Gibson v. Gillespie

During the progress of the trial, the following questions of law were passed on by the court:

Mr. Morford, counsel for the plaintiff, offered in evidence the testimony of a witness given at a former trial of this case in which the jury had disagreed. It appeared that a subpoena had been issued for the witness in question, but had been returned non est.

In support of the offer, counsel cited Jones on Evidence (Civil Cases) 507, § 341.

Mr. Finger, counsel for the defendant, objected, saying:

“I never heard of testimony at a former trial being introduced into evidence. I have known it to be done by…