Page:Federal Reporter, 1st Series, Volume 8.djvu/827

CR4NDALI( y. BICHABDSON. ' .813 �rocking deYi(Ses "a new line of toy he had intrbducedj" thiathetWeen November, 1868, and Christmas, 1868, he saw, in Anden's paint- , room, parts of a profile horse, not complete, and that whatiie so saw was "the sides, substantially the same as Exhibit 3." Brown also says that he assisted Anden to go into business, by letting him have $148 worth of goods, and took the responsibility on his own sboulders. Anden was examined as a witness for the defendants on September 22, 1877, and gave the testimony before recited. On the same day Brown was examined as a witness for the defendants. On his direct examination, at that time, he was not asked anything as to Anden, although Anden had just testified as to his being with Elder & Brown for over three years, and as tohis selling his structures at his toy store in Chatham street at the same time that he was woiking for Elder & Brown. On his cross-eiamination, on September 22, 1877, Brown was asked: . - ' �"Cross-Q. 58. Do you know Johi Anden, the previons witnefis, and hpw long have you known him? A. I know him; I can go back as fa* as 186S, when I sold him goods. Cross-Q. 59i What was he engagedlin tien? A. Foreman painterfor Elder& Brown, my flrm atthat time. Cross-Q. 60? Did you ever see any rocking;horBes made. by him; and, if so, when flrsti,,, A. I didnot." ' , �This last question and an&we», standing alone, would be uoder- stood as meaning that the witriess had never seen any roeking-horse whieh Anden had previously made, and not that he had' never Been Anden go through the process of making a rooking-horse. The .above was all that Brown was thon asked by either side about Anden. Brown's testimony stood thus for more than two years, and until October 2, 1879, when he was called as a witness for the plaintiffs, and gave, partly on direct examination and partly on cross-examina- tion, the other testimony before recited as given by him. The defendants urge that Brown, having a pecuniary interest in Anden's venture, had every reason to examine and notice his stock. �Eoad, a driver, says he knew Anden while Anden had a store in Chatham square, and went into his store with and for goods gefaer- ally about twice a week, — first in 1869, in the fall, and last about 1870, in the spring, — and never saw thore a rocking device, with pro- file frames, resembling the plaintiff's structure. His testimony amounts to very little. The time he speaks of is more than a year later than the time spoken of by Brown, and he does not seem to have had any opportunity or occasion to see all that Anden had, or to visi.t all the rooms in his shop. ��� �