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Show 7512 Voorhees- D 5491 two- foot channel was places in this case by Mr. Farnsworth. THE SPECIAL MASTER: No, your evidence tended to prove the non- existence of such a channel, and the state introduced evidence to prove the existence of such a channel. That is the necessary testimony to sustain the respective stands taken by the parties on an issue. Now, this witness is produced to further support the evidence which you introduced. Seems to me, if anything, it is part of your original case. I do not see that it is proper rebuttal. Of course, I can not tell just exactly what the witness is going to testify to. Apparently, as you state, it is to contradict or controvert the testimony given by one or more of the defendant's witnesses on the one issue. MR. BLACKMAR: That is my theory of it, your Honor; it is with regard to the two- foot channel; also some other things. THE SPECIAL MASTER: Of course, I don't know what the other things are. I can not rule on that. MR. BLACKMAR: Does your Honor rule, then, so far as -- THE SPECIAL MASTER: I haven't ruled yet. I am listening to you. I am open to argument on the legal question raised by Mr. Farnsworth. Of course he has the right to press that objection for what it is worth. |