I was standing right in front of the man that abandoned me. […] He chose to chuck the deuces to an infant. I didn't have sympathy for this man.

From that day and hour it was clear that there was not to be so successful an ingathering after all.

That men weigh heavier dead than alive, if experiment hath not failed us, we cannot reaſonably grant. For though the triall hereof cannot ſo well be made on the body of Man, nor will the difference be ſenſible in the abate of ſcruples or dragmes, yet can we not confirm the ſame in leſſer animalls from whence the inference is good; […]

This issue led to an interim battle among the parties to exclude various expert witnesses regarding the aquifer's hydrogeology and a five-day evidentiary hearing before Special Master Eugene Siler in May 2019.