Former Trial

Testimony given on a former trial may be given In evidence from the judge’s notes or from notes of any other person who will swear fo their accuracy, or by any person who will swear to its having been given; 3 Taunt. 262, per Mansfield, C. J.; so of any witness who will swear from his memory to Its having been given; Johnson V. Powers, 40 Vt 611. A justice of the peace may testify as to evidence given before him on a former trial; Mc Geoch v. Carlson, 96 Wis. 138, 71 N. W. 116. To impeach a witness by showing that he testified differently at a former trial one who had heard him testify is competent; Mc Rorie v. Monroe, 203 N. T. 426, 00 N. E. 724, Ann. Cas. 1913B, 94. It is no objection that the legally appointed stenographer could give better evidence; State v. Mc Donald, 65 Me. 466. See Depositions. FORMIDO PERICULI (Lat). Fear of danger. 1 Kent, Com. 23.