worthy at the time of her failing and whether Mr. Paffmore had exhibited all the documents that were neceffary and proper; after hearing what Mr. Paffmore and Mr. Bayard had to fay, and Mr. Henry and Mr. Pearce having each expreffed their opinions relative to the bufinefs, I requested time to deliberate. upon the fubject, finding it depended altogether on my opinion; and we agreed to adjourn to a future day; before the next meeting I was enabled to make up my mind with respect to the opinion that I was to give; I communicated this to Mr. Henry and Mr. Pearce, informing them at the fame time, that I was ready to fign an award in favor of the plaintiff; Mr. Pearce declined to fign the award with us; at the next meeting Mr. Pearce was not prefent, then Mr. Henry and myself drew up an award and figned it; I do not recollect any thing further, fir, relative to the business before the Court; if quef tions are propofed I will endeavor to answer them.

R. I afk the witnefs whether Mr. Bayard by his acts and conduct before the referees did not manifeft a knowledge that Mr. Hallett was acting as umpire?

H. Mr. Bayard, to the best of my recollection, when he entered the room, affected not to have any previous knowledge of the meeting; he fat down with us however at the table and entered into a difcuffion of the merits of the cafe generally.

R. I wish the witnefs to ftate whether at any time previous to the difcuffion Mr. Bayard stated any cafes as applicable to the cafe before you ?

H. Yes, fir; Mr. Pearce quoted from Park on infurance, two or three cafes, which he thought were fimilar to the cafe we had before us, and Mr. Bayard joined with Mr. Pearce in opinion that they were fimilar.

R. I afk the witnefs, whether he did not ftate fome cafes to Mr. Bayard alfo ?

H. I do not recollect whether it was directed to Mr. Bayard or Mr. Pearce; and to the beft of my recollection, I spoke to them in turn.

R. The witnefs will ftate to the Court, whether Mr. Bayard went into an argument of the merits of the cafe?

H. Yes, fir; to the best of my recollection, Mr. Bayard brought forward his objections to Mr. Paffmore's claim, and gave the reafons upon which they were founded.

R. I afk the witnefs whether Mr. Bayard was prefent himfelf and the two referees during the whole time of this meeting, and whether he was not notified of the fubfequent meeting?

H. As far as my recollection ferves me at this diftant period, Mr. Bayard did not stay with us all the time, and was not

prefent at the adjournment. He requested when he left the room, that the referees would not decide until all the papers from Shelburne were brought forward.

R. Did the referees give any answer to that request at that time?

H. Not to the best of my recollection.

R. Did Mr. Bayard leave the room of his own accord?

H. Yes, fir.

R. The witnefs will state to the Court whether Mr. Paffmore attended the last meeting when they made out the award?

H. I think he was prefent, as far as my recollection serves me, he was.

R. Had Mr. Bayard complained to the referees, that he had not as fair a chance as Mr. Paffmore, of knowing the meeting?

H. Mr. Pearce, who was chofen by Mr. Bayard, was prefent; and, I think it probable, he would give notice.

R. If Mr. Bayard had remained in the room, would he not have had as fair an opportunity of knowing the next meeting, as Mr. Paffmore?

H. Yes, fir, any perfon in the room would have known when and where the meeting was to be.

R. I wish the witnefs to ftate, whether he was present in the Supreme Court, when Mr. Paffmore was cited to appear before the Court, on an attachment for a contempt; if he was, I wish him to relate was paffed there?

H. I was not in Court, nor do I know any thing of what happened in Court. I was examined in Court, relative to the exceptions; but have no knowledge relative to the other part of the bufinefs of Mr. Paffmore with the Court.

CROSS EXAMINED.

Mr. DALLAS. The witnefs will state, who apprized him of his being nominated an umpire, where he was, when he received the notice, and how foon after he attended the meeting of the arbitrators ?

H. Mr. Paffmore called upon me at my counting-house, and informed me that I had been nominated umpire, and requested me to meet the arbitrators fome time about 12 o'clock-in a very fhort time from the time, when Mr. Paffmore left me, I met the arbitrators.

D. Can the witnefs afcertain the time; was it half an hour,

or more.

H. I cannot recollect, fir, precisely the time; I rather am inclined to believe that it was not more than an hour at farthest. D. I ask the witnefs, whether upon his joining the referees, any rule or rules of Court were fhewn to him?

H. I am not able to recollect, fir, particularly whether I read the rule of Court; but the impreffion on my mind is, that it was among the papers.

D. Whether there was one or two rules?

H. I really cannot recollect, fir, whether there was one or

more.

D. Was there any documents, and what were the documents read by Mr. Paffmore, or perufed by himself at that, or any other meeting?

H. Yes, fir; I recollect there was the policy of infurance, the captain's protest, the furvey held on the veffel at Shelburne, the teftimony of Mr. Phillips, with his qualification, a paper on which was written a statement of the pilot on board the veffel which run foul of the brig, and which was fuppofed to have been loft, the letter of abandonment, and Mr. Paffmore's relinquishment to the underwriters.

