Sometimes a court deposition brings forward something so special that it’s hard not to be moved – this is one such deposition. Jean Peavy is the sister of none other than Joe Shuster, and if you have to ask who Joe Shuster is then you might as well leave now. Ms Peavey was deposed as part of the Superman and Superboy cases and her testimony stands as containing some of the most heartfelt moments of the entire case. Amongst the revelations contained are some absolute gems, that Jean Peavy actually watched Joe Shuster draw the first ever Superman story, that she was there when Jerry Siegel met Joe Shuster for the first time and can recall the thrill and excitement of seeing her brother and Jerry Siegel working together. Sadly when Joe passed away he left sizable debts, and those debts were settled, in full, by DC Comics after Jean made contact and alerted them of the state of the estate. DC Comics has also provided a stipend of approximately $25,000 per year to Ms Peavy since Joe passed away – pittance really, but when you consider that they could easily have stopped all payments upon Joe’s passing, well, it’s also a decent gesture. For the record, Joanne Siegel was receiving around $125,000 per year from DC at the time of her passing.
Jean Peavy clearly charmed everyone in the room, and it would appear rightly so. It’s not often that you find yourself in the presence of living history and I only hope that someone contacts her and gets her memories down for prosperity before it’s too late. Until then we have this snippet, albeit too brief, of one of, if not the last, person alive who was there when Superman first took flight, over seventy years ago.
DEPOSITION OF JEAN ADELE PEAVY
November 11, 2006 1:26 p.m.
November 11, 2006 1:26 p.m.
317 Paseo de Peralta Santa Fe, New Mexico
JEAN ADELE PEAVY, after having been first duly sworn under oath, was questioned and testified as follows:
EXAMINATION BY MR. PERKINS:
Q: Good afternoon, Mrs. Peavy. My name is Patrick Perkins. I am a lawyer for DC Comics and other Warner Brothers entities. I represent DC Comics in a lawsuit that was filed in the United States District Court in California by Joanne Siegel and Laura Siegel Larson. The lawsuit involves copyright rights relating to the Superman character, and you have been subpoenaed in this case to give testimony because we believe you have information that might be relevant to the case.
Mrs. Peavy, have you ever had your deposition taken before?
A: No.
MR. TOBEROFF: Before we go further, I just wanted to add, in the other one, Warren, the deposition, you had mentioned that there were two lawsuits and that one concerned Superman, the other concerned Superboy, and correctly that they have been consolidated for purposes of discovery.
Q: I may be asking you certain questions, and obviously wanting you to give answers. It's important that you understand the question that I am asking. And if you don't understand it, then you please ask for clarification. Do you understand that?
A: Uh-huh.
Q: And you are going to have to give a verbal "yes" or "no" even though --
A: Okay.
Q: -- we're being videotaped, for Ms. Chin, to make it easier to take down people's answers.
A: Okay.
MR. TOBEROFF: It's hard for them to take down "uh-huh" and "huh-uh."
A: Oh.
Q: Is there -- are you taking any medication or anything that would impair your ability to testify truthfully today?
A: No.
Q: Is there anything that would impede you from testifying completely and truthfully today?
A: No.
Q: When I ask you questions -- I am sure your lawyer has instructed you on this -- but you need to leave sometime to allow him to object to the question if there is an objection. And I can't imagine there would be any objection to my questions, but sometimes it happens.
MR. TOBEROFF: Because the court reporter can't take people talking over each other. She can only take one person at a time.
(Exhibit 12 marked.)
Q: (By Mr. Perkins) I have asked the court reporter to mark as Exhibit 12 a document that's entitled "Subpoena in a Civil Case." Have you seen this document before today, Ms. Peavy?
A: I know we were subpoenaed, yes.
Q: Do you -- do you recall searching for any documents to produce to give to us in response to the subpoena?
A: Oh, my son would have done that.
Q: Did you independently do anything?
A: No. No.
Q: Are there documents relating to Superman or to Superboy that you have that your son would not know about?
A: No.
Q: So you are comfortable that he searched everywhere where documents do exist?
A: Oh, yes. Yes.
Q: Ms. Peavy, you are the sister of Joseph Shuster; isn't that right?
A: Yes.
Q: Were you and your brother close?
A: Very close.
Q: If you don't mind my asking, what is the age difference between you and -‑
A: Six years.
