discussion about what Father Hesburgh
24      might think of such an article about rigging a Papal
                                        165

1       election and so forth?
2               A       No, sir.
3               Q       Did you discuss the date of some of this
4       material that you had copied?
5               A       I don't believe so.
6               Q       Did you discuss with Mr. Parent what
7       particular Papal election you were talking about?
8               A       I identified the election as the election
9       of '78, as I recall.
10              Q       And this is 1980?
11              A       That's correct.
12              Q       All right. Anything further with Parent?
13              A       No.
14              Q       Did he give you his blessing to proceed?
15              A       Yes.
16              Q       Did you tell him that you had removed
17      physically ten tapes dictated by Father Greeley from
18      the archives and still had them?

19              A       Yes.
20              Q       What did Mr. Parent say?
21              A       He said nothing about it.
22              Q       He said nothing?
23              A       To my recollection, yes.
24              Q       Okay.
                                        166

1               A       I told him I had to get them transcribed,
2       or in some way taken care of, transcribed, copied,
3       or something.
4                               I told him that we needed to do that
5       within the foreseeable future. So it was a mechanical
6       discussion as such.
7               Q       Before you went to the archives on July 7,
8       sir,    the Greeley archives, which actually were ten
9       boxes, or       whatever it was -
10              A       18.
11              Q       You had no contact with Greeley, had you?
12              A       Since?
13              Q       No, prior to your visit of July 7, since
14      March 27,       you had no further communication of any kind
15      whatsoever with Father Greeley?
16              A       That's correct.
17              Q       And you did not notify him of your find,
18      did you?

19      A       No, sir.
20      Q       Anything further on Parent?
21                      He thought that it was okay?
22      A       Yes.
23      Q       And is Mr. Parent in your opinion a
24      journalist?
                                        167

1               A       Yes, sir.
2               Q       Is Mr. Parent a member of the American
3       Society of Professional Journalists, to your knowledge?
4               A       Mr. Parent is dead.
5               Q       Was he?
6               A       No, sir, to my knowledge, no, sir.
7               Q       Did Mr. Parent raise with you even the
8       possibility of an ethical question?
9               A       No, sir.
10              Q       Prior to the time of your discussion of
11      July    1980 with Mr. Parent had you discussed with any
12      lawyer the lawfulness of the conduct you described?
13              A       No, sir.
14              Q       When did you first discuss --and I don't
15      want    to know -- I am not going to go beyond when and
16      who,    okay -- I am not going to get into that.
17              MR. LANE:       I am sure you will abide by the rules.
18              MR. O'BRIEN: Q When did you first discuss the
19      question of the propriety of your copying and removing
20      material, as you described it, from the Greeley
21      archives with a lawyer?
22              A       I discussed with a lawyer on August 3, 1980
23      my rights regarding my use of material and my
24      obtaining material from those files.
                                        168

1               Q       In the way you have described?
2               A       That's correct.
3               Q       And who was the lawyer?
4               A       Tom Winters.
5               Q       That is your brother?
6               A       That's correct.
7               Q       Did he do any research before he gave you
8       the opinion that you were okay legally?
9               MR. LANE: If you know.
10              MR. O'BRIEN: Q Do you know if he did any
11      research? Were you out having a beer with him, or
12      having dinner with him, or what?
13              A       what is your question?
14              Q       Do you know whether he did any legal
15 research before he gave you the answer you say he gave
16      you?
17              A       I gave him some material that I had found.
18              Q       What kind of material?
19              A       Material from a handbook.
20              Q       Handbook about what?
21              A       Its title is "The Right of Reporters."
22              Q       Who wrote it?
23              A       Joe Gora.
24              Q       And is it a pamphlet, or a book?
                                        169

1               A       A book. I believe it is .
2               Q       Where did you get the book?
3               A       I bought it for a course I had at Notre
4       Dame as an undergraduate.
5               Q       So you gave him -- is Joe Gora a scholar of
6       constitutional law, do you know?
7               A       I don't know.
8               Q       In any event, your brother, after he read
9       the material you gave him, decided you were okay
10      legally, is that correct?
11              MR. LANE: Hold on. I object to any
12              MR. O'BRIEN: I am asking for his opinion.
13              Q       You saw no reason to do anything different
14      than    you had been doing as a result of the conversa
15      tion    with your brother?
16              A       That's correct.
17              Q       okay. Sir now, the next conversation on
18      the subject of your find at Rosary in the Greeley
19      archives and the removal of same was with Roy Larsen,
20      correct?
21              A       No. You have got me confused.
22              MR. LANE: You are jumping all over here.
23              MR. O'BRIEN: Q I am talking July 1980.
24              A       You were in August earlier.
170

