Fisher v. Kyle

We think the court erred in refusing to allow the witness Draper .to read to the jury the minutes taken by him of the testimony of Kyle and Sawyer on a former trial.Draper was employed as attorney for Fisher in the former trial, and testified that as such he made minutes of the testimony of these witnesses, which he knew to be correct. He was then asked to read these minutes in evidence, but on objection, the court refused to permit it.

Had Draper testified to any present recollection of what these witnesses swore to, he would have been allowed to state what it was. But clearly his minutes,…