Q: And were you close to Mr. Shuster during the years when he was beginning to do Superman?
A: Yes.
Q: And do you -- did he talk to you about the process of creating the first Superman comic book?
MR. TOBEROFF: Vague and ambiguous. You can answer.
A: Yes. I watched it being drawn.
Q: You were there when he was drawing it?
A: I am the only one in the world that watched it being drawn.
Q: How wonderful. Do you remember when that was?
A: Well, let's see. I was -- first they did the evil character, and then they made it the good character. I think the good character was 1934. 21 -- 31 -- 33 -- 34.
Q: Okay. And do you recall when Mr. Shuster first met Jerry Siegel?
A: Oh, yes. In high school. Uh-huh.
Q: And when did you first meet Jerry Siegel?
A: The first day they met.
Q: Where was that?
A: They met in high school. They were introduced by a cousin, by Jerry's cousin, and they immediately came over to our -- to our house. And they got around -- we had a big dining room table about, you know, a little bit bigger than this, and they immediately started talking about science fiction and very, very excited about HG Wells and all the -all the great science fiction things that were going on. And they were both great fans, and so they -- the first day they thought, we ought to do something together. So immediate.
Q: And do you recall how the first Superman comic strip came to be? Was there a script written first or was there a drawing done first? Do you recall what the process was?
A: They worked together. Jerry got the idea and they came over and around the dining table, and he would talk about his idea for a story and, then Joe would say, well, then -- well, how about this? And he would draw it out real, real fast and say, how does this look to you? And Jerry would say, yes, great. Great. Great. And they were both excited and enthusiastic and very, very excited.
Q: Now, do you recall when -- in which comic book the first Superman story was published? Do you remember that?
A: Oh, June 1938.
Q: Right. And do you remember the title of the comic?
A: Oh, well, was it -‑
Q: It's okay if you don't.
A: No. No. No, I don't think I would remember the title.
Q: Do you remember the title Action Comics?
A: Oh, of course.
Q: Okay. So the June 1938 Action Comics Number 1, was that your recollection of the first story that was published?
A: Yes.
Q: Now, after they -- strike that. Let me go back.
Were you -- did your brother keep you apprised as to their efforts to sell the Superman comic?
A: Oh, yes, definitely.
Q: And did he -- at some point did Joe Shuster tell you that they had, in fact, found someone who would publish Superman?
A: Eventually, yes.
Q: Eventually. And did he tell you about -‑ about this before Action Comics Number 1 was published?
A: Oh, yes. They were submitting it. Uh-huh.
Q: But did they tell you -- in other words, did your brother tell you that Superman was going to be published in Action Comics Number 1 before the comic book actually came out?
A: Oh, yes.
Q: He did?
A: Uh-huh.
Q: After Action Comics Number 1 was published -- or strike that. Let me go back.
The comic that was in Action Comics Number 1, was that a comic that Joe and Jerry had come up with together on their own without anybody else being involved?
A: Oh, that was a newspaper -- that was the dailies from the newspaper.
Q: And the dailies then became Action Comics Number 1?
A: Yes. Yes.
Q: So at the time that they found someone to publish the dailies into a comic book, were there any other Superman comics that were done, ready to be published?
A: Yes. Yes.
Q: Do you recall which ones they were?
A: Many of them. I know that they were -‑ there were many.
Q: There were many that were completed?
A: Yes. Uh-huh.
Q: How many? Do you know?
A: Oh, I wouldn't know how many, but there were quite a few. Quite a few.
Q: And do you know if those were ultimately published?
A: Well, I guess they were. A lot of Action Comics came out, and it sold so well that they finally made a Superman magazine out of it.
Q: And when -- after the first Action Comics Number -- after Action Comics Number 1 came out, did Joe ever tell you about the way that he and Jerry worked with the publisher? Their working process.
MR. TOBEROFF: The way they worked after Action Comics Number 1 came out?
Q: Yes.
A: Hum -- what do you mean by "the way"?
Q: Well, did he ever tell you whether they were given assignments or what they were asked to do, how it was supposed to work?
A: Oh, they -- they paid them by the page. I know that.
Q: Okay.
MR. TOBEROFF: I think he is asking you –
MR. PERKINS: You know what? That's okay. I appreciate that. It's all right.
THE WITNESS: I know they paid $10 a page.
