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Show 7065 Baldwin- D 5036 THE SPECIAL MASTER: I understand from Mr. Farnsworth's examination of the with preliminary to using this document as a refresher of memory, that he has brought out from the witness precisely the facts which are necessary to establish a witness precisely the facts which are necessary to establish a witness's right to use a document to refresh his memory. MR. FARNSWORTH: Let me just explain -- MR. BLACKMAR: Let me go on with my question. MR. FARNSWORTH: I want to make a statement; I think it will clarify things. understand the rules of evidence, I will say frankly to your Honor this diary of course is not admissible; I will go further than that, and say I don't think it would be ad-missible if the lady herself were here. I don't think those principles have a thing to do with here. I don't think those principles have a thing to do with the matter of the proper use of this diary at this time. This witness, upon his testimony, can use that diary to refresh his recollection probably very much better than Mrs. Baldwin could, herself, if she were here. Probably her testimony, even if she used this diary, would not be |
