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Show 7066 Baldwin- D 5047 hearsay or anything else; it is a record that was kept and it happened to be correct, of this man's own personal know-ledge; and for that reason, and that reason only, it may be properly used. ( Thereupon the reporter rad the last preceding ques-tion, as follows:) " For instance, on this document which you have just offered in evidence, or just presented in the court, where it refers in here to the amount of tonnage carried, where would your mother get that informa-tion?" A There is not any in there -- THE SPECIAL MASTER: Just a minute. Didn't I understand you to say you were not going to use the question of tonnage? MR. FARNSWORTH: No, I am not going to use that. I don't know that this witness has checked that, that he did check it at the time. I don't intend to use that; intend to use anything about the experiences of the trip down there; I don't think that is proper. The witness does know when this boat went out and came back, and he did know at the time, and he boat can so testify, by using this diary to refresh his recollection. |