John Holmes &
|}||State of Facts sur Tryal &c &c ..... .....|
Jury Sworn. To wit
1. Benj. Covenhoven
2. Aaron Davis &c. ..... panel
I. Rule of Court Read ..... No. 1
II. Andrew Bown - In May of 1779 lived at Middletown orders were given for those who lived near the Lines to remove their Goods - that the widow Holmes waggon at request of this Deponent was sent sent over to his House & a Trunk with household goods belonging to this Deponent & Wm. Bown was put in this Waggon. & this Dept. went with the Waggon to the widow Holmes from whose house 3 or 4 bbs were brought out by Solomon Ketchum, Solomon Ketchum put one of the bbs into the Waggon. This Deponent took hold of one of the bbs & observed that the bbs were light - that Solomon Ketcham replied "Household goods are light" - the residue of the bbs were put in the waggon & Solomon Ketchum Drove the waggon from the widow Holmes and as this Deponent understood Mr. Holmes informed this Deponent that the Waggon & goods were going to Danl. Ketchum's. this Deponent Trunk were to be left at Danl. Ketchums - And this Dept does not recollect that Soln Ketchum told him were the waggon with the bbls & Trunk was agoing to or that he asked Solomon Ketchum to take his Trunk to any particular place.
Phebe Ketchum sister of Solomon Ketchum rode in the waggon from Mrs. Holme's house. He supposes the sun was about an hour high in the evening when Soln. Ketchum set out with the waggon & goods from Mrs. Holmes - Mrs. Holmes house is 12, 13 or 14 miles from Danl. Ketchum. That it was on Saturday when the goods went by Holmes & the Monday following he saw his Trunks & a quantity of very genteel goods at the House of Major Walton.
The Road by way of Freehold is the usual way he travels - knows no other way from Middletown to Danl. Ketchums but by way of Freehold.
Being Interrogated by Defts. Counsel saith--
At the Time of loading putting the bbs. into the waggon at Mrs. Holmes, did not know what were in the bbs nor at anytime since - Does not recollect that John Holmes was present when the bbls were into the waggon - that Solomon Ketchum put the bbls into the waggon publicly & openly without any secrecy, there being no Nobody present but this Deponent & the widow Holmes Family - did not perceive Soln. Ketchum to be in a hurry & confusion about putting the goods in - that S. Ketchum went through Mrs. Holmes gate into the Public Road there being no other way to get off the Farm - bbs were leaded up - Common for the People in that part of the Country to lead up Goods & send them ..... from the Lines. about 6 or 7 miles from Widow Holmes to Major Kearneys the nearest place to the Lines - that he never saw any bbs. of goods brought from ..... there & put in Mrs. Holmes house - Does not know where the goods came from - Does not know nothing of the goods prior to the Seizure - that he saw goods at Major Walton's .....he was informed was seized from John Holmes - never heard a word of John Holmes purchasing Goods that came from Boston - that this Deponent
lives within a [Qtr] Mile of Mrs. Holmes - that John Holmes was not ..... into a Merchant - that this Deponent is very intimate in the family & that if John Holmes had brought goods from Boston this Deponent [might] have known it & that if goods were Brought from N. Yorke he might as well have known - that John Holmes did not keep a shop at that time or ever knew him to sell any goods Merchandize --
III. John James - Sworn - Lived at Danl. Ketchum's some time before & at the time of the Seizure of the goods. about sundown the Saturday Evening of the Seizure - John Holmes & Solomon Ketcham Wm. Bostwick came to Danl. Ketchum's -
The Counsel [for Plf] offered to give in Evidence by a certain John James what Dan'l
That John Holmes & Wm. Bostick went into Danl. Ketchum's house - Come out with Danl Ketchum - that after some little time observed Mr. Bostwick & Danl. Ketchum talking aside out of Doors. Immediately after that John Holmes was also talking with Danl. Ketchum aside out of Doors-- then observed all three Bostwick Holmes & Dl. Ketchum talking together - appeared to be very uneasy after s very little time after this heard Danl. Ketchum address himself to Bostwick & John Holmes, & say "Where about are they" did not hear any answer, But Ketchum immediately mounted his [horse] & rode toward Major Walton's Mills & when Dl. Ketchum came up with the Wagon the goods were Seized.--
That the next Day Mr Bostwick declared in presence of this Deponent & Danl. Ketchums wife that if "we had got through safe this time we never meant to attempt it anymore"--
Did not hear anything that either of the Defendts said anything in that conversation. at the time he heard John Holmes Dan'l Ketchum & Wm. Bostwick whisper together [he] was then about five [yds] of them - they appeared to be very secret in their Conversation - that he did not know distinguish John Holmes a whispering more than either D. Ketchum or Bostwicke--
That it was Duske & he could did not see their lips move - there were several young Chery trees between them him & Mr. Holmes - could see the men but not their lips [ ] - could distinguish three Persons a Whispering - That he does not know anything about the goods in controversy being brought from within the Enemies Lines - knows nothing of the goods before the Seizure--
IV. Elias Covenhoven - Swn - Saith That in conversation with Mr. Holmes he had told Mr.H. that it was not for him to determine where the Goods seized .... from but thought He might have lived gentill enough without Trade with the Enemy. That Deponent never had any Conversation with John Holmes concerning Goods coming from within the Lines of the Enemy nor did John Holmes tell him that the goods did come [from] the Enemy. Nor does this Deponent know of his own knowledge that they came from within the Lines of the Enemy.
Mr. Holmes never gave Deponent to understand that these Goods were from N.York - that Deponent did not gather from Mr. Holmes conversation that he either imported or knew the Goods came from the Enemy's lines and cannot recollect the particular words that passed.
