OCR Text |
Show 7546 5524 more for convenience of the trial of the case than for anything else. MR. BLACKMAR: Your Honor, I think at this stage of the proceedings, if we are all agreed that the improvement of the river since 1898 has no place in this case, that the proper situation would be for Mr. Farnsworth to withdraw such testimony rather than to cast the burden upon me to move to strike it out. THE SPECIAL MASTER: I don't ask you to strike it out. I say frankly, I will take the responsibility, as Special Master, the testimony having got into the case in the hurry of trial and the necessarily casual attention we can pay to it, testimony has got into the case that either side having carefully thought the mater over, would probably have agreed should not be in. If counsel don't not feel like taking the responsibility for their clients, one side or the other, I will take the responsibility myself and say it is the duty of the court, of any court, when testimony is clearly inadmissible, it is the duty of the court to strike it from the record. I don't suppose, Mr. Farnsworth could with draw the testimony he put in; but if you think he can, and Mr. Farnsworth cares to -- MR. FARNSWORTH: I can make this statement, from |