Q: (By Mr. Perkins) Do you recall at any time a novel that was published called The Adventures of Superman that had illustrations by your brother?
A: Uh-huh.
Q: Do you recall that?
A: Uh-huh.
Q: Do you recall when that was published?
A: Back in the '40s.
Q: Back in the '40s. And how did you come to know about this -- about the novel?
MR. TOBEROFF: Assumes facts not in evidence. You can answer.
A: I just saw it.
Q: When did you see it?
A: Oh, I don't remember.
Q: Did Joe give it to you or did you see it in the store?
A: No. No. I really wouldn't remember too much about a novel -- the novel. I just know it was done and he was very, very proud of it. So -- I know that.
MR. PERKINS: Why don't you mark that for me?
(Exhibit 13 marked.)
Q: (By Mr. Perkins) And Ms. Peavy, I have asked the court reporter to mark a document as Exhibit 13, which is a letter dated April 27, 1995, under your signature, directed to Paul Levitz.
A: Uh-huh.
Q: Is this your signature at the bottom of the page?
A: Yes.
Q: Did you write the letter?
A: Me? Um -- I -- I don't know if I did or my son did. Probably my son and I signed it.
Q: Okay. The first sentence refers to, says, quote, "It was a delightful surprise to receive a copy of the book, The Adventures of Superman, by Lowther." Do you see that?
A: Oh, yes.
Q: Did you, in fact, receive a copy of that from Paul Levitz?
A: Oh, yes. Yes.
Q: And the next sentence says, "I had such a feeling of nostalgia looking at the drawings"?
A: Oh, yes. Yes. I wrote that. I wrote that. I remember that.
Q: Okay.
A: Okay. I remember that.
Q: All right. And have you read this book, by any chance? Have you read the novel or did you just look at it?
A: No, I didn't. I just looked at the pictures.
Q: Okay. Now, at some point in the 1940s
Mr. Shuster joined Jerry Siegel and filed a lawsuit against -- against National Periodicals or some other entities that they were working with. Do you recall that?
A: Uh-huh.
Q: Were you close to --
MR. TOBEROFF: Excuse me. Did you mean to say -- did you say 1960s or '70s?
MR. PERKINS: I said 1940s.
MR. TOBEROFF: Oh, 1940s.
THE WITNESS: '47, I believe or '48.
MR. PERKINS: 1947.
MR. TOBEROFF: Sorry. Sorry.
MR. PERKINS: That's all right. Wrong lawsuit.
Q: (By Mr. Perkins) Were you close to Joe at the time that that happened?
A: Yes. In the '40s I was.
Q: Do you recall --
A: Yes.
Q: Did Joe tell you anything about that lawsuit?
A: I think that he -- that they felt that they were weren't being compensated for their contribution to a character that was making hundreds of millions of people happy, and they weren't getting their due compensation. That's what I -- I'm aware of.
Q: Did he ever talk to you about any of the details of the lawsuit?
A: No.
Q: Did he ever talk to you about --
A: Oh, well, I know that it kept going on and on and on and on, I know that. And we thought when is this ever going to be settled. I remember that.
Q: Okay.
A: And very unhappy. My poor brother, he was -- he was poor. And -- you know, and here is a character thaL's making other people rich and he is not -- doesn't have enough money.
Q: Now --
A: The same with Jerry, too.
Q: Now, the case that took place in the 1940s --
A: Uh-huh.
Q: -- did he ever talk to you about what the case -- what kind of claims there were in the case? Did he ever talk to you about anything like that?
A: I don't think I know the claim itself.
Q: Okay. Did your brother ever talk to you about the character Superboy?
A: Um -- no, not Joe. Not Joe, no.
Q: He never did?
A: No.
Q: Okay. Now, your brother had another lawsuit in the late 1960s that he had.
A: Uh-huh.
Q: Do you recall -- do you recall that?
A: Yes.
Q: And do you recall what that lawsuit was about?
A: Oh, here they were a couple of the creators of Superman living in poverty. They were destitute. They were really desperate.
Q: Did Mr. Shuster talk to you about why they brought the lawsuit?
A: I think they wanted some compensation.
Q: Now, did they end up ever getting any compensation?
A: Not then.
Q: When -- when did they end up getting compensation?
MR. TOBEROFF: Vague and ambiguous, calls for a narrative.
A: Much later. I was married by then, and raising kids, and I didn't keep as much -- track of anything legal at all.
