Publisher's Synopsis
Excerpt from Jeannette Inquiry: Before the Committee on Naval Affairs of the United States House of Representatives Forty-Eighth Congress
Mr. Curtis. Supposing the recollect on of some of them might have been affected by climate; supposing they might have been affected by other in?uences?
Mr. Boutelle. Would they be more likely to be affected than the memory of this gentleman?
Mr. Curtis. I think so; they might. But certainly if a person oes upon the stand, for instance, and swears to a state of facts it canno be contended that the other side will not be permitted to show that he has made a different statement to a disinterested person.
The chairman. N o and there is where the difficulty comes in at present. My understanding of the rule Is that that Is used by way of impeachment of a witness. A witness testifies, and if he has had a conversation with an outside party on the same subject matter before, his attention is to be called to that fact, the time, place, and circum stance, and as to who were present and where the conversation was had, and asked if at that time and under those circumstances he did not state so and so to A B or C D. He may admit it when his memory is refreshed in that way, but if he denies it you have the right to impeach his evidence by the introduction of that.
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