Schooner fired a Ball at her notwithstanding she had her Spanish
Colours Flying and had brought to to speak with said Haddon and the
Reason that induced said Deponent not to make the most of his way from
said Privateer was that he knew the two Crowns of England and Spain to
be in Friendship. That the Privateer Boat came on board said Spanish
Schooner with a Lieut. Christop'r Miller[15] by Name and seven more
Seamen. That he this Deponent shewed said Lieut. his Licence telling
him at the same time that they were Spaniards and the Vessel and
Cargoe Span'h property, From whence they came and whither Bound. That
said Lieut. and People seemed very Civil and Regular till they
discovered the Money which as soon as they had done, they Insisted on
the Spaniards having run away with it and gave that as a pretence for
Seising it which they did and carryed the same away by Force with
other particulars already mentioned by this Deponent. That said Richd.
Haddon did order this Deponent and all the People (except two or
three) on board the Privateer and there treated them as Prisoners,
said Haddon being on board. That he this Deponent told said Haddon
from whence he came and where he was bound to and that he was a
Subject of Spain and declared that Himself was Commander of said
Schooner when she Sailed from the Havana and that he shewed said
Haddon his Licence and other Papers. That said Haddon did not declare
that he would carry the said Schooner to the Havana, on the contrary
this Deponent and the People belonging to the Spanish Schooner were
very desirous of it and requested of him to carry them there. That
said Rd. Haddon's Lieut. and People did by Force and Violence Seize
said Money and Effects and carry them away against the Consent and
Solisitation of this Deponent and people belonging to said Spanish
Schooner. That said Span'h Schooner was at that time in good Order and
well Conditioned both as to her Hull, Sails and Rigging and fitt to
come to New York. That this Depont. desired of sd. Rd. Haddon that the
Money might be Counted but sd. Haddon Refused it. That when this
Deponent and People were brought on board the Privateer they were all
of them Searched and Money and Effects taken from the Several
following Persons. From Miguel Fuentes 1 pair Silver Buckles and 1
pair Gold Buttons, From Don Geronimo de la Cal 1 pair of silver
Buckles and a Ring, From Pablo Antonio Corea 1 pr Silver Buckles, From
Cayetano Peres 1 pair Silver Buckles and four Dollars. All these were
taken from the People beside the Money and Effects brought from on
board the Spanish Schooner. That said Rd. Haddon never told them that
he would proceed to New York in order to Lybel the Money and Effects
aforesaid but on the Contrary Endeavoured to Conceal his Name and from
whence he came as much as possible from this Deponent and his people.
That there never was any Agreement between this Deponent and his
People with Rd Haddon or anything like it relating to the Money and
Effects aforesaid. That said Richd. Haddon's Lieut. Chrsr. Miller by
Name, with some of the Mariners belonging to said Privateer, did treat
this Deponent and Comp'y belonging to said Spanish Schooner with
threatning and abusive Language on Returning them on board said
Spanish Vessel. That said Rd. Haddon did not offer to bring this
Depont. and People to New York, for as was declared before He did not
mention New York nor did this Deponent and People know he came from
thence. That said Rd. Haddon did take from on board said Spanish
Schooner and carry away with him in the said private Vessel of War,
two Passengers by Names Henry Myerhoffer and Willm. Abbot both
subjects of Great Britn. That this Deponent did Request said Richd.
Haddon to carry him to some Eng'h Port but was refused. That he this
Deponent did Request from said Richd. Haddon a Receipt or Certificate
Acknowledging that he the sd Rd. Haddon had taken from on board the
said Span'h Schooner the Money and Effects aforesaid, which said
Deponent Requested in order to shew as a proof of what had happened to
him. That the said Richd. Haddon did thereupon give this Deponent a
Receipt or Certificate, but afterwards said Receipt was Demanded from
him by the said Christopher Miller which this Deponent Refusing to
Return, said Chrisr. Miller did by Threats, Force and Violence take
said Receipt or Certificate from this said Deponent as they were in a
Boat in their Return on board said Spanish Schooner.
[Footnote 15: A nephew of Jasper Farmer; C.F. Billopp, _History of
Thomas and Ann Billopp Farmer_, pp. 45, 46.]
