Oscar C. Weber—For Plaintiff —Cross.

259

Judge Gannon: I object to this—this isn't a report. It doesn't purport to be a report; something written out in somebody else's handwriting and signed by this witness; that isn't a report.

Mr. Eadie: It isn't?

Judge Gannon: It was gotten rather promptly, I notice.

260

Q. Now, you would not under any circumstances have made a false written statement over your signature as a volunteer lifesaver, would you? A. I don't think I would.

Q. No. Now, when you signed that as that accident happening at the foot of Main Street, that report was absolutely true, wasn't it? A. Repeat that again, please?

Q. When you signed that and said that the accident happened at the foot of Main Street—the hole was at the foot of Main Street, that was the true report of the accident, wasn't it? A. I don't know as it was

Judge Gannan: I object to that. It isn't a report of the accident, and shouldn't be called a report.

The Court: He has referred to it as his statement, as this gentleman's report.

Mr. Eadie: It was a report.

Judge Gannon: It isn't a report to any authority. It is an investigator that got him to sign a paper.

Mr. Eadie: We didn't get him to sign it.

261

Q. Now, are those statements contained in there true or untrue? A. Some of them are and some of them aren't.

262

Oscar C. Weber-For Plaintiff-Cross.

Q. What is untrue about it? A. (Referring) Wait until I read this over—this isn't complete, one section.

Q. No, no, we aren't asking you whether it is complete or not

Judge Gannon: Wait a minute. I object to it.

263

Q. The question is, you point out in that anything that is untrue?

The Court: He said some of it was untrue. The question was, point out what was untrue.

Judge Gannon: He says it isn't complete—just now, Judge.

The Court: I know he says that now, but that wasn't the answer to this question before him.

264

A. This statement says that it was about 50 yards off Main Street when I heard screams; that is true; but we paddled back; we didn't dive exactly where we heard the screams; we paddled back to where the people were.

Q. That isn't untrue, is it? You still say- A. When we heard the screams

Q. Doesn't that statement say that? A. Yes, but this statement says we dove off from the canoe. We didn't. We paddled back to where the people were drowning, and that was several blocks back.

Q. Where does that say you dove off the canoe? Just point out in that one untrue statement that you made at that time. That is what the jury want to know. A. It doesn't say here at all we turned around to go back.

1

Oscar C. Weber-For Plaintiff —Cross.

265

266

Q. Well, you didn't say in that statement where you turned around? A. No, I didn't write this statement.

Q. What? A. I didn't write this statement.

Q. Now, the question is: Can you or can you not answer it-you said that that statement contained untruths—all I am asking you is that you point out one single statement in it that is an untruth? A. I will have to read further—(referring)—yes, sir, right here

Q. What is it? A. In one place it says this sign at the foot of Main Street, and the man who was drowned at the foot of Main Street—that is wrong.

Q. And now you say that that was untrue? A. Yes, sir.

Q. And that was the statement signed by you on August 3rd, 1929, is that right? A. Yes, sirso you say.

Q. And when was the accident? A. July 29th.

Q. July 28th-five days afterwards you put in over your signature the fact that this man was drowned at the foot of Main Street, and you now say that is untrue? A. In those five days

Q. Now, wait-you stated here in answer to my
previous question that the next time that Main
Street was mentioned to you was here in court,
when I inquired about it—didn't you? A. Yes,
sir, because I didn't-
Q. Now, wait

Judge Gannon: Just a minute.
The Court: Yes, is the answer.
Judge Gannon: Let him finish his an-

267 268

Oscar C. Weber-For Plaintiff-Cross.

269

Q. Now, when was the next time when anybody suggested Swinnerton Street to you? A. Nobody suggested Swinnerton to me.

Q. Didn't you talk it over with this captain of the lifesaving corps ? A. Yes, I have talked it over with him.

Q. When did you talk to him? A. Oh, various times ever since the case has happened, we have talked of that case.

Q. Did you talk to any representatives on the other side, the plaintiff's attorneys? A. Well, I talked to the lawyer.

Q. Yes; when did you talk to the lawyer? A. Well, I have talked to him lots of different times.

Q. How many times? A. I can't count them; I can't remember.

Q. Did any lawyer tell you that the Harmon property was not at the foot of Main Street? A. No, sir.

Q. Did you look at the maps and prepare your testimony in this case? A. I have looked at the maps in order to get my directions.

Q. Did you find the Harmon property was not at the foot of Main Street? A. No, sir.

Q. What? A. I don't know just where the Harmon property comes to—whether it is the foot of Main Street or not.

Q. You knew Swinnerton Street was nearer to the Community Beach than Main Street, didn't you? A. I knew, but I am not sure of those streets down there.

Q. And when was it that you decided to turn turtle on your statement and change your testimony from Main Street to Swinnerton Street ? A. I don't ever remember stating that it happened at Main Street, if it is signed in here

270

Oscar C. Weber-For Plaintiff —Cross.

271

!

Q. Do you mean to say you signed that statement over your signature and you didn't know what you were signing previously? A. I have an idea, but I wasn't sure.

Q. You weren't sure— A. We were questioned every day about that case, before this statement ever came to me-newspaper reporters have been around at me every day.

Mr. Eadie: I ask that these statements be marked for identification.

Judge Gannon: Don't you want anything in evidence?

Mr. Eadie: No, I never put in evidence- 272

Judge Gannon: I don't think it is proper to cross-examine a witness on a statement without putting it in evidence.

Mr. Eadie: Certainly it is.

Judge Gannon: And then decide afterwards whether he wants to use it or not.

Mr. Eadie: It is proper procedure.

Judge Gannon: I object to that, and I insist it be marked in evidence. This may never get to the jury, if it doesn't please my friend to offer it, and I want to get it before

Mr. Eadie: If you want to put it in, you
can put it in.

273
Judge Gannon: You have no right to
question on it without putting it in evi-
dence.

Mr. Eadie: It isn't my turn to put it in
evidence.

The Court: I will allow it to be marked
in evidence; I think the-

Mr. Eadie: If I put it in evidence here,
I am foreclosing my right to dismiss at the