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Show 7514 Voorhees- D 5493 Blackmar, who has the burden of proof here. Your case depends on non- navigability of the river. One of the elements of your case depends on the non- existence of a channel, or the non- existence of a sufficient channel to render the river navigable. That is an affirmative burden which you have to sustain, I suppose. MR. BLACKMAR: If your Honor will pardon me, I do not want to commit myself at this time to any theory that the burden of proof is upon the government to establish non- navigability. MR. FARNSWORTH: You assumed that burden, anyway. way. THE SPECIAL MASTER: That is the allegation of your bill, and if it is an essential allegation of the government's bill, then the burden rests upon you to prove one of the essential allegations; I say, if it is. You have introduced evidence which tends to sustain that burden; unless you had sustained all the burden of proof required by your bill, there was no necessity, of course, for the state to put in evidence. The state did not choose to risk my finding that you had sustained. Therefore the state puts in its evidence in denial of the facts which you produced testimony to prove, MR. FARNSWORTH: May I state this, I don't want |