Refresh

To "refresh the memory" means to consult letters, diaries, or other memoranda in order to be enabled to recall the details of a past eventi After that, the witness is regarded as speaking from memory. A witness may refresh with memoranda not in themselves admissible. He need not remember the 1 Hunt V. Rousmaniere, 1 Pet. *13-]4 (18i8), Washington, J.; Same v. Same, 8 Wheat. 21] (1823); Walden v. Skinner, 101 U. S. 583 (1879); 1 Story, Eq. §§ 151-30; 2 Pomeroy, Eq. §§ 845-71. ■' Howland v. Blake, 97 U. S. 626 (1878), cases, Hunt, J.; Maxwell Land-Grant Case, 121 id.

381 (1887), cases; 4 Cliff. 682; 76 N. Y. 458; 1 Story, Eq. § 1,52. > Snell II. Atlantic Fire & Mar. Ins. Co., 98 U. S. 89-90 (1878), cases, Harlan, J. See also Elliott v. Saekett, 108 id. 142 (1882); Leaver v. Dennett, 109 id. 90 (1883); Baltzer v. Raleigh, &c. H. Co., 115 id. 645 (1885), cases; Coyle v. Davis, 116 id.

108(1885); Reed v. Root, 59 Iowa, S.'iO (1882); Fessenden v. Ookington, 74 Me. 125 (1883), cases; Clark v. Higgins, 1.32 Mass.,589-90 (1883), cases, ' Palmer v. Hartford Fire Ins. Co., 54 Conn. 501-9 independent facts, the notes must be primary, but need not have been made by the witness, as, a deposition. If the notes fail to refresh the witness's memory, the opposing party is not entitled to inspect them.' It is well settled that memoranda are not admissible unless reduced to writing at or shortly after the time of the transaction, while it must have been fresh in the memory of the witness.'* The opposite party may inspect a memorandum and cross-examine in regard to it; and it may be shown to the Jury, to prove that it could not properly refresh the memory.' There are cases which declare that, imless prepared in the discharge of some public duty, or of some duty arising out of the business relations of the witness with others, or in the regular course of his own business, or with the concurrence of the party to be charged and for the purpose of charging him, a private memorandum canno.t under any circumstances be admitted as evidence. There are other cases to the effect that where the witness states, under oath, that the memorandum was made by him presently after the transaction to which it relates, for the purpose of perpetuating his recollection of the facts, and that he knows that it was correct when prepared, although he cannot recall the circumstances so as to state them from memory alone, the paper may be received as the best evidence of which the case admits.* The writing is used to aid the memory. As the facts must finally be stated from personal recollection, if the witness has an independent recollection there 'is no propriety in his inspecting any note or writing.^ Refresher. In England, a fee paid to a barrister in a case unexpectedly px-olonged and laborious, either for re-perusal of briefs, or by way of reviving interest in the litigation.

Refreshment.

See Entertainment.

See Entertainment.