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Show 4550 Freeman- D 2569 no objection upon the ground that the original has not been produced, or upon the ground that this is a copy and not the best evidence. Does that cover it? THE SPECIAL MASTER: Or course, books of history, or historical works, I am not now saying whether that comes within that category or not -- those historicla works frequently do not quote, they summarize. MR. FARNSWORTH: Counsel asked me this question. I am answering him. THE SPECIAL MASTER: I didn't hear what the question was. MR. FARNSWORTH: I am answering the question he asked. I say, we will raise no such objection. MR. BLACKMAR: The same is true of Mr. Dellenbaugh's book? MR. FARNSWORTH: Yes, so far as anything is pertinent, so far as anything in Mr. Dellenbaugh's book is concerned where he purports to quote, we will waive the objection that that quotation is not the best evidence. THE SPECIAL MASTER: The court, of course, on this question of historical matter, has gone pretty far. instance, I call counsel's attention to the first Montello case, 11 Wallace, in which the court says: |
