UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

CHERYL LINDSEY SEELHOFF,
a married woman,
Plaintiff, Tacoma, Washington

vs.

PAT and SUE WELCH,
husband and wife,
Defendants.

Docket No. C97-5383FDB

Tacoma, Washington
August 31, 1998


Trial
Volume 1
TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE FRANKLIN D. BURGESS
UNITED STATES DISTRICT JUDGE, and a Jury.
APPEARANCES:

For the Plaintiff:


BARBARA J. DUFFY
GWENDOLYN PAYTON KLEIN
Lane Powell Spears Lubersky
1420 Fifth Avenue, Suite 4100
Seattle, Washington 98101-2338

For the Defendants:
RUDY R. LACHENMEIER
LORI DeDOBBELAERE
Lachenmeier, Enloe & Rall
9600 S.W. Capitol Highway
Portland, Oregon 97219
Court Reporter:
Teri Hendrix
Union Station Courthouse, Room 3100
1717 Pacific Avenue
Tacoma, Washington 98402
(253) 593-6545
Proceedings recorded by mechanical stenography, transcript
produced by Reporter on computer.



Excerpt from transcripts Volume 4 September 3, 1998 Pages 684-920


How to use these documents.

A complete copy of the transcript are availble on an independent web site.
http://members.aol.com/Hsingcase/index.html
(Link provide by permission)

Documents can be ordered by writing to:
US District Court
Western District of Washington
P.O. Box 1935
Tacoma, Washington 98401



705
1  Okay. Well, let's go back to that then. On the second page
2  of Exhibit No. 150.
3  A.  Um-hum.
4  Q.  -- and I think -- well, I take it, it was your intention in
5  publishing Big Happy Family to address issues of pregnancy,
6  birth, child training the old fashioned way, and marriage for
7  life. Is that a fair statement?
8  A.  Yes, among other things.
9  Q.  Okay. And the other things might be money saving tips,
10  recipes, and how-tos; is that right?
11  A.  Yes, but not limited to those things.
12  Q.  Understand. Understand. Okay. Then let's take a look at
13  the index of sorts. One of the topics that you covered in
14  particular issue, the first issue of Big Happy Family, was birth
15  and babies. Do you see that?
16  A.  Yes.
17  Q.  Okay. And that was a topic you intended to address in Big
18  Happy Family; correct?
19  A.  Yes.
20  Q.  You also addressed money management; is that correct?
21  A.  Yes.
22  Q.  And then there is a section on recipes. Do you see that?
23  A.  Yes.
24  Q.  Let's take a look at the area on -- on the third page of
25  Exhibit No. 150, which starts with the bold statement, "What's

706
1  coming?" Do you see that?
2  And in bold type, you see the statement, "What's coming"; is
3  that right?
4  A.  Yes.
5  Q.  And under that -- let me read that to you. It says, "We are
6  actively seeking a midwife, a herbal expert, and one or more
7  grandpas and grandmas to become regular columnists." Do you see
8  that?
9  A.  Yes.
10  Q.  So your intention in Big Happy Family was to address issues
11  that might involve midwifery. Is that a fair statement?
12  A.  Yes.
13  Q.  And you wanted some grandparents' perspectives for purposes
14  of the magazine; is that right?
15  A.  Yes.
16  Q.  Okay. Let's take another look at, let's see -- under, "What
17  Make This Magazine Different," also in bold print. Do you see
18  that?
19  A.  Um-hum, yes.
20  Is that a yes? Take a look at the fourth paragraph, it
21  states with, "Our position." Do you see that?
22  A.  Yes.
23  Q.  Okay. I'll read that. It says, "Our position is pro-baby,
24  pro-child, pro-marriage for life, pro-home. That includes home
25  birth, home business, home schooling, and home health care,

707
1  among other things!"
2   First of all, have I read that right?
3  A.  You left out an "and" in the first sentence, since you
4  asked.
5  Q.  I don't know that I did, but I'm glad you caught that.
6  Other than that amendment; is that read correctly?
7  A.  Yes.
8  Q.  And I take it these were the sorts of issues that you were
9  attempting to address in the magazine, Big Happy Family. Is
10  that right?
11  A.  Yes, among the other things, as I said.
12  Q.  And from time to time, did subscribers write in with
13  letters?
14  A.  Yes.
15  Q.  Okay. And from time to time, did subscribers or readers
16  send letters that were then published in Big Happy Family?
17  A.  Yes.
18  Q.  Okay. In fact, let's take a look at that third page of
19  Exhibit No. 150, which I think you've pointed out was the second
20  page of the actual issue.
21  You had mentioned, in that first issue of Big Happy Family,
22  some things that the readers can do to participate in Big Happy
23  Family, and specifically I'm looking at sort of that middle
24  column there. Do you see that?
25  A. Yes.

