Spain and a subject of his Catholick Majesty, and an Inhabitant of the
Havannah in the Dominions of his said Catholick Majesty, and that he
the said Philipe was at the Time of the Capture herein after mentioned
Master and sole Owner of a certain Spanish Schooner called _La Virgin
del Rosario y el Sancto Christo de buen Voyage_: That being on a
Voyage from Trinidada, and having a Passport for Mansennello he went
to the Havannah leaving his said Schooner at a Landing Place about
eight Leagues distant from thence called Vanes[1] and there in
Pursuance of a Proposal which had been for that Purpose made to him
before he had left Trinidada aforesaid on the 10th of November one
Thousand seven hundred and fifty six entered into a written Agreement
with Caleb Davis[2] of the English Nation and Transiently in that
City, the Purport of which Agreement was that he should carry in his
said Schooner one Henry Myerhoeffer and one Wm. Abbot an Englishman to
Port Royal on the Island of Jamaica carrying with them certain Papers
and Letters relating to an Affair with which he the said Davis was
charged in Virtue of an Order from his Sovereign the King of Great
Britain, who were to remit to him the said Caleb certain Merchandize
which he had given them Orders to send on his Account and Risque for
the Supply of his urgent Necessities which when complyed with he
obliged himself to pay to the said Philip the sum of one thousand
Dollars without Delay, as by the said Agreement ready to be produced
may appear; That after his having made the said Agreement, his said
schooner being at the said Landing Place called Vane's he took on
Board the said Schooner the said Henry Myerhoffer and Wm. Abbot and
their Letters and Papers and Eight other Persons, all subjects of his
Catholick Majesty, who engaged to go as Passengers in the said
Schooner to the said Island of Jamaica. And the said Philip further
saith that he had also on Board his said Schooner one Mate or Pilot
and six Marriners to navigate the said Schooner who were all likewise
Subjects of his said Catholick Majesty and among other Goods had on
board the said Schooner several Bags of Money which contained In
silver to the Amount of six Thousand nine hundred and seventy five
mill'd Dollars, and in Gold the Value of six hundred and sixteen
mill'd Pieces of Eight and divers Gold Rings and other Trinkets to the
Value of two hundred and eighty mill'd Pieces of Eight, six
Pateraroes[3] of the Value of sixteen Pounds, a Parcel of Gun Powder
containing in quantity about fifty Pounds of the Value of Eight
Pounds, one Bag of Indigo containing in quantity about one hundred and
fifty Pounds of the Value of sixty Pounds, and a Chest of Sweetmeats
which cost in the Havannah forty Dollars of the value of sixteen
pounds, fourteen Spanish Machets[4] of the Value of twenty two Pounds
eight Shillings, one Pistol of the value of one pound five shillings,
thirty swivel shot of the Value of fifteen shillings, all New York
money, together with sundry other Goods mentioned in a Lybel filed in
this Court by the said Richard Haddon hereinafter mentioned, all which
were the Property of him the said Philip Y'Banes and others the
Subjects of the King of Spain in Amity and Friendship with the King of
Great Britain; That he the said Philipe afterwards being in the Course
of his Voyage to the Island of Jamaica aforesaid on the high Seas and
within the jurisdiction of this Court about ten Leagues to the
Southward of the Island of Pines, on or about the sixth day of
December which was in the year of our Lord one Thousand seven hundred
and fifty six, he the said Philip was attacked and set upon in his
said Schooner by one Richard Haddon, Commander of a Schooner called
the _Peggy_ being a private Vessel of War from this Port of New York;
That he the said Richard Haddon having fired a Gun against the said
Spanish Schooner and brought her to, sent the Boat of the said
Privateer on Board the said Spanish Schooner, manned and armed,
together with one officer of him the said Richard Haddon which the
said Philip took to be his first Lieutenant, and others of the Crew of
the said Privateer _Peggy_, who searched into and Examined the sd
Spanish Vessel where they found all the money and Goods aforesaid,
all which by the said Officer and Crew were taken out of the said
Spanish Schooner and carried on Board the said Privateer the _Peggy_,
commanded by the said Richard Haddon; That he the said Philip Y Banes
was then and there in a forcible manner taken out of the said Spanish
Schooner by the said Lieutenant and Crew of the said Privateer the
_Peggy_ or some of them and carried on Board the said Privateer, where
the said Philip Y: Banes was searched from Head to Foot by the said
Richard Haddon, the said Lieutenant or officer and others of the Crew
belonging to the said Privateer by the Orders of the said Richard
