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New Trial

Holmes & Ketcham
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State of facts

Cert, with State of facts affidavits &c. Retble ..... Sep. Term 1781. 443

The Council for the Plaintiff having closed their evidence Mr. Willcocks for the Defendant moved that the Plaintiff should be nonsuited & the Defendants discharged from any further prosecution on the following reasons.

Phoebe Ketcham, she was found in the waggon
[lines missing]

2. That the Present Cause being commenced and undetermined at the time of the New late law authorizing a trial by twelve men it is not comprehended by the said Law it not having in it any retrospective clause - and as trial by six men is unconstitutional there is no law existing by which this cause could be tried.

3. That the evidence does not support the Verdict.

4. The General Reason

But was overruled by the Justice.

The Council for the Parties having summed up the evidence William Morrison the Constable was sworn to take charge of the Jury.

The Jury returned into court and being called [over] appeared & say they are agreed in their Verdict and by Benjamin Covenhoven their Foreman say they find for Pltff and the goods contained in the inventory given in evidence forfeited to the said Pltff together with the Waggon, gear, & the mare & Horse conveying the same, and so they say all.