708
1  Q.  And in that column, you've sort of identified some of the
2  things you were hopeful that the readers might do to participate
3  in Big Happy Family. Is that a fair statement?
4  A.  Yes.
5  Q.  In Big Happy Family, how do you go about selling
6   advertisements?
7  A.  I have a database of potential advertisers that I've
8  compiled over the years from a wide variety of sources. And I
9  go through and click off those who I think might be interested
10  and send them a media kit and a cover letter. People also
11  request our advertising rates from time to time, and we send out
12  a media kit.
13  Q.  And is it fair to say although Big Happy Family might
14  address aspects of home schooling, it's not specifically
15  dedicated to that issue like Practical Homeschooling is? Is
16  that right?
17  A.  Yes.
18  Q.  Mrs. Pride, the court reporter has put in front of you what
19  she's marked as Exhibit No. 151 to your deposition.
20  A.  Um-hum.
21  Q.  I'll tell you that these are documents that were produced to
22  us by your counsel. I want to ask you a few questions about it.
23  But I'll just tell you, they look to me to be communications
24  between you and Cheryl Lindsey -- E-mail communication of some
25  sort. Look through it, and I'll ask you if you would agree with

709
1  that.
2  A.  Okay. Yes.
3  Q.  I noticed on the first page of Exhibit No. 151, there is
4  some handwriting. Do you see that?
5  A.  It -- Yes, I do see that.
6  Q.  Is that your handwriting?
7  A.  Yeah, I think so.
8  Q.  Can you read that for me?
9  A.  "Correspondence with Cheryl re her picking up Help
10  subscribers."
11  Q.  Is it fair to say that these E-mails -- and take a moment to
12  read through them -- represent a conversation or exchange -- an
13  exchange between you and Cheryl regarding her essentially
14  picking up your subscriber base for Help for Growing Families
15  magazine?
16  A.  That's part of what they're about, yes.
17  Q.  Okay. And had you offered to pay Cheryl Lindsey 50 cents
18  per issue, if she would satisfy your subscriber obligations that
19  you had existing at the time for Help for Growing Families? Is
20  that a fair summary?
21  A.  Yes.
22  Q.  In February of 1994, were you considering discontinuing the
23  publication of your newsletter Help?
24  A.  Yes.
25  Q.  Why is it that you were considering discontinuing the

710
1  publication of your newsletter Help for Growing Families?
2  A.  I had several reasons. My main reason for doing it in the
3  first place was more of a mission or ministry. I started it
4  because I was receiving so many letters from readers of my books
5  and writing these long individual responses to hundreds and
6  thousands of people didn't seem a profitable use of my time, if
7  I could write the same response and thousands of people could
8  read it at once.
9  Also a lot of people who wrote to me had interesting
10  information or stories that I thought other people would benefit
11  from. And once I started it, I kept getting so many letters
12  telling me it was their lifeline, it was a breath of fresh air,
13  it was a thing that kept them going, that I felt it was really
14  needed.
15  Then people started writing to me after a while expressing
16  similar sentiments about Gentle Spirit; that they felt it was
17  helpful. And since my main concern was that the subscribers
18  received help, meaning assistance, the existence of Gentle
19  Spirit, at the time which no problems had emerged, was a factor.
20  The other reason was, my son was on the verge of death. We
21  had to cut back on our publishing schedule for Practical
22  Homeschooling because of it. And I was trying to simplify our
23  lives so that we would be able to take care of him.
24  Q.  Do you -- in your mind, was Gentle Spirit similar to -- to
25  Help for Growing Families?

711
1  A.  What do you mean by "similar"?
2  Q.  Well, let's start with the content.
3  A.  We covered some of the same topics. She had many topics
4  that she dealt with in depth that I didn't deal with at all or
5  only superficially or vice versa.
6  Q.  And what -
7  A.  The tone was very different.
8  Q.  How was the tone different?
9  A.  My magazine is more objective and intellectual, anti-expert
10  at the time. I was -- when I first started it, I was very much
11  pushing the idea that we should all be independent and not
12  depend so much on experts to tell us everything. I had no
13  particular emphasis on homesteading or farming or so forth,
14  where Cheryl had very extensive gardening and all that sort
15  thing section.
16  Her tone was highly personal and emotional. You know, her
17  magazine was -- was very much about her as a person, whereas I
18  tried to pretty much keep myself and myself as a personality out
19  of my magazine so that people would be dealing more with issues
20  as they stood.
21  Q.  Okay. At some point you approached Cheryl with a proposal,
22  whereby she -- you would pay her 50 cents per subscriber and she
23  would satisfy your subscription obligations; is that right?
24  A.  No, you phrased that very poorly.
25  Q.  Well, thank you, Mrs. Pride. Why don't you tell me about

712
1  the proposal that you made Cheryl Lindsey with respect to the -
2  to the subscribers of Gentle Spirit -- or with respect to the
3  subscribers of your magazine Help for Growing Families?
4  A.  First of all, it wasn't 50 cents per subscriber. It was 50
5  percent owed to each issue owed to each subscriber.
6  Q.  Excuse me. Okay. And what else -- what was the proposal
7  that you made to Mrs. Lindsey?
8  A.  Okay. Basically that I would pay her to cover what I
9  thought would be her printing and postage cost to send that many
10  issues of her magazine to these people, who then would -- she
11  would be able to solicit to continue on as her own subscribers,
12  you know, hopefully converting a number of them over to become
13  Gentle Spirit subscribers.
14  And as I said, that's where I thought she would get her
15  profit from it. That if -- if she, in essence, had my
16  subscribers mailing list and a chance to give them, at no cost
17  to her, a number of the issues of the magazine, then she
18  could -- if they liked it, it would be an opportunity, at no
19  cost to her, to get some additional subscribers.
20  Q.  Okay.
21  A.  And the worst that could happen is -- if nobody liked it --
22  is she'd be even.
23  Q.  And with this arrangement, you were hopeful of satisfying
24  your subscribers, the subscribers of Help for Growing Families,
25  so that they wouldn't come to you and seek refunds; is that a