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![handle is hein.trials/aawn0003 and id is 1 raw text is: 1017
SARATOGA SPRINGS, Nov. 27, 1857, 9' o'clock A. M. 5071
The re-direct examination of the witness, Thomas B. Cook, was
resumed.
Q. 120. In your opinion, as a spike maker, did those relative propor-
tions of expenses vary; and if so, about how much ?
[The defendants' counsel objects to the interrogatory as irrelevant
and immaterial; and also upon the ground that it asks for the opin-
ion of the witness which is not founded on facts given in evidence,
and that it does not ask for a fact.
The Master decides, as he has heretofore frequently decided, that 5072
the complainants may give in evidence estimates made upon proper
data, of the relative expenses of repairs, at the complainants' Works,
charged to the spike machines when making hook-headed spikes, and
when engaged in making other kinds of spikes, from the 1st of
June, 1855, to the 1st of April, 1857. And may prove then by this
witness or otherwise, that the relative expenses of such repairs were
the same, or probably the same, at the defendants' Works, during the
time for which the defendants are required to account, or during that 5073
part of the time in which similar expenses there are to be apportioned
between hook-headed spikes and other kinds of spikes made there.
But that the complainants have no right to ask the opinions of wit-
nesses, as to the probable relative proportions, or about the probable
relative proportions, of unascertained and unascertainable expenses
of repairs, at the complainants' Works, long since the time for which
the defendants are required to account, made upon machines there, in
making hook-headed spikes, and in making other kinds of spikes, re- 5074
spectively.; that it already appears, from the answers of this wit-
ness, that he does not know what were the expenses of iron and steel
used by the blacksmith, which did not pass through the machinist's
hands, or of the materials used by the carpenter, or of the chilled
cast iron heading cams and bending cams, or of the cast iron side
steel, or of the die-filer's labor in filing new dies, (used or employed
for repairs upon the spike machines) at the complainants' Works,
during the period of time embraced in this interrogatory ; and that the 5075
estimates called for by this interrogatory are not therefore based
upon any ascertained or ascertainable facts. The interrogatory is
therefore overruled.]
Q. 121. Look upon Complainants'Exhibits F 3 and G 3, and state, so
far as you can ascertain from the entries on those exhibits and from
your knowledge and recollection of the facts, what were the differ-
ent kinds of materials, and about the quantities of each, used by the
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