6.8Frank, the chauffeur, is on trial for murdering Mr. Richman. The prosecution calls Martha, the maid, to testify. Martha is to testify that on the day of Mr. Richman's death she heard a moaning sound from Mr. Richman's study. She rushed into the study and found Mr. Richman on the floor, bleeding profusely. He mumbled to her: "Frank stabbed me." Frank objects, claiming the testimony about Mr. Richman's remark is hearsay. Is the testimony about Mr. Richman's remark hearsay? Can Martha testify about the remark?

6.9Suppose in his dying breath, Mr. Richman also said to Martha: "Frank has been stealing from the house. He stole my gold watch and diamonds." The police found the watch and diamonds in Frank's possession. At Frank's trial for grand larceny, the prosecution calls Martha to testify about Mr. Richman's statement about Frank's act of theft. Frank objects on the ground of hearsay. Can Martha testify about Mr. Richman's statement?