AlfredACohen038

Obj'n. Mr. McAllister: On the part of the
plaintiff we object to the witness' being in=
=quired of as to the contents of a written
paper, which written paper is not produced.

Mr. Cohen: I am not inquiring as to
the contents: I am merely stating the con=
=tents to recall to his recollection as to
whether or not he made an affidavit.

Mr. McAllister: I think that amounts
to the same thing, and advise the witness
not to answer the questions until the
alleged affidavit is produced, or its absence
accounted for, its existence first being
proved.

A. Under the advice of counsel. I decline
to answer, as to the contents of any paper.

Q. 191 Mr. Cohen: I am not asking you as
to the contents of the paper: I am asking
whether or not you made such an affidavit.

Objn. Mr. McAllister: Counsel for plaintiff
makes the same objection, that the question
substantially amounts to a question calling
for the contents of the alleged affidavit;
and therefore again advises the witness
not to answer, as to the contents of that affidavit.

A. Under the the advice of counsel. I decline to answer.

E. H. Miller Jr.

37