Mr. Carpenter. Mr. Ingersoll did not say he made the offer.
Mr. Merrick. I think he did.
The Court. I think he did.
Mr. Carpenter. Just read it, Mr. Stenographer. He says nothing of the kind.
The Stenographer, (reading)
I insisted that we had the right then to produce them, and the Court decided that we had not.
Mr. Ingersoll. That is exactly what I say.
The Court. The Court did not give any intimation at that time, but after that point in the trial had passed, several days, several weeks, I think, the attention of the Court was called to this question, and the Court remarked, in the course of the opinion, that it understood the law to be that after a party, upon whom notice had been given to produce books, had failed to produce the books, and the other side had given secondary evidence, then the Court would not allow the party having the books to produce them for the purpose of contradicting the secondary evidence.
Mr. Ingersoll. That is all I claim.
The Court. But there was no such offer made, so far as I recollect.