Q: When you were -- are you aware that in the 1970s Mr. Shuster entered into an agreement with Warner Communications for some compensation to him?
A: Yes. I think there was something going on I read. Yes.
Q: Were you close to him at that time?
A: No. I was married and raising two kids, and he -- yes. I was living in Texas then, so -‑
Q: In El Paso?
A: Yes.
Q: And were you estranged at all?
A: Oh, no.
Q: Okay.
A: No. No. He -- he called me on the phone, he is interested in the kids, you know, about Warren and Dawn and my husband and me and how we were getting along and, you know, not too well and, you know -- I mean -- no, we had a happy family life, but I mean, financially we weren't doing as good as we would have liked.
Q: Do you -- did you at any time have an understanding as to how much money Mr. Shuster was receiving in this deal that he entered into with Warner Communications?
A: No.
Q: Were you aware that the deal also provided for certain monies to be paid to your other brother, Frank -‑
A: Uh-huh.
Q: -- under that agreement?
A: Uh-huh.
Q: And do you recall how much he was to receive?
A: I don't remember.
Q: You don't remember.
A: Originally 5,000 -- I don't even remember.
Q: At some point did you become aware that Joanne Siegel -- well, strike that. Who was Joanne Siegel?
A: Jerry's wife.
Q: Okay. And at some point did you become aware that Joanne Siegel was acting as an agent for your brother?
A: Yes. I think -- -- you know, Joe would -- when I talked to him on the phone he would always say Joanne was handling it. That's all I know. Joanne was handling it.
Q: Did you ever come to learn whether Joanne was charging Joe anything for that?
A: I don't know.
(Exhibit 14 marked.)
Q: I have asked the court reporter to mark a document, multipage document as Exhibit 14.
MR. TOBEROFF: Am I correct that this basically has no Bates stamps, that prior to this deposition this has never been produced?
MR. PERKINS: No.
MR. TOBEROFF: It has been produced?
MR. PERKINS: Yes.
MR. TOBEROFF: Okay.
THE WITNESS: Okay.
Q: (By Mr. Perkins) Do you recall writing this note?
A: Yes.
Q: And who is the Paul that's referenced in this note?
A: Well, I am writing to Paul Levitz.
Q: And this is your handwriting; correct?
A: Yes.
Q: Okay. The next page there is a typed letter that begins -- to a Mr. Marty Payson?
A: Uh-huh.
Q: Who was Marty Payson?
A: Oh, if I recall he was the -- was the treasurer then or something? He was some executive there.
Q: Did you have direct contact with him at all?
A: Never.
Q: If I could ask you to look at the second to last page of this letter, is that your signature?
A: Yes.
Q: Okay. Now, this was written or is dated August 21, 1992?
A: Uh-huh.
Q: Which is less than a month after your brother Joe died; correct?
A: Yes. Uh-huh.
Q: And do you recall why this letter was sent?
A: Um -- well, wait a minute. I --
MR. TOBEROFF: Why don't you take your time and read it?
MR. PERKINS: Take a minute and read the letter.
MR. TOBEROFF: I would read the whole letter.
THE WITNESS: We --
MR. TOBEROFF: Wait. I would read the whole letter before you answer about the document.
THE WITNESS: Oh.
MR. TOBEROFF: Just take your time.
THE WITNESS: Yes, Joe -- estate almost nothing -- that's right. Okay. Yes. I remember that now, yes.
Q: (By Mr. Perkins) What was the purpose of writing this letter to Marty Payson?
A: I had to appeal for help, financial help.
Q: Did you receive any help as a result?
A: Yes. They took care of everything.
Q: Did -- and when you say they took care of everything, what do you mean?
A: Well, I mean, I think they -- whatever had to be paid they paid.
Q: Now, at page 2 of the letter -- so it’s the third page of that document, in the second paragraph?
A: Second page, yes.
Q: I will read to you in the second paragraph beginning the third sentence, We also found out" -- I'm sorry, "We also found that over $1,200 a month was being paid to Joanne Siegel for some kind of commission for including him in the pay raise. It appears that for quite a few years she has been taking 20 percent of his income as an agent's commission for getting pay raises for Siegel and Shuster." Do you see that?
A: Yes. Yes.
Q: Had you known this --
A: I didn't.
Q: -- before you wrote the letter?
A: No, I didn't know it before.
