Defiance v. True Britain

1 Rec. V.A. Ct. (R.I.) 480
CourtRhode Island Vice Admiralty Court
DecidedAugust 8, 1748
StatusPublished

This text of 1 Rec. V.A. Ct. (R.I.) 480 (Defiance v. True Britain) is published on Counsel Stack Legal Research, covering Rhode Island Vice Admiralty Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Defiance v. True Britain, 1 Rec. V.A. Ct. (R.I.) 480 (R.I. Super. Ct. 1748).

Opinion

[481]*481At a Court of Vice Admiralty held at Newport in the Colony of Rhode Island, on Monday the Eighth of August A. D. 1748. The following Interrogatories were taken before the HonWe Wm Strengthfield Esqr Dep: Judge

Robert Thomas Second Lieut11 of the Private Man of War the Defiance, and Master of the Vessel sent in as Prize being duly Sworn made Answer to the following Questions Viz*

£> When, where, and by whom, was the Snow taken sent in here as Prize.

Ar She was taken on Thursday the Fourteenth Day of July last, about three or four o Clock P. M. as I Judged at the time, off Mount a Cristo, about the Lat: 21 or 22. N. by John Sweet Commander of the Brigantine Defiance.

£> At the time of Capture what number of Persons were there on board and of what Nation.

An There were Three Englishmen that originally belonged to her and Eight French men and Spaniards.

Qn of what Burthen is the Vessel, and how many Guns.

An About one Hundred and fifty Tons, and no Guns.

On Are the Papers produced in Court all that were found on board s3 Vessel at the time of Capture, without Fraud, Addition Subduction, or Embezzelment.

Ar Yes.

Rob* Thomas

A Parcell of papers were produced in Court as follows — Viz*

Henry Dally Mate of the Vessel sent in as Prize being duly Sworn made answer to the following Questions. Viz*

Quesn When, where, and by whom, was the Snow taken sent in here as Prize.

Ansr She was taken on Thursday the Fourteenth Day of July last at half past Eleven A. M. as near as I can tell, off Isabella Bay on Hispaniola about the Latitude of 20: N. by Captn John Sweet in the Brig” Defiance.

Qn At the time of Capture what Number of Persons were there on board and of what Nation.

Ar There was Eleven, Four whereof were Frenchmen, four Spaniards and Three Englishmen.

[482]*482Qj1 At the time of Capture what Colours had she hoisted.

An She Hoisted old Colours wch I judged to be Spanish from the Stamp but did not remark particularly.

Qn How many Guns, did she mount, and what is her Burthen.

An She had no Guns when we took her, and is about One Hundred and Fifty Tons.

Henry Dally

Honnore Terrasson a Subject of the French King being duly Sworn made answer as follows Viz*

Qn Have you any knowledge of the Snow brought into this Port and what.

A?1 I was in a Vessel Fitted out by Mr Deguille an Inhabitant of Petit Goave and a Subject of the French King and on a Cruising Voyage, we met with this Vessel Crossing the Lat. of Virginia on the Twenty Ninth of June last N. S. and there took possession of her, and I was put in as Master to conduct her to some Port on our Coast, and made the Land of S* Domingo the Twenty Fifth of July N: S: and before we got into any Port on Thursday between One and two o Clock was taken by the Brign Defiance Cap* John Sweet, belonging to Rhode Island.

Qn What Number of Persons were there on board of the Privateer Royal which you belonged to and oil what Nation were they.

Ar When we Sailed from Petit Goave, there was on board One Hundred and fourty three cheifly Frenchmen and some few Spaniards.

Qn How many Persons were there op board, this Vessel when she was taken by the Royal Privateer, and what is become of them.

Ar About Thirteen, Ten whereof we left on board the Privateer, and the other three were on board when we were retaken, and now brought into this Port.

Qn What Colours had you hoisted when you were taken by Captn Sweet.

Ar We had no proper Colours but hoisted a white Jacket in Lieu of Colours.

Qn Was there any Guns on board this Vessel when you took her.

An There was four Swivel Guns woh Our Captn ordered on board the Privateer.

Qj1 Are the Papers now produced in Court all that were on board the Vessel at the time you were retaken by Captn Sweet.

An Yes.

H. Terrasson

Robert Dinsmore being duly sworn, made Answer to the following Interrogatories. Viz*

To the first Interrogatorys This Deponent Answered that he was born [483]*483at Greenocke, and now lives there, and is a Subject to the King of Great Britain.

To the Second Intery That the sa Vessel was taken the Eighteenth Day of June last, about Eighteen Leagues from the Capes of Virginia by a Privateer under French Colours, and as they were carrying us to S* Domingo we were retaken by Captn Sweet the Fourteenth Day of July last about Twelve o Clock A. M who sent us into the Port of Newport

To the Third Interrogatory that he has answered before

To the Fourth Interrogatory This Deponent answered That the said Snow was taken by the French as being English property, That sa Snow has not been Condemned, nor sent into any Port

To the Fifth Interry That the Master of sa Snow’s name was John Johnson. That he took possession of her at Bristol and was delivered to him by Robert Ray of Glascow the principal Owner, The sa master is a Scotchman, and lives at Glascow with his wife and Family.

To the Sixth Interry This Deponent Answered, That there was Ten Persons belong’d to said Snow at the time she was taken by the French, Subjects to the King of Great Britain, and that they had no part of either Ship or Cargo.

To the Seventh Inty That he was on board at the time of Capture and that he has known her about Nine Months, and that he first saw her at Bristol, and that she is about the Burthen of one Hundred and Sixty Tons, had at the time of Capture four Swivel Guns, and that she was Built at Piscatagua, and is called the true Briton, and never went by any other name that he knows of.

To the Eighth Interry That she was bound to Bristol, and that she sailed from York River in Virginia, and her Voyage was to have ended at Bristol, That she is Loaded with Tobacco and Slaves.

To the Ninth Intery That he has already answered.

To the Tenth Interry That he can say nothing.

To the Eleventh Inty That the Cargo was taken on board at York River, in Virginia, but does not know to whom the Cargo belongs.

To the Twelfth Interry That the Captain signed Bills of Lading for the Cargo.

To the Thirteenth. The Deponent'can say nothing.

To the fourteenth. That the Deponent has already answered.

To the Fifteenth. That there was a Charter Party signed for the prosecution of the Voyage but what is become thereof he knows nothing about it.

To the Sixteenth. That the Bills of Lading and other Ships Papers now produced in Court are the same, that was on board when we were taken by the French Privateer

To the Seventeenth Inty This Deponent can say nothing.

Qn How came you on board this Vessel.

[484]*484Ar

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Bluebook (online)
1 Rec. V.A. Ct. (R.I.) 480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/defiance-v-true-britain-riviceadmct-1748.