The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-18

Did you use at the trial of the Mi
| chael Dewitt case in the federal court
| a map showing cross the cross section
shown on map L. and which map
was marked and known as LIZ"
Yes, sir"
win you please produce the map?"
Inc witness got the map and Judge
Mediation objected to the evidence
sought to be introduced on the ground
that 1t was incompetent, Irrelevant and
immaterial, and that it was not cross
examination. Judge Mediation said il
1t was sought to impeach the witness,
or to show that he had made different
statements at another time, it was not
proper to do it by the map in ques-
ton. He also argued that the matter
testified to in the Michael Dewitt case
was immaterial, that the latter case
was between different parties and had
nothing to do with the present case.
Mr.. Patterson argued that the evil
dence was very material If 1t could
be shown by the map and Mr.. Macfar-
lanes verbal statements that there
was "a material conflict between his
testimony at the former trial and his
testimony at the present trial. He
said the testimony was also material
for the purpose of determining what
degree of credit the court should give
to the witness testimony now.
of evidence that was advanced by Mr..
Patterson. The testimony. said the
court, must conform to the allegations
and must be confined to them. The
map was ruled out.
The witness, who had the map in his
hands. laid it aside and Mr. Patterson
told him not to be in a hurry, which
brought protests from both Attorneys
Mediation and Hughes. who objected to
Mr.. Patterson BORDERING the wit
ness
Mr.. Patterson wanted to make a
statement and the court interrupted
him.
You might just as we'll stop where
you are" said the judge. The court
has ruled and you can take an eXcep-
ton
Il wish to make statement to the
court said Mr.. Patterson, but if the
court arbitrarily tells me to stop
must do So
You want that map in. and I don't,
and that is the end of it, said the
court.
May I explain to the court at
which point the cross section is so that
it may go in the record?' asked Mr..
Patterson.
go on"
Attorney Hughes objected to any
statement on the subject being made
anu thl AhcIldlluIl bDJeClcu W lHe
statement going in the record. Mr..
Patterson finally obtained permission
from the court to ask a few questions
of the witness for the purpose of To-
eating the cross section represented on
the maps l. and IL.
How far west from the northwest
corner of the Pennsylvania claim is
cross section LIP
About 131 feet. I should Judge" re-
piled the witness
What is the distance shown on the
cross section map LIP
An objection to the question was
overruled and Judge Mediation asked
that for the purposes of the question
the witness be considered the defend
ants witness. but the court ignored
the request and the witness, answer
ing the question, said he did not know
as he did not recollect
Mr.. Patterson asked that the witness
refer to the map, but an objection was
sustained Mr., Patterson then asked
that the stenographer mark the map
for the purpose of identification. but
the court would not permit that. Mr..
Patterson next made an offer to show
by the witness on the stand that the
map used by him in the trial of the
Michael Dewitt case, a suit which in