Q: And what was your reaction to this when you found out?
MR. TOBEROFF: Vague and ambiguous. You can answer. Calls for a narrative.
A: She was always handling the business. That's all I know. She was putting herself out handling the business.
Q: And did you ever ask her about this 20 percent that she was receiving from Joe?
A: When they -- when I was in Joe's apartment and Jerry and Joanne came over, yes, and we talked about it.
Q: And do you --
A: Sorry. Now I do recall about it, yes.
Q: Do you recall what was said during that conversation?
A: Well, no. I thought it was okay then because, you know, understanding how Joanne had worked for -- you know, to help Joe along with Jerry, then -- before that -- I wrote this letter before and I didn't realize until I talked to Joe, Joanne and Jerry, as to why it was okay.
Q: And what was your understanding as to what was being done to earn that money?
A: She -- she had worked to get a higher pay raise, I guess.
Q: And do you remember how much Joe was receiving by the time he died?
A: No, I have no idea.
Q: You don't remember? At some point -- strike that. Was -- was -- after Joe died was your brother Frank still receiving money from Warner Communications?
A: Yes.
Q: Do you remember how much?
A: Huh-uh. No, I don't think I remember how much.
Q: Do you recall having any discussions with either Paul Levitz or anyone else about an amount of money that would continue to be paid to Frank?
A: To Frank, yes. Yes.
Q: Do you recall how much that was?
A: Yes. I think it was 25,000.
Q: Per year?
A: Yes.
Q: And who was to receive that money?
A: My brother, Frank.
Q: And was the money paid to Frank or to you?
A: Oh, no. No. To Frank.
Q: And when he died, who then began -- did you begin receiving that money?
A: Yes. yes.
Q: Okay.
A: Well, yes. Yes.
(Exhibit 15 marked.)
Q: I am going to hand you what's been marked as Exhibit 15.
MR. TOBEROFF: Before you ask the question, I would also like to note that this letter, which I also don't recall seeing, is also not Bates stamped. Has this been produced before today?
MR. PERKINS: To my knowledge, yes.
MR. TOBEROFF: I have never seen Exhibit 14 and I have never seen this letter. I could have missed it in the document, but I'm curious as to why all the documents are Bates stamped except these letters, which I don't recall seeing.
THE WITNESS: Uh-huh.
MR. TOBEROFF: I have never seen this letter. I don't believe it was produced.
And it couldn't be -- no comment.
THE WITNESS: My brother -- I have never seen it, either.
Q: (By Mr. Perkins) You have never seen it before?
A: No.
Q: Do you recall whether the payments -- payments were made to you instead of to your brother?
A: Yes.
Q: Were they, in fact, made to you?
A: Uh-huh.
MR. TOBEROFF: Wait a moment for me to object.
THE WITNESS: Okay.
MR. TOBEROFF: Also, let him finish the question before you answer –
THE WITNESS: Okay.
MR. TOBEROFF: -- even though you think you know what he is asking –
THE WITNESS: Okay.
MR. TOBEROFF: -- let him finish the question.
THE WITNESS: Uh-huh.
MR. TOBEROFF: You are doing fine.
THE WITNESS: Uh-huh. (Exhibit 16 marked.)
THE WITNESS: Okay.
Q: (By Mr. Perkins) All right. I have had the court reporter mark as Exhibit 16 a two-page
document. I have -- I have copied them together. They really don't go together, I'm sorry about that.
Actually, you may even take off the back page.
MR. TOBEROFF: Just the page 1 we should keep?
MR. PERKINS: Yes.
MR. TOBEROFF: I'll do it for you.
THE WITNESS: All right.
MR. PERKINS: The other one doesn't – its not very -‑
Q: (By Mr. Perkins) Did you -- is this your signature at the bottom of the page?
A: Yes. Uh-huh.
Q: Did you review this document before you signed it?
A: I probably glanced at it, yes.
Q: Now, in the agreement, the second full paragraph, the last sentence says, quote, "In any event, you now grant to us any such rights and release us" -- let me try that again. "In any event, you now grant to us any such rights and release us, our licensees and all others acting with our permission, and covenant not to assert any claim of right, by suit or otherwise, with respect to the above, now and forever." In the following paragraph it states, and I quote, "If, despite the terms of this agreement, either of you assert any such claim of right, for any reason, you agree to refund to us, upon the making of any such assertion, all amounts previously paid to you hereunder, and we will have no obligation to make any further payments under this agreement," period, closed quote. Do you see that?