1               Q       Sure. Now we have gone  backward in time
2       from    the August conversation with    Hesburgh and now
3       we are back in July, and you told       us that you talked
4       with    Parent. I believe you said it was on July 16.
5               A       I talked with Monsignor Egan on July 15.
6               Q       So you did not list him in the interroga
7       tories. What did you say -- was anybody else present?
8               A       No, sir.
9               Q       Where did the conversation take place?
10              A       Morris Inn.
11              Q       This was during a meal?
12              A       Breakfast.
13              Q       Did you call the breakfast meeting?
14              A       I asked to see him and we arranged a break
15      fast meeting.
16              Q       How long did that last?
17              A       Hour.
18              Q       And what did you tell Monsignor Egan?
19              A       Well, we discussed my research on Father
20      Greeley since I last discussed it with him.
21              Q       What did you say in substance?
22              A       I told him how I had been to several of
23      these people's houses and interviewed them and what
24      they    had said about him. I told him my impression of
                                        171

1       Father Greeley.
2               Q       I would like you, sir, to please try and
3       give    us the substance of what you said and don't
4       characterize the topics and heading. I need as much
5       detail as       you can remember.
6               A       I told him, "I liked him."
7               Q       What else did you tell Monsignor Egan?
8               A       I told him that I had also gone to the files
9       at Rosary       and had gone through them over a three-day
10      period, or actually over a two-day period, and was
11      going to go back, and that I found some startling
12      information.
13              Q       Did you describe the startling information?
14              A       I had made some copies of the startling
15      information already, and I gave it to him to read.
16              Q       What do you recall it was that you gave him?
17              A       I believe it was from his transcription of
18      tape    recordings he had made in preparation for his book
19      on "The Making of the Pope."
20              Q       As you went through that material, the
21      Papal diaries, wasn't that what they were called,
22      something       like that?
23              A       They were under various names.
24      Q       Do you recall they were labeled "top
                                        172

1       secret" on the top cover page?
2               A       Yes.
3               Q       Did you tell that to Monsignor Egan?
4               A       I may have. I don't recall.
5               Q       Did Monsignor Egan read any of the material
6       you presented to him, the copies you had made of the
7       materials, did he comment -- did he read and comment
8       on it in your presence?
9               A       Yes.
10              Q       What did he say?
11              A       He said, "The megalomania on those pages."
12              Q       So apparently Monsignor Egan did not think
13      that    Father Greeley was capable of rigging a Papal
14      election?
15              A       He did not --
16              MR. LANE: I would object to the characteriza-
17      tion    of the intent of somebody else other than the
18      deponent here. It calls for the state of mind of
19      somebody other than the witness.
20              MR. O'BRIEN: Q What did Monsignor Egan say?
21              A       He said, as I have said, "The megalomania
22      on those pages."
23              Q       Did you tell Monsignor Egan on this
24      occasion, sir, that you had not discussed this
                                        173

1       material with Father Greeley?
2               A       Yes.
3               Q       And what did Monsignor Egan say to that?
4               A       I don't know. I guess that was inferred.
5       He knew that I had not.
6               Q       Did you discuss the dates of ‘75 and ‘76 on
7       this    material with Monsignor Egan?
8               A       This particular material was from 1977,
9       and he knew that.
10              Q       And was there any discussion of "The
11      Making of       the Popes 1978" in connection with your
12      giving Monsignor Egan some of the Greeley material
13      that    you had copied?
14              A       I showed it to him.
15              Q       Showed him what?
16              A       The material that you mentioned.
17              Q       You just showed it to him; you didn't
18      give --
19              A       I didn't give it to him to take home.
20              Q       Was there any discussion on this occasion
21      at Morris Inn with Egan about "The Making of the Popes
22      1978" book by Andrew Greeley?
23              A       I believe I identified this material as
24      material he had put together in preparation for that
                                        174

1       book.
2               Q       At that point in time, sir, had you read
3       "The Making of the Popes 1978"?
4               A       I don't know specifically if I had at that
5       point.
6               Q       At any time, sir, did you compare the notes
7       made -- the Roman notes I think is a fair way to
8       characterize them -- labeled as Top Secret, did you
9       compare the content of those notes with any portions
10      of "The Making of the Popes 1978"?
11              A       Yes.
12              Q       And what was the result of your comparison?
13              A       Some of the material from the notes
14      appeared in the book.
15              Q       A lot of it did, didn't it?
16              A       Yes.
17              Q       So is it your testimony, sir, that as far
18      as you can tell, Monsignor Egan took it seriously,
19      even though he believed the megalomania that Andrew
20      Greeley had, or thought he could actually fake a
21      Papal election?
22              A       I think he believed as far as I could tell
23      that Father Greeley thought he could rig a Papal
24      election, and he characterized that belief as
                                        175