Haddon, and he the said Philip was then and there unlawfully stripped
by the said Richard Haddon and others of his Crew of the Value of Two
Hundred and twelve Dollars in Gold which he the sd. Philip had
concealed in his Breeches; That he the said Philip did then and there
shew to him the said Richard Haddon his Passport and other papers and
Documents evincing Spanish Property in his said Schooner and Cargo,
and the Intent of his present voyage, and did insist and declare to
him the said Richard Haddon that his sd. Vessel and all the Money,
Goods and Effects that he had on Board wch. had been so seized and
taken as aforesaid were the Property of himself and others the
subjects of his said Catholick Majesty and did belong to no other
Person or Persons whosoever, and did request and intreat him the said
Richard Haddon to restore to him the said Philip the said Money, Goods
and Effects, or to bring him into this port of New York that he might
have an Oppertunity of making his Claim and proving his property to
and in the monies Goods and Effects so taken from him the said Philip
by him the said Richard, his Officers and Crew as aforesaid, But the
said Richard Haddon did altogether refuse to restore the same to the
said Philip or to permit or Suffer him the said Philipe or any of his
Officers or People to come with him in the said Schooner _Peggy_ to
this Port of New York; That the said Philip did then desire the said
Richard to give him a Receipt or Certificate of the money, Goods and
Effects which had been so seized and taken from him as aforesaid, that
he might satisfy all parties concerned in the same Money, Goods and
Effects of the manner How he had been deprived of the same; That the
said Richard did then Deliver to the said Philip a Writing which he
said did Contain such Receipt or Certificate, But afterwards the first
Lieutenant of him the said Richard did require and Insist that he the
said Philipe should redeliver the same to him; That the said Philip
refused to redeliver the said writing and thereupon the said first
Lieutenant lifting up his Fist threatned to knock him down if he
resisted, and with his Other Hand took the said Certificate thus
forcibly and Violently out of said Philips Pocket where he had
endeavored to secure the same, And the said Philip further sheweth
that the said Richard did also take from on board the said Schooner
the said Henry Myerhoffer and William Abbot, his said two Passengers,
And also his passport and other papers shewn to him the said Richard
to the purpose aforesaid, and after giving the said Philip very
threating and abusive Language did then and there send the said
Philip, despoiled and deprived of his money, Goods and Effects,
passport and other papers aforesaid, on Board his said Spanish
Schooner; That the said Richard Haddon did afterwards proceed with the
said privateer _Peggy_ to Lucea on the Island of Jamaica and there
careened and fitted her for the sea and during the time he say[5]
there kept the said Henry Myerhoffer and William Abbot closely
confin'd in order to prevent their discovering or Complaining of this
Treatment he the said Philip had received from the said Richard
Haddon, his Officers and Crew as aforesaid. And when and not before
the said privateer had Hoisted sail to Leave Lucea aforesaid the said
Henry Myerhoffer and William Abbot were set at Liberty, and the said
Privateer proceeded to sea. And the said Philip further Sheweth that
He the said Richard Haddon in the said Privateer Did afterwards Arrive
at this port of New York And that the said Richard Haddon did
afterwards on or about the ninth Day of March in the Year of our Lord
one Thousand Seven hundred and fifty six[6] by his Lybel filed in
this Court claim Part of the Money, Goods, and Effects which had been
taken from him the said Philip in Manner aforesaid, viz. Ten
Doubloons, five Thousand seven hundred and sixty four Dollars, one
Hundred and five Pistreens and some small Silver, as also one
Bracelet, twenty gold Rings, some Silver Buckles, six swivel Guns,
some Shot, one Cask of Powder, some Cutlasses and one Bag of Indigo,
as being the Property of the Subjects of the French King and prayed
that the same might by the Sentence of this Court be adjudged and
condemned as Lawfull Prize to him the said Richard Haddon and the
Owners and Company of the said Privateer _Peggy_, as by the said Lybel
filed in this Court, Reference being hereunto had, may more fully
appear; That the said Philip not having any Pilot or Person on Board
his said Vessel who was acquainted with the Navigation on this Coast
was all together deprived of the Means and Opportunity of making his
Claim and Defence to the said Lybel; That immediately after the said
Seizure he returned with said Spanish Schooner to the Havannah, and
complained there, of the said abuse that he had received from the sd.
