OCR Text |
Show 5693 Richardson- D 3700 145 witness who is familiar with other rivers can testify on those questions. dence of that character is not admissible. Suppose he would say, " No, I know of other river." Suppose we disagreed with that. Suppose we desired to come in then and prove that the witness is mistaken, and that in order to prove our point, we would be compelled to go to the trouble of showing that some particular river that we have in mind is like this river and is being navigated: I do not think that this Court would permit us to introduce that type of evidence. The Special Master. I don think it is at all admiss-ible on the question of whether this river was or was not navigated. To the extent that this witness has any knowledge ot rivers similar in character to this river, it would seem to me that he might testify as to whether such rivers and practical navigation, and that might have some bearing on the capacity, or capability, of this river, for legal naviga-bility. But I not think that that question is presented |