Brownlow

(after stating the facts as aboye). One of the prohibition agents who testified for the government was permitted to refresh his memory by reference to a memorandum book in which he had made entries on the evenings of the days when he had purchased drinks at the West Side. Hotel. On cross-examination, counsel for defendant demanded possession of the book. The court directed the witness to take out of the hook the memoranda with reference to the dates about which the witness had testified and to hand these memoranda to counsel for defendant. An exception was reserved to the refusal of the court to require the witness to deliver the entire book. It appeared that the book contained memoranda with reference to the activities of this prohibition agent in matters in no way relevant to the questions which were being tried out. In Commonwealth v. Haley, 13 Allen, 587 , 588, the Supreme Court of Massachusetts says, with reference to the right of inspection of a memorandum used by a witness:

‘‘This rule does not involve the duty of exposing everything contained in a book in which his memorandum is kept. He is only bound to show such parts of it as he consults to aid his memory, or such as…