Spencer v. Gardner

Rhode Island Vice Admiralty Court

Spencer v. Gardner

1 Rec. V.A. Ct. (R.I.) 124

DecidedJanuary 8, 1727

StatusPublished

This text of 1 Rec. V.A. Ct. (R.I.) 124 (Spencer v. Gardner) 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

Spencer v. Gardner, 1 Rec. V.A. Ct. (R.I.) 124 (R.I. Super. Ct. 1727).

Pincite

Opinion

At the same Court The Libell being read and allowed Othniele Trip being Sworn testifyed that he saw Cap* Gardner Strike Henry Spencer with the End of the Fore Brace and that the Cause of his Striking was concerning Sa Spencers going a Shore and that Sa Spencer did not go on Shore then and that Sa Spencer was put into the fort that the Soulders told this Dep* twas for quarrelling w*h his Cap* Tho Nucum being Sworn sa he Saw Cap* Gardner Strike Henry Spencer because he had a mind to go on Shore and that he did not go and that the men of Sa Vessell told him that Cap* Gardner on headed and poured out the Shalotes mentioned in the Libell and that they were for the Vessells use and that the Dep* Eat Some of them

Hon Cap* Bull Attr pro the AppIts opened the Case then Cap* Jn° Cahoon being Sworn M1' Updike Attr pro the Respd* made his plea Jn° Solimán being Sworn testifyed that the Said Cap* Gardner go into the Stearage and turn out the Sholotes upon the Stearage floor mentioned in the Libell when the Cooper was a Shore and Sent the Barr1 a Shore and that the Shalotes were [125]*125upon the Floor four or five Days and trod upon and when the Cooper Came on board they told him the Cap* turned out his Shalotes upon the floor and he sa he would not take possession of them again And when he and the Cooper went a Shore he Saw the Cap* go toward the fort and there came a fellow to the Cooperage and Sa Cap* Gardner was gone to the fort to Cause Sa Spencer to be Carrd to the fort and not long after he Saw a file of Muscateers come and take Sa Spencer and Carry him away and he further Saith that the Cooper was out of the Vessell from Nine a Clock in the Morning to About one or two in the afternoon the Same Day that the Differance was between the Cap* and the Cooper Court adjourn’d to monday next being the [8th] of this In* at ten Clock A M. Richard Sleaths being Sworn testifyeth that he Saw Cap* Gardner Turn the Shalotes mentioned in the Libell out of one Bar1 into another on Board the Brig Eagle in Surranam and that this Depon* emptied the Sa Shalotes upon the Stearage Floor out of the Second Barrell upon the floor he wanting it for the Grindstone and that there was a Barr11 full of Shalotes when we Sail’d from Rhode Island but in the Passage about one third were decayed Sworn Jan* 5th 1727 before

Jan* 8th 1727 Court being met according to Adjm* Decree was past Spencer ags* Cap* Gardner

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At the same Court The Libell being read and allowed Othniele Trip being Sworn testifyed that he saw Cap* Gardner Strike Henry Spencer with the End of the Fore Brace and that the Cause of his Striking was concerning Sa Spencers going a Shore and that Sa Spencer did not go on Shore then and that Sa Spencer was put into the fort that the Soulders told this Dep* twas for quarrelling w*h his Cap* Tho Nucum being Sworn sa he Saw Cap* Gardner Strike Henry Spencer because he had a mind to go on Shore and that he did not go and that the men of Sa Vessell told him that Cap* Gardner on headed and poured out the Shalotes mentioned in the Libell and that they were for the Vessells use and that the Dep* Eat Some of them

Hon Cap* Bull Attr pro the AppIts opened the Case then Cap* Jn° Cahoon being Sworn M1' Updike Attr pro the Respd* made his plea Jn° Solimán being Sworn testifyed that the Said Cap* Gardner go into the Stearage and turn out the Sholotes upon the Stearage floor mentioned in the Libell when the Cooper was a Shore and Sent the Barr1 a Shore and that the Shalotes were [125]*125upon the Floor four or five Days and trod upon and when the Cooper Came on board they told him the Cap* turned out his Shalotes upon the floor and he sa he would not take possession of them again And when he and the Cooper went a Shore he Saw the Cap* go toward the fort and there came a fellow to the Cooperage and Sa Cap* Gardner was gone to the fort to Cause Sa Spencer to be Carrd to the fort and not long after he Saw a file of Muscateers come and take Sa Spencer and Carry him away and he further Saith that the Cooper was out of the Vessell from Nine a Clock in the Morning to About one or two in the afternoon the Same Day that the Differance was between the Cap* and the Cooper Court adjourn’d to monday next being the [8th] of this In* at ten Clock A M. Richard Sleaths being Sworn testifyeth that he Saw Cap* Gardner Turn the Shalotes mentioned in the Libell out of one Bar1 into another on Board the Brig Eagle in Surranam and that this Depon* emptied the Sa Shalotes upon the Stearage Floor out of the Second Barrell upon the floor he wanting it for the Grindstone and that there was a Barr11 full of Shalotes when we Sail’d from Rhode Island but in the Passage about one third were decayed Sworn Jan* 5th 1727 before

Jan* 8th 1727 Court being met according to Adjm* Decree was past Spencer ags* Cap* Gardner

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Bluebook (online)

1 Rec. V.A. Ct. (R.I.) 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-gardner-riviceadmct-1727.