_Chamberlayn_ was called, and said that about three weeks before the death of Sir John he was asked by Goodere to interpose with Mr. Jarrit Smith to bring about a reconciliation between him and Sir John. He went to Mr. Smith as he was asked to, and he promised to do all he could in the matter. The brothers had been at law a long while, and spent a great deal of money, and that was why Goodere wanted Mr. Smith to bring about a reconciliation between them. _Jarrit Smith_ was then called, and deposed that Mr. Chamberlayn had brought him the message he had described, and had brought Goodere to his house, and that he had promised him to do what he could to bring about a reconciliation. Some little time after they were gone, I saw sir John, and told him that Mr. Goodere had applied to me to do all I could to reconcile them. Sir John seemed to speak much against it at first, and thought it would be to no purpose; for that he had been a real friend to the captain, who had used him very ill; but at last he was pleased to pass a compliment on me, and said, I cannot refuse anything you ask of me. He then mentioned several things the captain had said; and in particular told me that at the death of sir Edward Goodere, his father, Mr. Goodere, the prisoner, had placed several persons in the house where sir Edward lay dead, in order to do him some mischief, and he apprehended to take away his life. SHEPARD--I must submit it to the Court, that what sir John said at that time is not a matter of evidence. THE RECORDER--It is not evidence, but perhaps it is introductory to something Mr. Smith has further to say; if it be not, it should not have been mentioned. SMITH--And that he had endeavoured to set aside a common recovery, and made strong application to the Court of Common Pleas for that purpose. SHEPARD--Whether this be evidence, I insist upon it that in point of law it is not, and it may have an effect on the jury. THE RECORDER--I will take notice to the jury what is not evidence. Go on, Mr. Smith.