P claimed that his two children were injured when a lantern manufactured by D exploded and burned them. P claimed that the lantern was defectively manufactured. D contends that a Hayes filled the lantern with gasoline, lit it, and then threw it from the house and that it had accidentally hit the children. D had subpoenaed Hayes but informed the trial judge that they could not locate him. D called three witnesses to testify about Hayes' out of court statements. P objected, and the trial court permitted the testimony. These witnesses corroborated D's version of the events. The verdict went to D and P appealed.

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