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Show 7515 Voorhees- D 5494 to take a position that I do not think it thoroughly sound. I think clearly what your Honor has said is sound. Counsel has indicated this witness took some trips with Clarence Baldwin. If he will indicate, -- and the burden is on his to indicate, -- some trips described by Clarence Baldwin where Clarence Baldwin said that he did not get stuck on a sandbar, for instance, or that he met with no difficulty of that character in navigation, if that trip is singled out so that we one see that it is a trip as to which Clarence Baldwin made certain statements, and this witness would testify that on that trip the things detailed by Clarence Baldwin did not occur, I think he would be within his rights in offering such testimony. But I can not conceive how he could properly offer rebutting testimony to that of Clarence Baldwin without indicating definitely, identifying the trip, and making it clear from this record that Clarence Baldwin made some statements as to material facts, that is, occurrences of the trip which this witness says or would say did not happen. Now, except to that extent, he can not use any witness to rebut he testimony of Clarence Baldwin on any theory of the law that I know of. MR. FARNSWORTH: It is perfectly apparent I can not point to any specific trip. THE SPECIAL MASTER: I suppose the difficulty with |