John Ashton v. Charles Mahoney. Defendant's Bill of Exceptions

 

Charles Mahoney
v
John Ashton

The Petitioner to support the issue on his part offered to read the deposition of Henry Davis. which Deposition was agreed to be read in Evidence except in the parts objected to The Counsel for the Defendant objected to the reading of part of the said Davis's deposition, to wit in these words "And he (meaning the said Henry Davis) has heard his Uncle David Davis (who is deceased) say that it was the report of the neighbourhood that if she (meaning Joice) had justice done her she ought to have been free and this he has often heard sundry times from his Uncle when talking matters over." the same being incompetent and improper to be read to the Jury. But the Court overruled the said objection and determined that the aforesaid part of the said deposition should be read to the Jury which was done accordingly. To which opinion of the Court the Defendant by his Counsel prayed leave to except and that this his Bill of exceptions may be signed sealed and enrolled pursuant to the statute in that case made and provided which is done accordingly

Jeremiah Townley Chase (Seal)

 

2 sides

Charles Mahoney
vs
John Ashton

Excepn

filed 30th Oct 97