Day 041 - 28 Oct 94 - Page 47

     
     1        been previously.
     2
     3   MR. JUSTICE BELL:  That is what I understood.  That is what
     4        I understood, Mr. Morris, the point of it was.  Let us just
     5        analyse that for a moment.  Insofar as you want to put an
     6        extract from a book to a witness, for instance, Mr. Hawkes
     7        or, in due course, Mr. Green, because you are concerned --
     8        it may be with every justification -- that the book does
     9        not stand as evidence itself, but if a witness accepts it
    10        as McDonald's policy, then it is in evidence, that
    11        I understand.
    12
    13        So, I understand that you might want to put parts of this
    14        book or Mr. Kroc's autobiography to a witness so that, if
    15        the witness agrees, as Mr. Hawkes agreed with something
    16        which you put about a quarter of an hour ago, then it is in
    17        evidence, do you understand?
    18
    19   MR. MORRIS:  Yes.
    20
    MR. JUSTICE BELL:  It is actually admissible evidence.
    22
    23   MR. MORRIS:  Yes.
    24
    25   MR. JUSTICE BELL:  But I do not understand where you are going
    26        at the moment.
    27
    28   MR. MORRIS:  I do not know if it is necessary for the whole
    29        court to understand where I am going ---
    30
    31   MR. JUSTICE BELL:  Well, it is ---
    32
    33   MR. MORRIS:  -- if I am going somewhere.
    34
    35   MR. JUSTICE BELL:  -- because I have the power to stop you
    36        cross-examining on something if I cannot see that it is
    37        relevant to an issue.  I have shrunk from doing that so
    38        far, but you ought to be able to say:  "I am in this
    39        particular area of the case".  If you can tell me that,
    40        I will not ask you to show your hand entirely, but this
         particular area of the case.
    42
    43   MR. MORRIS:  It is absolutely and completely in this particular
    44        area of the case.
    45
    46   MR. JUSTICE BELL:  In what way, you must say.  I am going to
    47        rise for five minutes -----
    48
    49   MR. MORRIS:  The next point is the point that I am coming to.
    50 
    51   MR. JUSTICE BELL:  I am going to rise for five minutes but we 
    52        must see where we are.  I would not dream of stopping you 
    53        if you are on a relevant point, but you should be able to
    54        tell me what it is.  I will come back in five minutes time.
    55
    56                       (Short Adjournment)
    57
    58   MR. JUSTICE BELL:  Do your best to help me.  There are certain
    59        areas of the case which I can immediately see the relevance
    60        of ---