A: Yes.
Q: Do you remember reading that when you signed this document?
A: I probably read it but I -- you know, I was -- I was listening to my brother Frank at the time, so I wasn't paying much attention. I was depending upon him to, you know; tell me if I should sign it. So --
Q: Do you have an understanding as to what this second to last paragraph means?
MR. TOBEROFF: Calls for a legal conclusion. You can answer.
A: Yes. I -- I don't -- I don't have any claim if that's what -- yes.
Q: Well, the first sentence of the second to the last paragraph says that if either of you assert any such claim of right for any reason, you agree to refund to us, upon the making of any such assertion, all amounts previously paid to you hereunder. Do you see that?
A: Yes.
Q: Now, to your knowledge, had you made any claim to --
A: Huh-uh.
Q: -- own or to be able to recapture the copyrights of your brother, Joseph Shuster?
MR. TOBEROFF: Objection, calls for a legal conclusion, vague and ambiguous. You can answer the question if you understand it.
A: Yes. No, I haven't made any claim.
Q: Are you aware as to whether or not the estate of your brother has made any claim?
A: My son handles everything legal, so I don't -- I don't know what's going on there.
Q: Okay.
(Exhibit 17 marked.)
Q: I have asked the court reporter to mark as Exhibit 17 the document; one-page document appears to be a letter that bears Bates number 53 on it.
A: Uh-huh. Um. Okay. I remember that.
Q: Did you -- is this -- did you write this letter?
A: Uh-huh.
Q: And this is your signature at the bottom?
A: Yes. Yes.
Q: Do you have regular contact with Joanne Siegel.
A: Uh-huh.
Q: How often do you communicate with her?
A: Oh, we call each other on the phone.
Q: When is the last time you spoke with Mrs. Siegel?
A: A few weeks ago, I think.
Q: And do you recall what you discussed?
A: Family stuff. We never talk business.
Q: Have you ever had any conversations with her about her lawsuit?
A: Never.
Q: I would like to invite your attention to the second paragraph, first sentence, says, quote, "There was so much injustice done that I am hoping the wrongs will be righted and that your attorney will get a fair deal for you," period, closed quote. Do you remember reading that -- writing that?
A: Yes. Yes.
Q: And did you -- was that referring to something that you had discussed with Joanne?
A: Yes. I knew she had an attorney.
Q: Do you recall who that was?
A: No.
Q: At some point did you recommend to Joanne Siegel that she -- strike that. Do you have any kind of agreement with Joanne Siegel about money relating to Superman?
A: No.
Q: Do you know, for example, how much money she receives from Warner Brothers?
A: I have no idea.
Q: Do you know whether she knows how much money you receive?
A: I think she is the one that -- is the one that got it for Frank, and then I inherited it, so I think she knows about -- yes, what I get, yes.
Q: And do you -- other than -- are you still receiving the $25,000 per year?
A: Uh-huh.
Q: And do you -- do you also receive other money from DC Comics?
A: No.
Q: Do you ever receive bonus payments from them?
A: No -- no. No. I don't remember. No, we didn't get anything for -- this latest one, no.
Q: Have you ever gotten a bonus payment?
A: No, I don't -- no, I don't think I ever did. No.
Q: Okay. When you referred to injustice being done, what were you referring to?
A: Well, over the years they were not compensated for -- for their creation, so that's the injustice.
Q: That's what you're referring to?
A: Yes.
Q: Was there any other injustice that you are referring to?
A: No.
Q: And you mentioned that you never talk business with Joanne Siegel?
A: Huh-uh.
Q: Have there been ever any instances -‑
MR. TOBEROFF: I think that mischaracterizes -- I believe it mischaracterizes the testimony, but that's okay.
A: Well, I mean, I knew she had had a lawyer.
Q: Okay.
A: But I mean, I didn't know any of her dealings with -- with whatever was going on with her personal -- her personal case. We never talked about her personal case, that's what I mean.
Q: Do you recall when -- when you first met Mr. Toberoff?
A: Uh-huh.
Q: When was that?
A: Um -- 2001, about the middle of 2001 sometime.
Q: And earlier today your son indicated that Mr. Toberoff's name was given to Joanne Siegel?
