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Show Record started to make it and I then saw it from time to time. I would refer to it to ascertain when some man went down. She only made a record of a part of the trips made by the smaller boats, the trips Virgil made. We have used the diary for the purpose of referring 5049 to the date when we started to run the big boat. Mr. Clark used the diary in his testimony in this case in Denver in regard to dates and the number of trips we made with the big boat. All I know is that Mr. Clark took the diary to Denver with him. Virgil has kept it since it was in Denver. It was kept in the house at my mothers the other times. When I brought it here I got it from Virgil. When Mr. Clark got through with it in Denver he turned it 5052 over to Virgil. By using my mother's diary, a copy of which has been marked defendant's Exhibit 27. I can refresh my recollection so as to be able to state of my own knowledge that the trips by Virgil Baldwin in the big barge were made at the times set forth in the diary, and it will refresh my recollection that I can testify by referring to it, because I knew it was correct at the time the entries were made. 5053 Counsel for complainant: Now I am willing to stipulate the witness will testify he can refresh his recollection and would 5054 testify the trips were made on the dates specified in the document. Counsel for complainant stipulates with counsel for defendant that the copy of the diary may become a part of the record in order to indicate what trips the witness is referring to without going through them trip by trip, and that the copy may be introduced with the same force and effect as the original document. Defendant's Exhibit No. 27, being a compared copy of the original diary of Mrs. Lottie J. Baldwin of boat trips on the Color-ado River by Virgil Baldwin on the big boat or barge of the Moab Garage Company, was received in evidence. Clarence E. Baldwin testified on cross examination as fol- lows: 751 1872 |