1       megalomania.
2               Q        Therefore not in the real world?
3               A        Yep.
4               Q        And did you take it seriously, sir, this
5       information was long after the election of the Pope?
6               A        I believed that Father Greeley -- that
7       he could rig a Papal election.
8               Q        But you did not take that up with your
9       target, Father Greeley, did you, as of the time you
10      had spoken with Monsignor Egan?
11              A       He was not my target, sir.
12              Q       He was the subject matter of the article?
13              A       I will accept that.
14              Q       Are you aware, sir, of any particular
15      guide to journalists in the ethics department that
16      before you make an accusation against somebody you
17      give them a chance to refute it?
18              A       Before you print one, yes, sir.
19              Q       And when -- did you contact Father Greeley
20      to discuss with him your belief that you had
21      documents suggesting to you, at least, that Father
22      Greeley was plotting, or had been plotting to rig
23      the Papal election?
24      A       I asked him for another interview when I
                                        176

1       spoke to him on the phone. It was, I believe,
2       August 1,       1980 -- no, it was July 29.
3               Q       He wrote you a letter on July 297
4               A       That's right.
5               Q       Did you call him, or did he call you?
6               A       He called me. I called him back. He called
7       me at several places and I called him back.
8               Q       I show you a document marked Greeley
9       Deposition Exhibit No. 16, and ask you if that is a
10      copy    of a letter you received from Father Greeley on
11      or about the date it bears?
12              A       Yep.
13              Q       Sir, so we fix the conversation with
14      Greeley as of July 29, correct, or it has to -
15              A       It was July 29 and August 1st.
16              Q       Well, this letter is dated -- you only had
17      one conversation with him, or did you have several?
18              A       One.
19              Q       All right. And this letter is dated July
20      29, and refers to a conversation between yourself and
21      Father Greeley as of the morning of that date.
22              A       I see, yeah. That would have been the date.
23      I was confused. That would have been the date.
24              Q       So he called you and you called him back and
                                        177

1       now would you give us the substance of the conversa-
2       tion on July 29, 1980 between yourself and Father
3       Greeley?
4               A       He said -- I believe that he had heard I
5       had been to Rosary and he was appalled by what would
6       come out. He said he wasn't afraid about himself,
7       but he was terrified. He said he was afraid of what
8       would come out about other people.
9                           He had not taken money, or had any
10      affairs, but was afraid of what would come out for
11      other people.
12      And I said, "I told you I was going
13      there in Tucson."
14                          And he said, "I know that."
15              Q       Anything else?
16              A       He said he had cooperated with the article
17      up to now. He thought honorably. I said,I acted
18      honorably, too."
19                          That is the gist of it.
20              Q       Did you tell Father Greeley on occasion
21      after this July 29, 1980 call, sir, that you had
22      removed from the library ten tapes dictated by
23      Andrew Greeley?
24              A       No, sir.
                                        178

1               Q       Why not?
2               A       Didn't occur to me to.
3               Q       Didn't occur to you?
4               A       No, sir.
5               Q       Did you tell him you copied about 200 pages
6       of the Rome Diaries?
7               A       No, sir.
8               Q       Did you charge him with trying to rig a
9       Papal election?
10              A       No, sir.
11              Q       Did you tell him you were going to write a
12      story using the material you copied from his
13      archives and the tapes that you had removed from his
14      archives?
15              A       No, sir.
16              Q       Why not?
17              A       Obviously I was going to write a story and
18      obviously I was going to use the material that I had
19      gathered in preparation to write that story.
20              Q       Did you tell him that you were aware of
21      the fact that the cover to the material - - the
22      covers to the material on the Roman Diaries were
23      labeled "Top Secret"?
24              A       No, sir.
                                        179

1               Q       But you knew that then, did you not?
2               A       I did.
3               Q       Did you tell him you had been into his
4       personal correspondence files?
5               A       What do you mean by personal correspondence
6       files?
7               Q       Letters from Andrew Greeley to Cardinal
8       somebody or the other, the Papal delegate, letters
9       to Father Hesburgh, for example?
10              A       That is his personal files?
11              Q       Yes.
12              A       No, I didn't tell him that.
13              Q       Did you tell him that you had made copies
14      of correspondence marked "personal and confidential"?
15              A       No, sir.
16              Q       But you had, had you not?
17              A       I had.
18              Q       Now, sir, I note that in his letter to you
19      of July 29 he says, "Any copies you may have made
20      from these files ought to be returned to me."
21                              Did that subject come up in the
22      telephone conversation with Greeley; the subject
23      matter of copies you may have made from Greeley's
24      files?
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Electronic edition copyright © 1998 Ingrid H. Shafer
Posted 23 August 1998