Richard Haddon and his Officers and Company. That the Governour of the
Havannah[7] hearing thereof highly resented the same (and as the said
Philip has been informed and hopes to prove) wrote to his Excellency
Sr. Charles Hardy, then Governour of this Province,[8] upon the Matter
of his said Complaint, demanding Redress, And that at that Time there
being a British Man of War lying in that Port the Said Philip also
made the like Complaint to the Commander of the said Ship who advised
the said Philip immediately to repair with his Schooner to Jamaica and
make his Case known to the Government there and Particularly to
Admiral Townshend who was upon that Station, That upon proper
Representations being made, Justice might be obtained and Reparation
procured to the said Philip by Means and assistance of the British
Government; That accordingly the said Philip proceeded to Jamaica and
arrived there on or about the Beginning of March one Thousand seven
hundred and fifty seven and applied to Admiral Townsend and made his
Affidavit of the Treatment and Usage that he had received from the
said Richard Haddon and the said Officers and Crew of the said
Privateer _Peggy_ before a proper Officer there, and also finding the
said Henry Myerhoffer in that Island he procured his Affidavit to be
taken of the like matter, both which affidavits properly certified
under the Seal of the said Island are filed with the Register of this
Court and to which the said Philip for greater Certainty doth refer;
That his Majesty the King of Great Britain, being informed of the
Premises by Affidavits concerning the same, transmitted by Admiral
Townsend, did by a Letter from the Right Honourable the Earl of
Holdernesse his Secretary of State to the Governour of this Province,
Dated at Whitehall the twentieth Day of May one Thousand seven hundred
and fifty seven,[9] express the deepest resentment of the said Injury
done to the said Philip by the said Richard Haddon and the officers
and Crew belonging to the said private Vessel of War, as being
contrary to all Humanity and Good Faith and the General Instructions
Given to Privateers, And did require and demand that Justice might be
done within this his Government to the Subjects of his Catholick
Majesty relating to the Premises, as by the said Letter filed in the
Minutes of his Majesty's Council for this Province of New York[10] and
an attested Copy thereof filed with the Register of this Court, to
which the said Philip doth refer, may more fully and at large appear.
And the said Philip further sheweth That during these Transactions in
the West Indies and in Great Britain he the said Richard Haddon
prosecuted his said Lybel in this Court and to give the better Colour
to his Pretensions that the Money, Goods and Effects before mentioned
were French Property did on the thirty first of March one Thousand
seven hundred and fifty seven procure Some Person calling himself
Francisco Raphe to be examined before the Register of this Court[11]
on the Part of him the said Richard Haddon against the Money, Goods
and Effects mentioned in his said Lybel, wherein the said Francisco
Raphe deposes among other Things that he is a Native of Sierra in
Greece and Subject of the Grand Turk, by Occupation a Marriner, That
two Days after the Vessel, he was on Board of, sailed out of Cuba they
were taken by Captain Haddon which was about December then last, That
he did not know the Vessel's Name of which he was on Board for She had
no regular Commander nor Dispatches or Papers of any Kind from any
Port or Place whatsoever, and he believes that had such Vessel been
taken by any vessel of any Nation She would have been a lawfull Prize
And had She been taken by a Spanish Guarda Costa, the whole Ship's
Crew would have been hanged as Pirates, That there were on Board, of
all Nations allmost, as Genoesse, French and others, in Number twenty
two, and that one of the Chiefs in particular was a French man,
Subject of the French King, That he absolutely, from all the Knowledge
he can form, thinks her to be a just and lawfull Prize; And he the
said Philip further sheweth that he is advised that the said
Deposition is of a very extraordinary Nature, and made by one who
supposed himself to have been a Pyrate; That by Reason of its great
Incertainty it can have no legal Application either to him the said
Philip or his Schooner; that the Vessel on which the said Francisco
Raphe was on Board was a Ship of the Crew Whereof he was one; That the
said Schooner of the said Philip had a regular Commander and proper
Dispatches and Papers from Trindada a Spanish Port; That not one
French Man or Genoe was on Board the said Schooner nor any one
Marriner or passenger Except the said Henry Myerhoffer and William
Abbot that was not a Subject of Spain; And the said Philip further
sheweth That he is an entire Stranger to the said Francisco Raphe,
That he knows no Person of that Name, and is very certain that no such
person was either a Seamen or Passenger on Board the said Schooner in
the Voyage before mentioned, and the said Philip is informed that no
Witness whatsoever was produced in this Court to Prove the Money,
Goods and Effects mentioned in the said Lybel of the said Richd.
