in evidence, or to be put in evidence. For reasons given in Moore vs. U. S., supra, the ruling was not error.
The next witness was one Torson, who testified that he was a lawyer, and had been a teacher of penmanship, and had seen defendant write. He was examined by the court as follows: “I understand, Mr. Torson, that it was at noon, since recess, that you saw him write.” Answer. Yes,sir. (Exhibits C and D shown witness.) Question. You may state whether or not, in your opinion, the defendant, Maurice O’Hare, wrote those exhibits? (The counsel for the territory objects to this question on the ground that it is incompetent, irrelevant and immaterial. Objection sustained by the court, to which ruling defendant, by his counsel, duly excepts.) By the court. I understand you, Mr. Torson, you never saw the defendant write until since the adjournment at noon-time? A. No, sir; that is the first time I saw him write. Q. And that upon the request of defendant’s counsel? A. Yes, sir.” This ruling was correct, as the law is well settled that, where the knowledge of the handwriting has been obtained by the witness from seeing the party write for that purpose, after the commencement of the suit, the evidence is held inadmissible. See note 2, 1 Greenl. Ev. § 577; Reese v. Reese, 99 Pa. St. 89; 9 Amer. & Eng. Cyclop. Law, 277, note 3.
Defendant voluntarily took the stand as a witness in his own behalf, and testified at large upon the issues. Upon cross-examination, he was required to testify to his antecedents, and in doing so stated that he had passed under the name of “Sullivan” at Fargo, and had been in jail at Fargo and at Stillwater, Minn. This testimony was objected to by defendant’s counsel as irrelevant, and not proper cross-examination. The objection was overruled, and the ruling is assigned as error. It is well settled that witnesses who are not parties may, for purposes of impeachment, and within the sound discretion of the trial court, be required to testify as to facts, tending to degrade them, which are collateral to the issue. U. S. v. Wood, 33 N. W. Rep. 59, citing Shepard v. Parker, 36 N. Y. 517; La Beau v. People, 34 N. Y. 233; Real v. People, 42 N. Y. 270; Wilbur v. Flood, 16 Mich. 40; Foster v. People, 18 Mich. 265; State v.
