O Say Can You See

In the tryal of this cause the Plaintiff by his Counsel to support the Issue on his part produced and offered to read in Evidence to the Jury the deposition of Anne Hurdle taken by Consent on the twenty eighth day of May seventeen hundred and ninety seven, but the Counsel for and on behalf of the Defendant objected to the following part being read in Evidence to the Jury to wit, "that she said, Just so they served Ann Joyce's family, that by all accounts they are in confinement now and they ought to have been free long ago," as containing the declaration of opinions as to a right and not a declaration as to any fact and therefore improper and inadmissible to go to the Jury. But the Court were of opinion the said part was admissible to be read in evidence to the Jury, the same being General reputation of the fact that Ann Joyce's [strikethrough] Family were free to which opinion the Defendant by his Counsel excepts and prays the court to sign & seal this his bill of Exception according to the form of the Statute & which is accordingly done this thirteenth day of May seventeen hundred & ninety nine

Jeremiah Townley Chase (Seal)
John Done (Seal)