The Court. Without looking at the book I take risk of saying that the Court never announced its opinion on that question until the case referred to a few moments ago.
Mr. Ingersoll. I just gave my memory on the subject. It does not make any great difference in this case, of course.
Mr. Carpenter. This is during the cross-examination of Rerdell.
The Court. Yes, the Court did state on that occasion:
That is not the point here. If they are allowed to go on and cross-examine this way without the production of the books, they cannot contradict the witness afterwards by producing the books.
I had forgotten that I had announced it twice.
Mr. Ingersoll. If the Court please, I did not want to bring this up, because I knew you had, and so I thought I would slip you the book and let you off easy.
The Court. I do not think it weakens the position at all that the same announcement has been made twice instead of once.
Mr. Carpenter. We thought it made it stronger.
The Court. Still, the books were not produced.