D. I with Mr. Hanett to ftate, whether he ever had an opportunity to examine Mr. Phillips himself?

H. Mr. Phillips, I think, to the beft of my recollection, was in the room when I first entered it.

D. I wish the witnefs to fay, whether he examined Phillips?

H. I heard Mr. Phillips fay all that he had to fay-which I recollect was, that he had given her all the repairs neceffary to proceed on her intended voyage.

D. Does the witnefs recollect, whether the referees told him they had examined Phillips before?

H. I really cannot recollect, fir, whether they informed me

or not.

D. May it please the Court, Mr. Henry has ftated that Phillips was examined before the appointment of the umpire; perhaps Mr. Haflett will be able to fay, whether Mr. Phillips was in the room or not, when he came in?

H. I think, fi, I am clear in my recollection, that Mr. Phillips was in the room when I entered; and, altho' I believe Mr. Phillip's teftimony was in writing, I do not recollect that he added any thing to it.

D. Mr. Hallett, you have mentioned that the statement of the pilot was communicated to you by the referees; did you ever examine the pilot yourself?

H. No, fir; I never faw the pilot; I never confidered it as teftimony; a flatement in writing, not given on oath, was not entitled to confideration.

D. Did you fee an affidavit made by Thomas Paffmore, among the papers handed to you for your inspection?

H. I think there was a paper of that defcription, but I really have not a clear recollection of what fubftance it was.

D. Did Mr. Bayard ever fee it?

H. It was on the table amongst the other papers, when Mr. Bayard was in the room; but I do not know whether he faw it or not.

H. Was it among the papers Mr. Paffimore was reading to the referees, when Mr. Bayard came into the room?

H. I believe it was, fir.

D. I wish Mr. Hallett to flate, whether before Mr. Bayard came into the room, and while Mr. Paffmore was there, he did not receive a statement of the cafe?

H. I cannot recollect, fir, perfectly what happened between the time I entered the room, and the time that Mr. Bayard came in. I recollect when Mr. Bayard came, they had proceeded, but whether upon the merits of the cafe, I cannot fay.

D. I with the witness to ftate, whether he has been examined on this question before?

H. I was examined before the Court in Philadelphia, and muft confefs, that my recollection, with refpect to many things, may be incorrect. I had not the least thought of being called as a witness in this cafe.

D. I ask Mr. Hallett, whether he did not, in making up his mind on the facts, rest upon the statement of the other referees?

H. No, fir; I think I am perfectly clear in ftating that I was fo impreffed with the importance of my fituation; and that as the whole rested on me, I was more particular in reading books on insurance; I had Parke, and called upon Mr. Biddle, and alfo called on Mr. Shoemaker for their opinions; and it was fome days before our next meeting that I was determined in my opinion.

D. I wish the witnefs to ftate whether each of the parties went into a difcuffion of their refpective claims?

H. Yes, fir; I believe that was the cafe.

D. Whether or not he was examined on the fubject fince his examination before the Supreme Court?

H. My laft examination was laft winter before the honora ble the House of Reprefentatives.

D. When were you laft examined in a Court upon the fub jea?

H. I really cannot recollect the time.

D. I ask the witnefs whether between his examination in March 1803 and the prefent time, he had any conference with the other referees?

9. I do not recollect any thing on the fubject.

D. Whether he had any converfation with any other perfon on the fubject?

H. I cannot recollect that I had any conference on the fubject.

Adjourned 'till 10 o'clock to-morrow, A. M.

THURSDAY, January 10th, 1805.

Mr. RODNEY. Mr. Speaker, I understood the witnefs who was examined laft on yesterday, having refreshed his memory, by a reference to notes which have been fhewn to him, wifhes to explain; I wish him to be called forward.

Mr. HASLETT. I would beg leave to state, fir, that when I appeared before the Court yesterday, I did not think it neceffary to give a full ftatement, as to the motives of my decition, on the reference; but, on reflecting on the question put to me by Mr. Dallas, whether as an umpire, I did not make up my mind, from the statement of the referees, and as I have affifted my recollection by a reference to fome notes, I wish to ftate more fpecifically. If Mr. Dallas will pleafe to repeat the quel tion, I will endeavor to answer it.

Mr. DALLAS. I wish him to ftate, whether as an umpire, he made up his mind from the papers fubmitted to him, or the ftatements of the referees?

H. I beg leave to ftate, that I did not at the time deem it neceffary to receive a statement from the parties, or from the referees. For the information of Meffrs. Henry and Pearce, I wrote a letter to them, apprizing them of my determination : If the Court will indulge me, I will read the letter?

Meffrs. Henry & Pearce,

GENTLEMEN,

Philadelphia, August 5th, 1802.

As it may not be in my power to meet you to-morrow, at the coffee-houfe, I take the liberty of handing you the only

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