494, 



tradict him they should be held to the rules of evidence the 

 same as they are observed elsewhere. The plain rules, common rules> 

 before you can call a third person to testify as to what Mr. Turner said 

 on some occasion about something, Mr. Turner's attention while he is 

 on the stand must be directed to that same subject and that same 

 time and place by the other side. If they had directed it may be he 

 would have said just what this witness will say. Because they have 

 not asked him they can't come up and by way of discredit to him say 

 by another witness what he might have voluntarily testified himself. 

 Assuming he would have told the truth if he had been asked upon 

 that subject, and for that reason the law of evidence is universal that 

 you must call the witness's attention to the time, place and circum- 

 stances and inquire, then if he denies or tells a story you may call 

 some other witness to show it differently. They haven't put them- 

 selves in an attitude to make any attack and for that reason I suggest 

 this testimony should be ruled out. 



Chairman Ryan.— I suppose under the strict rules of evidence the 

 question would be hardly admissible, but we haven't, during the 

 investigation, been confining ourselves very strictly to rules of evidence 

 that would be admitted on a trial. I see no harm that can result at 

 present from the witness answering the question. 



Q. You may state what was said now, Mr. Parker ? 



A. Well, as near as I can remember, I guess it was two years ago, I 

 can't remember the words or conversation. 



Q. Give the substance of it ? 



A. The substance of it was that he was talking very disrespectfully. 



Mr. Adams. — I object to that; if he said anything he must say what 

 he said, not characterize it. If he said anything that he can remember, 

 state that. 



By Chairman Ryan : 



Q. This statement that he made was in the railroad car? 

 A. Yes. 



By Mr. Anibal: 



Q. Go on. 



Q. (Mr. Adams.) What did he say ? 



A. He said something to the effect — 



Mr. Adams. — (Interrupting.) That I object to. 



Mr. Anibal. — He is going to give the substance. 



Mr. Adams. — He must state what was said in substance. 



The Witness. — I can't state the words, it is impossible to do that; 

 nobody couldn't remember the words and conversation two years 

 ago; all I can say is the sum and substanoe of the conversation. 



