President. He related in some detail his experiences in appraising papers of other Presidents, including specifically, Lyndon B. Johnson, and pointed out that he had been called in from time to time to appraise papers of other former Presidents.

My best recollection now is that in that conversation he told me he would get into Washington within the next few days and commence the work because he was planning to leave for an extended tour of Australia or Japan, I am not sure which, later in the month. In that conversation, I recall that we discussed the comparative value of the 1968 gift, and I related to him that according to my projections based on the President's anticipated income as related to me, the maximum charitable contribution that could be absorbed would be approximately $500,000, and that it was my understanding the subject matter of the gift was approximately that amount. My recollection with respect to the $500,000 came from my first conversation with Mr. Morgan in which he indicated to me that that was the general amount of the gift that had been made.

I cannot be absolutely certain at this time

of the exact date of that telephone conversation with Ralph Newman. I have based my recollection of that conversation and the date thereof on certain other Occurrences which are as follows:

(1) I found in my file a penciled memorandum

attached hereto as Exhibit "1" which I believe to be the notes of my first conversation with Mr. Newman. The notes indicate that he said he would "go into Archives and segregate enough to satisfy this requirement." This I interpreted to be the $500,000 1969 installment which had He indicated he would give a "horseback

been discussed. figure on what else is there", that he "will do a preliminary survey for 2-3 days, will come back in month for detailed exam and segregation." That conversation con

cluded and the notes show that "I'm to call Ed to call Archives--Ralph will be there on Monday." I believe that the "Monday" referred to in the memorandum was Monday, April 7, 1969. This recollection is supported by the

affidavit contained in Mr. Newman's final written appraisal of the subject matter papers wherein he states that he did "from the sixth to the eighth day of April 1969" examine the papers;

(2) On or about June 12, 1973, I had a telephone conversation with Mr. Newman regarding the same subject matter. That telephone conversation was prompted by the fact that I had been asked to make a statement to Nick Kotz, a reporter from the Washington Post, respecting the circumstances of the gift, and I wanted to refresh my recollection by talking to Mr. Newman. In that conversation of June 12, 1973, he again stated to me that he originally surveyed the papers in April (meaning April 1969), and that at that time he pointed out

sensitive papers, ordered them to be sequestered before the subject matter of the gift was placed in government boxes, and that he came back later to do the actual appraisal. The notes of that conversation are a part of the attached Exhibit "2". I identify the notes as having been made on or about June 12, 1973 by reference to the word "Kotz". In that conversation, in going over his recollection of the circumstances, he stated that he had had a conversation with Ed Morgan on April 1, 1969 where Morgan had told him about the 1969 gift;

(3) On or about August 1, 1973, Mr. Newman telephoned me to tell me that he was in Washington and was being asked to give a written statement of his recollection of the circumstances of his appraisal of the 1969 papers. In that conversation, he told me that his recollection of the first time that he and I had talked was early April 1969, and asked if that was also my recollection, which I did confirm to him. In that conversation I told him that I based my recollection on his statement about taking a trip to Australia, and he confirmed that he had taken such a trip in late April 1969.

During the week of April 14-18, 1969, I believe I had another phone conversation with Morgan relating to the President's personal affairs, and including primarily the purchase of the San Clemente property, the formation of The Nixon Foundation to construct a Presidential library and the gift of private papers. It is my recollection

that Morgan indicated he would be in Los Angeles from April 19 through the 22nd, and accordingly it was arranged for us to meet in person on the morning of April 21, 1969 for the purpose of inspecting the San Clemente property, discussing The Nixon Foundation and the gift of papers and reviewing documentation concerning these matters. Prior to his arrival, I received either from Mr. Morgan or from Mr. Kalmbach copies of the 1968 gift documents and the access right documents which had been used in connection with such gift.

Prior to Morgan's arrival, I prepared a draft of proposed Articles of Incorporation for The Nixon Foundation. I had prepared the draft of the escrow instructions for purchase of the San Clemente property and a draft of a proposed form of chattel deed to cover the gift made on March 27, 1969. On the morning of April 21, 1969, Herb Kalmbach and I met Mr. Morgan in the lobby of the Century Plaza Hotel in Los Angeles.

We had an extensive breakfast meeting wherein we reviewed the pending matters, including the gift, the Foundation and the San Clemente property. It is my recollection that Morgan had indicated that he would, or at least I had expected him to, bring with him copies of whatever "receipts" he received from the Archives upon delivery of the March 27, 1969 papers. During the course of our conversation on April 21, 1969 it was apparent that Morgan had no "receipts" or other documentation from the Archives. Accordingly, we had no detailed list of the subject matter of the gift to attach to the form of the deed. During

the course of the morning, I wrote out in longhand what I suggested we use as a Schedule "A" to the chattel deed so as to at least block out the general value and general description of the papers and providing that a more detailed list would be supplied after the appraisal. In the course of that conversation Morgan indicated to me that the appraiser, as part of his duties would prepare a detailed schedule which could be used as the Schedule describing the subject matter of the gift. It was our feeling at that time that there would probably not be much delay in obtaining the detailed description.

Ed Morgan, Herb Kalmbach and I spent the entire day together on April 21, 1969. We proceeded from the Century Plaza Hotel, Los Angeles, by car to San Clemente where we inspected the property and later we paid a visit to our law firm's Newport Beach office. It is my recollection that sometime during the day when we were reviewing documentation, Morgan signed the form of the chattel deed which I had prepared, although we had no itemized description of the papers. It is my belief that the typewritten description of the materials as set forth in the first Schedule "A" was prepared by me on a typewriter at the Newport Beach office. (A copy has been furnished you previously.)

The escrow instructions, the draft of Articles

of Incorporation of The Nixon Foundation and the first

form of chattel deed to which I had referred to above,

were typed on the same typewriter in our Los Angeles office.