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(Continued from Page 2) supervisors at the request of George Davis, then council for the county in the Goode case. This letter, Crigler maintained, was privileged since it was a communication to the supervisors’ attorney.
Potter responded that, although Payne was asked by Davis to make a site inspection of Goode’s property and report back to the supervisors, he was never compensated or retained by the county. Therefore, Potter maintained, the letter wasn’t privileged correspondence, particularly since Payne gave a copy to Goode.
Potter insisted that Payne was willing to testify in his clients behalf and that an agreement had been reached on compensation.
No Pay, No Expert
“I see Mr. Payne shaking his head on that. You may want to put him under oath,” interjected Crigler. He insisted that Payne did not want to testify. -‘This is a civil case. They should go out and hire an expert and not force him to give opinions he doesn’t want to give,” Crigler argued. Calling on to testify, Payne reported that he’d written to George Davis after his inspection of the Goode property and investigation in the case. Payne said he’d told the commonwealth attorney that he couldn’t ehlp the county in its defense “I gave him my word—that I don’t intend to break—that I
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