Barrett v. Smith

—It was not error to allow the plaintiff to show that the witness Vero had said at the time of his arrest: “Is this the One Hundred and Eighth street racket; ” for this evidence tended to show that Vero testified untruly when he, upon his direct examination, said, “No unusual accident was brought to my attention, except when I was arrested.” Upon the whole case the judgment and order should be affirmed, with costs.

Freedman, Dugro and Gildersleeve, JJ., concur.