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Show 5086 F. Johnson- RC 3098 RECROSS EXAMINATION BY MR. FARNSWORTH: Q On this first occasion when you say Mr. Galloway came down the river, did he tell you where he came from? A I don't remember, it is so long ago, and I was so small. I don't remember. Q You have no recollection of asking him or his having told you where he came from? A All I remember of Mr. Galloway, he stayed at our place there; he made a main- spring for my gun. Q You don't remember him telling you where he came from? A No sir, I don't. Q On the second occasion did he tell you where he came from? A Yes sir. He said he started in -- THE SPECIAL MASTER: I don't suppose this is competent. MR. FARNSWORTH: I think it is, your Honor. THE SPECIAL MASTER: How is it competent, what he told him? MR. FARNSWORTH: I don't think it is hearsay. I think a declaration made by a deceased person with reference to a matter of this character, where there is no motive to testify falsely, is an exception to the hearsay rule. THE SPECIAL MASTER: I will let it go in for what it is worth. |