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Show 7518 Voorhees- D 5497 witness who are going to testify along the same lines? MR. BLACKMAR: There will be several of them, yes. MR. BLACKMAR: Then there will be this situation which I desire to call to your Honor's attention, that would necessarily follow; in the event of error, I don't think a new trial could be avoided in either case, unless we put in our additional evidence. There are many witnesses we would call if the government should make a further showing, if your Honor should rule-- of course, if your Honor rules it is proper rebuttal, there would be one result, if the method is adopted of letting this witness on rebuttal testify and other witnesses testify, then if the Supreme Court should hold that that was proper, why, in order for us to safeguard ourselves, we would have to ask leave to put in further testimony of the same kind, touching the same subject, touching the matter of depths and troubles on those trips, so the full story would be there. THE SPECIAL MASTER: That does not necessarily follow, that you have that right. MR. BLACKMAR: I think a new trial could not be avoided unless that right were granted. THE SPECIAL MASTER: Evidence is frequently attempted to be put in in rebuttal and held erroncous by the Supreme Court, |