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Show 6641 Howland- v. d. 4631 THE SPECIAL MASTER: I think th e witness is entitled-- if his signature to the statement is challenged, I think he is entitled to say whether or not he wishes to make any change in his statement. Very frequently happens when counsel con-sult witnesses in the preparation of a case matters are brought out or omitted which are afterwards supplied or even modified on the stand; it is not an uncommon occurrence on either side. Out of fairness to the witness it should not be left simply that he makes a statement in writing, then afterwards parties think he makes a different statement on the stand, if that is allowed to make any further statement he desires. I don't know whether he desires to make any. MR. FARNSWORTH: I don't see anything impeaching in the statement, myself, as far as that goes, only it doesn't cover as fully the ground as his testimony. THE SPECIAL MASTER: I don't know whether there is or not. The witness should be allowed to make any further explanation or statement he wishes to; may not help either side, or may not hurt either side, but out of fairness to the witness. BY MR. FARNSWORTH: Q Mr. Howland, I will ask you whether or not while |