6ly. To this Interrogatory can say Nothing.
7ly. That said Spanish Schooner after the Transaction aforesaid did
Return to the Havana, where he this Deponent was informed by some
Frenchmen that had been taken by said Rd. Haddon since this Deponent,
that sd Haddon had proceeded in said Private Vessel of War to Sta.
Lucea[16] on the Island of Jamaica, whereupon this Deponent determined
to go there in Quest of him in order to procure Satisfaction for the
Injury he had Received from him. That shortly after the Arrival of
this Deponent at the Havana, an English Man of War came into that
Port. That He this Deponent made Application to the Capn. for his
Advice and Assistance, who thereupon gave him a Certificate to the
Governour and the Admiral Stationed at Jamaica. That this Deponent
thereupon proceeded to Santa Lucea but said Rd. Haddon was sailed from
thence before this Deponent arrived there. That said Haddon was at
Santa Lucea fifteen Days as this Deponent was Informed. That he there
met with the two aforesaid Englishmen, that this Depont. had taken
Passengers in his Schooner, but were carryed away by said Richd.
Haddon. That this Deponent proceeded afterward with said Spanish
Schooner to Kingston on Jamaica and there made his Complaints to the
Governor and Admiral against Rd. Haddon.[17] That the said two
Englishmen who had been Passengers in said Spanish Schooner, did make
Oath before the Governor of Jamaica of the Transactions of said Rd.
Haddon his Officers and People. That the Exhibits now Shewn him marked
A No 1 and No 2 are the Affidavits lay'd before the Governor of
Jamaica in support of the Truth of the Complaints made by him this
Deponent against said Rd. Haddon, his Officers and People which this
Deponent brought with him from Jamaica to New York. That the Name
Subscribed to the Affidavit in the Exhibit marked A No 1 is his own
Hand Writing and attested as Expressed in said Instrument of Writing.
That said Henry Myerhoffer did Subscribe his Name to the Affidavit and
that he knows that to be his Hand Writing in the Exhibit marked A No
2, and that he attested the same in manner therein Expressed. That
Admiral Townsend in pursuance of the said Complaint and proofs
Dispatched a small Man of War under his Command in pursute of said
Richd. Haddon in order to bring said Schooner _Peggy_ into Port
Royal[18] on the Island of Jamaica aforesaid.
[Footnote 16: Now Lucea, at the northwest corner of the island.]
[Footnote 17: Henry Moore, lieutenant governor, was acting as
governor. The preceding governor, Vice-Adm. Charles Knowles, had
lately removed the seat of government from Spanish Town to Kingston.]
[Footnote 18: Port Royal, on the south side of Kingston harbor, was
the first capital of the island; but probably Ybanez means the
harbor.]
8ly. That this Deponent did afterward Return to The Havana and Arrived
there on or about the 16 May 1757. That said Admiral Townsend did
afterward arrive at the Havana and Advised this Deponent to proceed
to New York not doubting but he would receive Satisfaction for the
Injury done him by said Rd. Haddon his Officers and Crew belonging to
said Schooner _Peggy_ and that in Case he should not Receive the
Satisfaction he Expected, then to proceed with the Affidavits to
London to demand it there. That said Admiral being then in the Havana
gave him a Letter to the Gover'r of New York Recommending to him to
procure Justice to be done to this Deponent.
9ly. Does not belong to this Deponent to Ansr.
Lastly, He says that he knows of nothing further Necessary to or
Concerning these Interrogatories.
PHELIPE YBANES.
Examined the 2d of September Anno Dom 1758.
(Assisted by Garrat Noel Sworn Spanish Interpreter)
RICH'D NICHOLLS, Regr.[19]
[Footnote 19: The document is endorsed as filed Sept. 2.]
_188. Libel of Felipe Ybanez. September 27, 1758._
Province of New York } To the Honourable Lewis
Court of Vice Admiralty } Morris Esqr. Commissary
and judge of the
Court of Vice Admiralty
for the Province of New
York.
The Lybel and Claim of Philip y Banes otherwise called Philip Vanes,
otherwise called Philip de Francis,
Humbly Sheweth,