Haddon to be French Property but the said Francisco Raphe, and that by
the Minutes of this Court it will appear that on the very Day the said
Examination was taken Publication was ordered to pass and the Cause to
be immediately heard, and thereupon the Proctor for the said Richard
Haddon opened the Lybel and Proceedings, and the Deposition of the
said Francisco Raphe being read this Court having considered of the
same did adjudge, Sentence and decree the said Money, Goods and
Effects in the said Lybel mentioned as lawfull Prize for the use of
the Captors, pursuant to the Statute in that Case made and _provided_
that no just and rightful Claim be made for the same by any Other
Person or Persons within a year and a Day, and ordered that the
Lybellant stipulate with Security to the Register of this Court in the
Amount of the said Gold, Silver and other Things to bring the said
Amount into this Court when this Court should order the same within a
year and a Day aforesaid, To which Minute of this Court the said
Philip doth refer, And the sd. Philip further sheweth That at a Court
of Vice Admiralty held at the City of New York on the twenty-sixth Day
of July then next following, pursuant to the order of this Court of
the thirty first Day of March then last past, the Accounts of Sales of
the said Gold, Silver and other Things lybelled as aforesaid were
brought into this Court and filed,[12] And that thereupon Jasper
Farmer and Thomas Miller of the City of New York, Merchants, appeared
in this Court and freely and voluntarily submitted to the jurisdiction
thereof And severally stipulated to the Register of this Court in the
Sum of Two Thousand four Hundred and nine Pounds, four Shillings and
eleven Pence three Farthings, said to be the Amount of the said Gold,
Silver etc. on Condition to bring the said Money into this Court when
this Court should order the same at any Time within a year and a Day
from the said thirty first Day of March then last past, as by the said
Orders and Proceedings of this Court to which the said Philip doth
refer, Relation being thereunto had, may appear. And the said Philip
further sheweth that by the said Letter of the Right Honourable the
Earl of Holdernesse before mentioned and above referred to, his
Majesty The King of Great Britain did Command Prosecutions to be
immediately commenced for the Recovery of what should appear to be so
plundered from the said Philip and others the Subjects of the King of
Spain or the full Value thereof, with all Costs and Damages occasioned
by the premises; That his said Majesty's Advocate General for this
Province of New York, in obedience to his Majesty's Pleasure so
signified and the express Order and Direction of his Honour the
Lieutenant Governour of this Province and Commander in Chief then
being (having received Information of the said Orders and Proceedings
of this Court) to prevent any Prejudice to the Subjects of the said
King of Spain, in consequence of the same did on the seventeenth Day
of February last past, in the Name and Behalf of his said Majesty the
King of Great Britain, for the Use and Benefit of the said Philip and
other Subjects of the King of Spain, enter and file his Claim to the
Money and Goods first above mentioned, which had been with Force and
Violence taken from him the sd. Philip, declaring it to be intended
therein to include all the Particulars that had been before libelled
by the said Richard Haddon and other Goods that had not been so
lybelled, but had been taken and seized by the said Richard Haddon in
Manner as aforesaid, together with the Interest, Damages and Costs
which had accrued by Reason of the Premises; That afterwards the said
Advocate General on the tenth of March last in Obedience to the Orders
aforesaid did file his Claim more at large In this Court and among
other Things therein contained prayed that this Court would order and
decree that the said Monies, Goods and Chattels in the said Lybel of
the said Richard Haddon mentioned might by the Order of this Court be
brought into this Court according to the Stipulation aforesaid, as by
the said Claim filed with the Register of this Court, to which the
said Philip doth refer, may more fully and at large appear.
Whereupon, on the said tenth Day of March, it was ordered by this
Court that the Securities of the said Richard Haddon do bring into
this Court the said Sum of two Thousand four Hundred and nine Pounds,
four Shillings and Eleven Pence three Farthings, being the Amount of
their Stipulations aforesaid, on or before that day Week or Shew Cause
to the contrary; That on the seventeenth Day of March last the said
Jasper Farmer and Thomas Miller appeared in this Court by their
Proctor But did not bring into this Court the said Sum last mentioned
and had Time till the fifth Day of April following to shew Cause why
they had not done it, on which Day they filed their Demurrer to the
said Claim of the said Advocate General, alledging for Cause of
Demurrer that it appeared by the said Claim that the Scope and End
thereof was to relieve the said Philip y: Banes, a Spaniard, claiming
the Money and Effects formerly Lybelled in this Court by Richard
Haddon in Behalf of himself and the Owners and Company of the Schooner
_Peggy_, as French Property, against the Sentence and Decree of this
Court, to all which several Matters and other Things in the said Claim
contained the said Defendants did demur.
