Green

On cross-examination, the witness Nye stated that he and Collins, during all the times that the occurrences he testified to were going on, were in a yard back of the saloon, and the back room was between them and the front room, wheré the bar was. That the partition, over which he could not see, ran between the front and back room, and the door in this partition was closed.

That the only way he could see what took place in the front room was by looking through an opening in the partition at the end of the counter, about four feet by two, over the ice chest, which was the' same height as the counter—they standing at a door leading from the back room to the yard, about sixteen feet from the ice chest.

This testimony was given in answer to questions asked by the defendant’s counsel, for the avowed purpose of showing that it was impossible for the witness to have seen what took place in the bar-room while the witness was at the hack door.

.. Mr. Campbell, for the prosecution, asked the Court to send *61 the jury in charge of the witness Eye to sec the Independent saloon, and that Mr. Eye should show the jury the relative positions of the parties.

Mr. Terry, for defendant, objected…