Defiance v. Senora de la Sur

1 Rec. V.A. Ct. (R.I.) 320

• Court: Rhode Island Vice Admiralty Court
• Decided: May 20, 1745
• Status: Published

Opinion

C° of Ra Friday May 17a 1745 the following Preparatory Examinations were taken

Cap* John Dennis Comr of the Brig” Defiance on Oath gave Answer to these Questions.

Quesn 1. When and where did you take the Brig11 now brought into this Port by you

Ar On or About the 27a day of April last in the Old Streights of Bahama

Qf What Number of Persons were there on board and of what Nation at the time of Capture

Ar About thirty all Spaniards

Qn of what Burthen

Ar One Hundred and fifty ton

Q* Are the Papers now Produced in Court all that were found on board at the time of Capture without fraud Subduction addition or Embezelment being A Spas Invoice Several Bills of Lading and A Clearance wcl* was translated

Anr Yes. John Dennis

John Sweet Master of the sa Brig* gave Oath to the truth of the above Evidence John Sweet

Mr Moses Lopez was Sworn by the law of Moses Spanish Interpreter.

Diego Garcia A Spaniard and Gunner of the sa Prize being Sworn in Court gave the following Ansrs

Q* When and where and by whom was you taken

Ar About nineteen days ago between the Keys in the Old Streights by Cap* Dennis

Q* Who was Master of the Brig* and what Number of Persons were on board at the time of Capture and of what Nation

Ar Don Manuel de la Tore A Spaniard, Was Cap* about thirty Persons on board including Passengers all Spaniards, Save two Portuguese

Qn What became of the Cap*

Ar He begg’d to be put on shore Having a great familly and being indispos’d

Qn What does yr Cargo Consist of

Ar Cheifly Copper and Monies and One Negroe

Qn How many Guns

Ar five

Qn To whom Does this Vessel and Cargo belong to

Ar To Several inhabitants of Maraciabo all Subjects of the King of Spain

Qn from whence did you sail and where bound

Ar from Lavera Cruz and touch’d at the Havanna but bound for Maraicabo, where sa Vessel and Cargo belonged.

his

Diego X Garica mark

Francisco del Castillo A Spaniard Gunners mate of Sa Prize gave Oath to the truth of sa Evidence his

Francisco X del Castillo mark

At a Court of Vice Admiralty held at Newport in the Colony on Monday the 20th Inst, at 3 o Clock P: M

Before the HonbIe Leonard Lockman Esqr Judge

The Court was Opend

The Libel Monition and Preparatory Exam3 being read A Petition was Presented

It plainly Appears to me that the Brig* called the Nuestra Seniora de la sur S‘ Joseph de las Animas with her Appurtenances and Cargo consisting of Silver, Copper drugs and sundry kind of Merchandize and two Negroe Slaves were the Property of the Subjects of the King of Spain Enemy to our Sovereign Lord the King I therefore Condemn the same as lawfull Prize to be divided Amongst the Captors and Owners as they amongst themselves have Agreed, the Captors Paying Cost as the law Directs, and whatever goods are liable to duty to pay the same to the Collr of his Maj3 Customs

XT . ,«■ _ Leonard Lockman Newport May 20, 1745