[Footnote 1: Cabanas.]
[Footnote 2: Caleb Davis had lived at St. Augustine as a trader for
several years prior to 1738, had made himself wealthy when, in 1739,
he proposed to settle in Savannah, and was a shrewd, cunning fellow,
so says Secretary William Stephens in his journal; _Col. Rec. Ga._,
IV. 64, 247, 309. Oglethorpe commissioned him as a privateer, in 1739,
but later arrested him for sending two Spanish prisoners in to St.
Augustine; _ibid._, IV. 422, 467, 483, 511, 623, and Harris,
_Oglethorpe_, p. 215. Egmont mentions him as "Captain Davies, of
suspected character"; _Col. Rec. Ga._, V. 139. In the next war he was
a very successful privateer; _ibid._, XXV. 42, 251. In 1751 and 1752
he commanded Oglethorpe's principal vessel of war; _Acts of the Privy
Council, Colonial_, IV. 128, 130, 170, 287, VI. 322.]
[Footnote 3: Pedereros, small pieces of ordnance used for throwing
stones, etc.]
[Footnote 4: Machetes.]
[Footnote 5: Error for stayed.]
[Footnote 6: Error for 1757.]
[Footnote 7: Don Francisco Cagigal de la Vega, captain-general of
Cuba; see doc. no. 189.]
[Footnote 8: Governor of New York from Sept., 1755, to June, 1757.]
[Footnote 9: Printed in _N.C. Col. Rec._, V. 756.]
[Footnote 10: _Calendar of Council Minutes_, p. 434.]
[Footnote 11: See doc. no. 185.]
[Footnote 12: Doc. no. 186.]
For That, by the Claim it appears that his said Majesty the King of
Great Britain ought not to recover the Money, Goods and Effects in the
Claim mentioned, they being expressly therein declared to be the
Property of a Spanish Subject, and not the Property of his said
Majesty the King of Great Britain, And for that his said Majesty ought
not by Law to sue for himself and a Subject in that Suit, And for
[that] a Decree in that Suit would be no Barr to a new Suit brought in
the Name of his Majesty on the Stipulation for the good Behaviour of
the said Richard Haddon, And for that by Law no Subject is to answer
to the King, for an Injury done to another Subject, but by a Criminal
Prosecution, And for that a Decree upon that Claim would be no Barr
to, nor could it prevent the said Philip Y: Banes from filing his
Claim in his own Name, And for that divers Persons are made Parties to
that Claim that ought not to be joined together, as by the said
Demurrer filed with the Register of this Court to which the said
Philip doth refer may more at large appear. And the said Philip
further sheweth that he hath not hitherto obtained any recompense or
satisfaction for the Injury aforesaid.
Wherefore he the said Philip for the Reasons aforesaid and for the
several Matters and Causes offered and insisted on in this his Libel
doth Humbly Claim the said Two Thousand four Hundred and nine Pounds,
four Shillings and Eleven Pence three Farthings, secured to be paid
into this Court by the Stipulation aforesaid, together also with all
and every the other Monies, Goods and Effects so seized and taken from
him by the said Richard Haddon as aforesaid and not mentioned in the
Lybel of him the said Richard, and all Damages, Losses and Expenses by
him the said Philip in any wise sustained by Reason of the Premises
And Humbly prays the Advisement of this Court in the Premises and the
due Process of the Law against the said Two Thousand four Hundred and
nine Pounds, four Shillings and eleven Pence three Farthings, secured
to be paid into this Court by the Stipulation aforesaid, and all and
every other such due Process as by the Law ought to issue and be
granted against all and every Person and Persons who is, are or may be
liable and Chargeable for the same and for all and every other the
Monies, Goods and Effects so seized and taken from Him the said Philip
as aforesaid and for his Losses and Damages and Expenses aforesaid,
and such full and ample Relief and Satisfaction touching the Premises
as, by the Law of Nations, the particular Laws and Statutes of Great
Britain, and the Custom and Usage of this Court, is due in cases of
this Nature to the Subjects of his Catholick Majesty the King of Spain
being in Amity with his Majesty the King of Great Britain.
WM. SMITH Junior,[13] Adv'te
for the Libellant.
JAS. DUANE,[14]
Advocate for the Libellant
[Footnote 13: William Smith, jr. (1728-1793), the historian of New
York, afterward chief-justice of New York and, in his last years, of
Canada.]
