|John Holmes and
County of Monmouth Ss:
Andrew Bowne being duly sworn deposeth that he That the Deponent was subpoenaed as a Witness for Elisha Walton the Plaintiff in the above cause the New Trial. That in the Course of Testimony this Deponent was about to mention what Mrs. Holmes had told him respecting the Waggon with the Goods going to the house of Daniel Ketcham -- That Mr. Willcocks objected and desired that such evidence might not be admitted it being hearsay testimony. That the Court did notwithstanding permit the Deponent to go on. That Mr. Willcocks thereupon moved for a Bill of Exceptions. That the Deponent did not hear the Magistrate inform the Jury that what Mrs. Holmes said was not proper evidence. That the Court did not give any [such] information before the Bill of exceptions was moved, &.... That the Deponent does not recollect that the Court at any time in the Course of the trial rejected hearsay testimony. That the Deponent does not recollect any thing of the Magistrates informing the Jury that he had Misunderstood the Matter and that they must not consider what had been said as legal Testimony Evidence. That this Deponent does well remember & with absolute certainty that the Matter respecting the abovementioned hearsay testimony was Solimnly debated by the Consel on both sides of the Question and that after the said Debate Mr. Willcocks did move for a Bill of Exceptions. That the Trial lasted during the whole night--for the greatest part of which .... the Deponent was asleep.
Being cross-Examined, Saith,
That this Deponent does not recollect that after Mr. Willcocks moved for a Bill of Exceptions as abovementioned, whether the Court granted the Bill of Exceptions or not, nor does this Deponent recollect whether he mentioned any thing further respecting what Mrs. Holmes should have said about the Goods going to Daniel Ketchums but rather thinks he did not.--- That this Deponent was much confused at the time & cannot be very particular what was sd by the Court after the Bill of Exceptions was moved for as sd
Was present during the whole Tryal except when Phebe Ketchum & Elias Covenhoven give in their Testimony, & paid all the attention he was capable of That this Deponent remembers that several Bills of Exceptions were moved for in the Course of the Tryal but what they where for or to what point of Evidence / Except the one above mentioned / this Deponent cannot any way recollect ---
Does not recollect that any Bills of Exceptions was moved for in the cause of John James's Testimony--
Does not recollect that Ephraim Bush was offered as a Witness & rejected by the Court on acct of Hearsay Testimony---
Does not recollect that Mr. Willcocks moved for a Nonsuit--nor does He recollect that a Bill of Exceptions was moved for by Mr. Willcocks because a Nonsuit was not granted. And further this Deponent saith not.
|Sworn before me Commissioner of Bails and Affidavits for the County of Monmouth this 29. Jan:y 1783.