V. Phebe Ketchum - Rode in the waggon with her Brother Sol. Ketchum - when it was seized by Maj. Walton was present & saw her Brother Soln. Ketchum & Andr. Bowne loaded the Waggon at Mr John Holmes Jr. doore from whence she rode in it till it was stopped by Plf between J.Holmes Major Waltons & Danl. Ketchums -- came the Back Road - Right hand road this side side [R] Taylor's Tavern - Waggon stopped about ......
Being asked what they had in the waggon they answered Household Furniture they were moving - being asked what was in the bbs her Brothr. Soln. replined "Linnens" --
Solom. Ketchum said that the Trunks were Wm. & Andw. Bownes & contained wearing apparel - that Sol. Ketchum said there was some linnens in the bbs. that he had seen part of what was in one some of the bbs. & does not recollect of his saying there was any thing in the bbs. but Linnens. Remembers that J. Holmes & Mr. Bostwick were at Danl. Ketchums the night she lodged there--
That they were asked what was in the Bag - Sol. Ketchum answered - .... that in Box of the waggon was piece of Marseiles quilting wrapped upon a great Coat - & a Petticoat as was sent home by .....
That the masellis quilting belonged to Defts That the Petticoat belonged to Mrs. Holmes. That she lived 2 or 3 years at Mrs. Holmes. That the bbs. were kept in a common room below stairs - had not been there a long time - the Defendant John Holmes certainly had goods in the house for she saw the merseilis quilting being in the house. and that the Deft. John Holmes left home the same afternoon the waggon left the Mr. Holmes [ ] his house and she understood he was going to Philad Daniel Ketchums. that she does not recollect that Mr. John Holmes told her that he was going to Philadelphia. That her Brother Solomon Ketchum said he owned part of the goods. has never known the Deft. John Holmes to import goods in any quantity from Boston or Philadelphia, that Mr. John Holmes declared that he purchased the goods in controversy from an Inhabitant of this State -
VI. Daniel Ketchum - swn.
That he was at or near Major Waltons Door when J. Holmes & Wm. Bostwick rode bye on the day the goods were seized by [Plf] - that Deponent [hailed] them - J.Holmes said there had been an alarm at [M-] that his waggon was coming up with Household Goods - some of Andw. & Wm. Bownes that they expected to lodge them at Deponents house - mounted his Horse & rode home to his House with J. Holmes & Wm. Bostwick. Some time afterward rode [over] to the [Mill]. Met the waggon that Solomon & Phebe Ketchum were in the waggon Major Walton, W. Armstrong, Captn Hendrickson ..... Forman with the Waggon the deponent told Major Walton he knew the people very well. ..... ..... ..... ..... [Major] Waltons Mills - on his return home overtook the Waggon - the Waggon was taken to Deponents house. Goods were examined bbs. unleaded at Deponents house. In wh was goods & Merchandize That when the goods was examined at Depots house J. Holmes claimed the goods in the bbs.
Heard Mr. Holmes say he purchased the goods honestly and righteously & defie the world to injure him condemn them -
That the deponent recollects to have observed that he would have lay'd £50 to 50s before the Barrels were opened that there had been counterband household goods in them but does not recollect whether this observation was made when the barrels were opened at his door, or at the trial. That Mr. Holmes owned the goods freely without discovering any fees --
VII. Wm. Hilsey - swn was one of the Jury that saw tried the Goods in controversy - that the Goods were produced & appeared to be imported Goods of the first Quality - Several whole Pieces of Silks. These were packed very close in bbs. - Buckles & Buttons of the newest fashion - Corderoy English Dimety, [Caseiners] &c - Did not think
viii - Invoice Paper (No.2)
XI - Ephm. Back - Col. Ths. Henderson
X. Col. Thomas Henderson - Swn
Was present at the Day of Tryal. Saw all the Goods in controversy. Examined the Quality of them -- and the
day after the Tryal was desired by ..... to take an Inventory of the Goods which Deponent did in as
particular & accurate a manner as possible - with their Numbers - Paid Degrees - & number of Gds &...... -
& that the Inventory (No.2) now produced is the Inventory taken as of the day after the Tryal - that the
Goods from their appearance & marks appeared to be such as usually were are imported
from Great Britain & Ireland - of the newest fashions & the quantity [very] great -
that the Quantity of [some] of the goods was greater than ever this Deponent had seen in any Country Store to his
knowledge -- the assortment was extraordimary at that time as goods of that kind were exceeding scarce - such a
quantity of goods & such a quality could not this Deponent beleive [acnowledge]
be purchased in all the Stores of New Jersey - an unusual quantity of ..... ..... - Mode - Gauzes - between
7 & 800 yds. of silk of different kinds - between 4 & 500 yds of silk gauze The greater
number of the Goods In general the Goods were in whole pieces & pacages - very few broken - does not
recollect but one ....... That the Goods were closely packed in ..... bbs. - That this
Deponent & others attempted to pack the goods again but could not in the ..... bbs
..... ..... ..... .....
the saile of goods in a store.
The goods contained in the Invoice (No. 2) were offered in Evidence to the Jury & were the goods the former Tryal was had upon - That there was a Waggon ..... & ..... Condemned ..... as Conveying the goods .....
Being Interrogated - Deponent believes that British Goods do come in indirect Channels at times -- The Seizure was made the 22d May 1779 - Tryal 24th May 1779 --
That this Deponent beleives it has been reported that goods have been brought into Philad. by indirect Channels -
The Buckles was of such aform &of a kind he had not seen before, The Road that the Waggon went is [a waste] Road ..... thinly Inhabited ..... ..... .... by the way ..... ..... ..... Road ..... used - well acquainted with both Roads - has known it very customary for Holmes & Ketchum to Travel this Road but not the back Road till the Seizure -