[Footnote 14: James Duane (1733-1797), a prominent member of the
Continental Congress from 1774 to 1784.]
_189. Certificate of Captain-General Cagigal. November 4, 1758._
Don Francisco Cavigal[1] de la Vega, Knight of the Order of St. James,
Field Marshall, Governour and Captain General of the Havana and Island
of Cuba etc. _Whereas_ I am Informed that Don Philipe Y Banes, Captain
and Administrator of the Schooner Called _our Lady of the Rosary and
Holy Christ_, And Marseleno Marrero,[2] Are now in the City of New
York, Dominions of his Majesty the King of Great Brittain, in Order to
Recover 7871 Dollars which in silver, Doubloons, and Gold Trinckets
were by force taken from them on the 6th December 1756, by Capt.
Haddon of the Privateer Schooner _Peggy_, from New York, a small
distance from Pine Island on the south side of this Navigation, and
having been Informed by Letters from the aforesaid that they are
hindered in prosecuting for their Right by the Owners of said
privateer Schooner pretending that they were Pirates at the time of
the Robbery, and in Attention that the Contrary has been Clearly
proved by their Sailing with a Spanish Crew and under Spanish Colours
and with Leave from my Lieutenant Governour Don Francisco Guitierres
in the City of Trinity to proceed to the anchoring place of Mansanillo
in the Jurisdiction of Valamo,[3] And After the Robbery they arrived
on this Coast at Porte Bane[4] where they took in Necessarys and with
my Licence they Sailed to Jamaica in search of said privateer and
presenting themselves before his Excellency the Governour Declared the
Robbery upon Oath, as did Likewise Henry Myeroffer and William Abbot,
two Englishmen who were on Board Said Don Philipe's Schooner at the
time the Robbery was Committed, and were afterwards taken and put by
said English Captain on Board his privateer, who Carried them to St.
Lucia on the Island of Jamaica, as appears from the Instruments that
said Don Philipe Shewed me on his Return, _And Whereas_ Considering
the Great Prejudice that has Resulted from their being out of their
Native Country and knowing that they are Inhabitants of this City and
Subjects to the King of Spain and have not Incurred the Penalty of
Pirates, In their behalf and for myself I pray and Recommend to his
Excellency the Captain General and Governour and the Judge of the
Admiralty of New York that they will be pleased to Order to be
Delivered the said Money to the said Spaniards, inasmuch as I am ready
to Observe Equal Justice in the Like Case, And in Case they Should
meet with any Difficulty in the Recovery of their Right, I do by
Virtue of this Grant them a passport and Leave to follow their
Recourse to the Court of London and Appeal to his Brittanic Majesty
till the Ultimate Resolution of his Royal Clemency; to this End I have
perused the foregoing and do Sign and Order the Royal Signet to be
Affixed to the same and Authorized by the present Notary to the
Government. Given in the Havannah the fourth of November 1758.
[Footnote 1: For Cagigal. Don Francisco Cagigal de la Vega
(1693-1777), who had been governor of Santiago de Cuba from 1738 to
1747, and had defended it successfully against the English in 1741,
was captain-general of Cuba from 1747 to 1760, when he became viceroy
of New Spain.]
[Footnote 2: In the same set of papers there is a deposition of
Marcelino Marero, born in the Canary Islands, forty-three years old,
almost identical in contents with that of Ybanez, doc. no. 187, and of
the same date.]
[Footnote 3: Bayamo.]
[Footnote 4: Cabanas.]
Before me
DIEGO DE GUITIERRES
Notary to the Governour
FRANCISCO CAVIGAL DE LA VEGA
We his Majestys Notary Publicks of the Number Admitted in this City
Certify that Don Diego Guitierres, by whom this Dispatch is
Authorized, is Notary to the Government and that Entire faith and
Credit may be given to all his Dispatches, Judicial and Extrajudicial,
Dated ut Supra.
ANTO'O PONCE MANUEL RAMERES CHRIST'O LEAL
Not'y Publick Notary Publick Not'y Publick
I Certify that the foregoing is a true Translated Copy of the Original
Spanish Exam'd by
GARRAT NOEL
Sworn Span'h Intep'r
_190. Deposition of William Haddon. November 16, 1759._
Province of New York.
Court of Vice Admiralty.
