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More questions for Barksdale, but judge gets tetchy

If it keeps going at this rate, it won't keep going at all, suspects Jackson

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It is probable that Netscape CEO Jim Barksdale will undergo another six hours of cross-examination today, after which he will be questioned by the DoJ's David Boies. They have yet to get to the nitty gritty of the June "carve-up" meeting. Judge Jackson has evidently been doing some calculations as to how long the trial will last, and doesn't like the result of his sums. He held a private conference with the lawyers from both sides yesterday, and asked John Warden (for Microsoft) to speed up his cross-examination. Jackson also stated that Barksdale had been responsive thus far, according to a source present at the conference. Microsoft was a little peeved. A spokesman said: "Microsoft deserves the right to conduct a full examination of his testimony." Steve Houck, the lawyer representing the 20 states and the District of Columbia who are joined with the DoJ in the case, asked a question about a page of testimony yesterday, but Judge Jackson quickly stopped him, saying: "Let me remind you of the one-witness, one-lawyer rule." Jackson had laid down a ground rule before the trial to prevent a witness being doubly questioned by two lawyers. Houck objected, but Jackson said he must work out with Boies who does the questioning. Houck now plans to make a formal request for the right to carry out independent questioning. An unstated issue was the additional problem of having one lawyer representing 21 independent legal entities: each has a separate and different claim against Microsoft. Judge Jackson is being quite lenient about what he regards as hearsay evidence (and hence inadmissible). Warden objected to some of Barksdale testimony as being "multiple layers of hearsay" but he was overruled by Jackson. The next witness will be from Apple. ® Complete Register trial coverage Click for more stories

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