Kay v. Benson

1. One ground of tbe motion for a new trial complains of questions propounded by the trial judge to a witness who, as notary public, had taken an affidavit of the defendant, as follows : “ Q. Did you tell these men about swearing to this affidavit that it ivas a mere matter of form? A. No. Q. Did you sign your name as notary public, that you had sworn a man when you had not done so? A. I read that document to them. Q. You were appointed notary public by this court; is that the way you transact business? A. Very few would swear a man. At the same time I wrote this out myself. I wrote this out…