The Deposition of William Haddon who having been before Sworn and now
examined on the Interrogatories to be administered to witnesses to be
produced, Sworn and Examd. on the part and behalf of Thomas Miller and
Sampson Simpson, defendants, at the suit of the attorney General In
the name of our Lord the King Libbellant.
1st. To the First of the said Interrogatories this deponent saith that
his name is William Haddon, aged thirty eight years, his usually place
of residence is at New York, By occupation a schoolmaster[1] and a
subject to the King of England.
[Footnote 1: "At a commodious House ... in Bound Brook, Province of
East New Jersey, young Gentlemen are educated and boarded on
reasonable terms, by William Haddon, Professor of ab, eb, etc."
Advertisement in _New York Mercury_, Mar. 30, 1761. He taught there
seven years, then at Newark from 1768 on. _New Jersey Archives_, first
ser., XX. 548.]
2d. To the second Interrogatory this deponent saith that he knows
Richard Haddon, late commander of the private Sloop of war called the
_peggy_, that the said Richard Haddon is this deponents brother and he
has Known him as long as he has had knowledge.
3d. To the third Interrogatory this deponent Saith that he knew a
person called Don Philip, which this deponent supposes to be the same
person Philip Vanes, otherwise called Philip De Francois, otherwise
called Philip Y Banes, mentioned in the third Interrogatory, that he
first saw him the 7th of December 1756, In the Latitude of 21 and 33
m. N.[2] and Longitude 81 deg. and 30 m.
[Footnote 2: The latitude given in the next paragraph, 21 deg. 23' N.,
must be the correct one. Lat. 21 deg. 33' would be on the island of Cayo
Largo. Doc. no. 184 gives lat. 21 deg. 18', long. 81 deg. 57'.]
4th. To the fourth Interrogatory this deponent Saith that he saw a
certain Schooner pretended to be a spanish Schooner, But did not know
her name, and first became acquainted with her the 7th of December
1756, In the Latitude of 21 and 23 N: and Longitude 81 and 30, this
deponent was on board the privateer _peggy_ when the said Schooner
was taken, that he was Capn. Clerk,[3] this deponent is not very
positive but believes there was about fourteen men on board the said
schooner at the time she was taken, that the said schooner had four
carriage [and] six swivel Guns at the time she was brought too, as
this deponent afterwards heard, and that she had no regular papers or
Clearances from any publick authority, as this deponent saw or heard
at that time or since. This depont. also knows and remembers that
particular pains was taken by Capn. Haddon and all the officers
belonging to the said privateer to discover whether there were any
regular ships papers or Clearances on board the said schooner at the
time of her being taken, and in particular the Capn. when he sent
Christopher Miller on board, his first Lieutt., desired him to send
all the papers of the schooner on board the privt.; that after the sd.
first Liet. got on board he made a search and told the said Capn.
Haddon from the said schooner that he could find no regular papers on
board her, whereupon the Capn. told him bring all the papers he could
find and the Capn. of the sd. Schooner, upon which the Liet. made
answer he could not tell which was the Capn.; upon that the Capn. told
him to bring two or three of the Likeliest of the men, that he did so
and these men belonging to the said schooner came on board, one of
which, which the deponent took to be Don Philip, being asked for the
papers delivered a pocket book to the Capn. which the Capn opened upon
the Quarter deck and took out the papers; that this deponent was there
and saw nothing but a few Letters, sealed up and directed to Different
persons in Kingston; then sd. Capn. Haddon told the said Philip that
he certainly must have more papers; upon that sd Philip shrugged up
his shoulders and was Silent, and after that Capn Haddon called to the
first Liet., wo [who] was still on board the said Schooner, to make a
further Search, and this deponent never heard of any papers at all
being found that were satisfactory. the said Philip appd.[4] to be the
Capn. or principal officer of the said schooner. this deponent
further Says that he heard Capn. Haddon say, upon the peoples asking
what he Intended to do with them, that he would carry them to the
Havannah, upon which as this deponent understood by the Interpretation
of one Francis De Spania, a Spaniard belonging to the privateer
_peggy_, and from the Declarations of Capn Haddon, they begged and
Intreated he would not, for that if he did they would either be hanged
or made slaves, and that they said they did not value the money, and
their lives would be of Little Service to Capn. Haddon, and the said
Capn. told this deponent the reason he did not send her into any port
for condemnation was partly out of humanity to the people and partly
in regard to the Interest of his owners. This deponent does not know
certainly but has been Informed that the said Schooner was not
properly equipped or fitt to come upon this Coast in the months of
December or January.
[Footnote 3: Captain's clerk.]
