1788-12-01 (static/transcriptions/1788/12/002.jpg)

3. An affidavit of Wm Hickey (Deft’s Atty) that the Bill was filed 20 Jan 1787, when Deft was preparing to embark, that ye Deft to get Deft’s answr followd him 10 miles down the river, & the Mar went down likewise to swear him to his answer, at which time (24 Jan 1787) Deft infd Depont that there were several letters written by the said Complt O. H. to him the said J. M. & others, which he the said J. M. thought might be material, but that he could not then find them, not being certain where they were put, and all his papers being packed up, but that as soon as he should find them, he would forward them to him this Depot – the Depot saith that he did not receive the said Letters from the Agent or Agents of the said J. M. until after publication had passed in this cause, that they are six in number, (whose dates & addresses the depont then particularizes) all in the year 1786. And the Depot saith that he hath perused the said several letters, which if he had known of before publication had passed in this cause & had the means of giving the same in Evidence, he this Depot certainly would have produced, because he verily believes the said letters are material to the defence of the said J. M.

Ordered that Deft be at liberty to prove them by viva voce testimony at the hearing, saving all just exceptions
Same Day