A: Uh-huh.
Q: And he thought that you had been the one to communicate that?
A: I told her about him.
Q: Do you recall when you did that?
A: Maybe about a year later, after -- after we had, I don't know, Marc Toberoff as our counsel, and she was unhappy with or she was -- she was unhappy with her lawyer.
Q: What did she tell you about being unhappy with her lawyer? What did she tell you?
A: Well, he -- the case -- her case wasn't moving.
Q: And was that the only thing that she expressed to you was making her unhappy?
A: Yes, I think so. Nothing was happening, as far as I know. So I told her -- I thought that Marc Toberoff would -- we liked him very much, and we -- we felt he was very ethical, very knowledgeable, very intelligent. And so we -- I -- I on the telephone, I suggested that she get in touch with him.
Q: Okay. Do you recall whether she -- did she ever tell you that she did that?
A: Oh, yes, she did.
Q: What did she tell you?
A: Oh, she told me that she called him and that they -- they had a luncheon. I guess they met for lunch or something. She and Laura and Mr. Toberoff met for lunch in LA.
Q: And what did she tell you about that meeting?
A: I -- she asked him a lot of questions and she liked him a lot.
Q: Did she tell you what questions she asked him?
A: No. No.
Q: Did she tell you why she liked him?
A: She thought he was smart, ethical. She got good vibrations about him and so did I. So –
MR. TOBEROFF: Thank you.
Q: I was going to say, what's not to like?
MR. TOBEROFF: I'm not -- I'm not allowed to -‑ If you wake up every morning after talking to the defendants to see if there are horns growing out of my head.
Q: (By Mr. Perkins) Mrs. Peavy, do you recall signing any agreements with any of Mr. Toberoff's companies?
A: Yes, I guess we did. Companies or with Mr. Toberoff?
Q: Did you get legal counsel with respect to whether or not to sign those agreements?
A: We couldn't afford any legal counsel so, no. I just had a good feeling -- we just had a good feeling about him.
Q: Okay. Do you recall in any of those agreements that you signed how much Mr. Toberoff would receive in connection with whatever income you received from Superman?
A: No. We went in as partners, as far as I know.
Q: And when you say partners, what do you --
A: Well, I mean, we couldn't afford anything, so --
Q: So by that you mean a 50-50 partnership? Is that what you were saying?
A: Yes.
Q: In 2005, were you -- did you receive a letter from Paul Levitz making an offer to license certain Superman rights?
A: I think Warren might have. I am not sure about that.
Q: That's okay.
MR. PERKINS: Can you show her what was previously marked as Exhibit 10?
Q: Before I have you read the whole thing, Ms. Peavy, and I don't think we're going to do that -‑
A: No.
Q: Because I want to -‑
A: Anyway, you know, I don't think I read it.
Q: You don't think you read this?
A: No, because that's legal stuff and I just -‑ I let it -‑
Q: Were you aware that this -- among other things, there was an offer to pay a -- to pay two million dollars to you and Warren if you would sign an agreement?
A: You know, my son didn't take it seriously because we didn't talk about it. He just said he got a letter and he wasn't -- forget it.
Q: Did he say anything else to you about it?
A: Huh-uh. I don't think we -- I don't think he took it seriously.
Q: Are you aware that DC Comics had offered to pay you two million dollars?
A: Yes. I think he might have mentioned that, yes.
MR. PERKINS: I just want to take a quick break.
(A recess was taken.)
Q: (By Mr. Perkins) I wanted to go back to something that counsel said regarding Exhibit 14. Exhibit 14 was produced. The Bates numbers are DCC 6476 through 6479. That I have with me. I don't have --
MR. TOBEROFF: I'm sorry, 6476 through 6479?
MR. PERKINS: That's right. It's actually a more complete document that's produced that has the actual receipts and bills that go with it.
MR. TOBEROFF: Oh, okay.
MR. PERKINS: So it goes all the way through 6494. As for the handwritten letter, I don't have it with me but, you know, my recollection is that was also produced.
MR. TOBEROFF: Okay. If I am wrong I take back what I said.
MR. PERKINS: Mrs. Peavy, I have no further questions for you. Thank you so much for coming today. It was a pleasure meeting you.
THE WITNESS: Oh, thank you very much. Okay. So that's all?
MR. PERKINS: That's it.
(The deposition concluded at 2:33 p.m.)
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