[on verso:]

4 of the Jurors Testimony

New Jersey Sup. Court

Elisha Walton       agt. John Holmes & Solomon Ketchum

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Additional Evidence taken in this cause agreeable to notice before Commissioner Craig at Freehold the 27. Jany 1783

Monmouth County, to wit, William Johnson, Moses Mount, Daniel Hadbour and Aaron Davis, being duly sworn Depose & Say, that they were Jurors on the Tryal of this cause before Judge Anderson, in July 1781, that they & each of them remember that Andrew Boune was a Witness introduced in behalf of the Plf against the Defts, that sd Boune in the course of his giving his Testimony mentioned something respecting what the Widow Holmes should have said about the Waggon & Goods going to Daniel Ketchum's but the same it being objected against as illegal evidence, Judge Anderson overruled the same as Hearsay Testimony and expressly give his Opinion two or three times that what the said Boune heard the Widow Holmes say, was no legal Evidence & should not be admitted and further the sd. Judge Anderson observed that whatever either John Holmes or Solomon Ketchum the Defts, should should have said about the Goods was admissable Evidence--and that Judge Anderson overruled all hearsay testimony that was offered to be introduced by the Parties; and these Deponents further say, that no Hearsay testimony was received by the Court in the Course of the Tryal, neither did they or either of them take any Notice of any Hearsay Evidence whatever that might have inadvertently fallen in the course of the Tryal------ That these Deponents remember that three Bills of Exceptions were taken by Mr. Willcocks in the Course of the Tryal-- And the sd, William Johnson, Daniel Hadbour, and Aaron Davis, do well remember that the three Bills of Exceptions taken by Mr Willcocks, was, as follows, one First in the cause of John James Testimony, respecting a conversation between John Holmes & Danl. Ketcham - the other second respecting Phebe Ketchum being a Witness, on acct. of her being taken on the Waggon & the third because Justice Anderson would not grant a Nonsuit when desired by Mr. Willcocks--- and these Deponents do not recollect any other Bills of Exceptions being taken & allowed.--- But And the sd. William Johnson, Daniel Harbour, Aaron Davis, Do further say that a certain Ephraim [Barth] was offered by the Plf as a Witness in this Cause but Judge Anderson totally overruled & rejected his Testimony because He could mention nothing of his own knowledge but only Hearsay Evidence. Further these Deponents say not.

Sworn the 27th Januy 1783 Before the subscriber Commissioner for taking Bails & Affidavits in the County of Monmouth--- John Craig

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William Johnson Moses Mount Daniel Harbrt Aaron Davis

Monmouth, to wit, Peter Smith, one of the Jurors sworn in this cause, William Morrison, the Constable who attended the Court,and Jonathan Forman, who was present during the Tryal, Depose & say, that when Andrew Bown give his Testimony in this Cause, they & each of them Remember, that Andrew Bowne mentioned something about what the Widow Holmes said should have said, respecting the Waggon & Goods going to Danl Ketchum's upon which Mr Willcock addressed the Judge Anderson alledging that it was Hearsay Evidence & ought not to be admitted -- that Judge Anderson interrupted Mr. Willcocks & ordered the Witness Bowne to go on -- upon which Mr. Willcocks moved for a Bill of Exceptions, that thereupon Judge Anderson finding He had not understood Mr. Willcocks Motion, directed that no Hearsay Evidence should be [ ] given by Bowne and give his Opinion expressly that What Boune had heard Mrs. Holmes the Widow, say about the Goods should not be taken as Evidence But what John Holmes & Solomon Ketchum the Defts had sd about the Goods was Legal Evidence and proper to be heard by the Jury-- that Judge Anderson overruled all Hearsay Evidence that was attempted to be given offered in Evidence the course of the Tryal by the Parties particularly the Testimony of a certain Ezra [Buck] because the said E. [Buck] Evidence was Hearsay & therefore totally overruled & rejected -- that these Deponents well remember three Bills of Exceptions being taken by Mr. Willcocks One in the Cause of John James Testimony, one in the [Case] of Phebe Ketchum's Evidence, & the other because Judge Anderson would not grant a Nonsuit---that these Deponents cannot say these three were the only Bills of Exceptions But they are the only ones Bills they remember to have been taken -- And further these Deponents say not.

Sworn the 27th Janry 1783 Before the subscriber Commr for taking Bails & Affidavits in the County of Monmouth--- John Craig

Peter Smyth William Morrison Jonathan Forman