[Footnote 4: Appeared.]
5th. To the fifth Interrogatory this deponent saith that to the best
of his Knowledge the said Schooner had on board of her at the time she
was brought to by the said privateer _peggy_ about fourteen men,
composed of a Mixture of Nations, that the following Quantitys of
Money was taken out of the said and brought on board of the _peggy_
and Sorted on the deck and there counted, viz. 5764 Dollar, 10
Doubbloons, 105 pistereen, 1 Two Shilling, 1 shilling, five bitts, two
pair of Silver Knee buckles and one Box containing Sundry Trinkets of
Gold, to witt, one Bracelet, twenty Gold rings and one pair of Gold
Sleeve buttons; it was brought on board in a publick manner and it was
sorted and counted in this deponents presence and this deponent
understood that the said money and other things were owned among the
different persons on board.
6th. To the Sixth Interrogatory this deponent Saith that he heard that
the persons on board the said Schooner delivered up or gave the said
box or Trinkets to Capn Haddon on condition that he would not Carry
the said Schooner with the Crew thereof to the Havannah and further
saith not to this Interrogatory.
7th. To the Seventh Interrogatory this deponent saith that he knows
that Capn. Haddon acquainted the persons on board the said Schooner
with the name of his vessel, his own name, the port she belonged to,
and that he should carry the things he had from on board the said
schooner to the port of New York for condemnation.
8th. To the eighth Interrogatory this deponent Saith that he remembers
That another Schooner was brought to by the _peggy_ some short time
before the schooner was brought to out of which Capn. Haddon had the
money belonging to the Spanish Nation, and richly Laden and they were
Treated extreamly Civil by Capn. Haddon; this depont. Could not
observe from any of his conduct that he was desirous to rob or pilfer
them, but on their producing regular paper and clearances discharged
them, and this deponent knows of his supplying a Spanish Sloop with
provisions on the Twelfth of Jan'y 1757.
9th. To the Ninth Interrogatory this depont. saith that he knows of
nothing further that will tend to the advantage of the defendt. in
this Cause except That Capn. Haddon found a french Letter on board of
a prize which he took coming from the Mississippi, from a french
officer in Luisiania to a person of distinction in old france, by
which he understood that the french were Incroaching upon the Spanish
Territories and had still designs so to do, upon which Capn. Haddon
Inclosed the said french Letter in a Letter Directed to the Governour
of the Havannah, which said Letter this depont. wrote by direction of
the Capn.,[5] and that the said Capn. always Treated prisoners and
others with humanity and Civilly and always acted with much care.
[Footnote 5: See also doc. no. 184, note 3.]
10th. To the Tenth Interrogatory this deponent Saith that he shall not
gain or loose by the event of the suit any other wise than by reason
of the near relationship he stands in to Capn. Haddon and by his
belonging to the said Vessel in the said Cruize.
WILLM. HADDON.
Examined this 16th of Novr. 1759
Per me
SILVESTER, D: Register
_191. Declaration of Don Geronimo de Medrano. November 19, 1759._[1]
[Footnote 1: This and the three succeeding testimonies were taken in
Cuba under the commission mentioned in note 1 to doc. no. 184.]
19th of November 1759 Before the Lieut. Auditor General Commissioned
in this Cause appeared Ensign Don Geronimo de Medrano a Native and
Inhabitant of this City, who being sworn by making the Sign of the
Cross according to Custom and promising to declare the Truth, being
asked according to the Tenor of the Articles Contained in the
Interrogatory and Inserted in the foregoing Copy, he said as follows--
1. To the first he said that he knows Don Phelipe Ybanes and has known
him by that Name about twenty four years and knows him to be a Native
of St. Lucar de Barameda in Andalusia and an Inhabitant in this City,
where he Married in the Year 35 with a first Cousin of this Deponent;
That from the year 37 to that of 51 he followed the Business of
Working at Husbandry in the Fields near a Dwelling House he had at the
Mills and in the Herd yard of Doctor Don Ambrosio de Medrano.
Afterward he went to places up the Country where he became Clarke to a
privateer Schooner fitted out by the Lieut. at War of the Town of St.
John of the Remedys[2] Don Juan Antonio de Royo. Afterwards said
Ybanes Informed him that he had been met with by some Englishmen Said
to be Privateers near the Coast of this Island (he did not Exactly
remember the place) and that they had carried away the Money he took
for his Voyage, and is what he heard Commonly Reported in this City,
which is all he knows about this Enquiry.
[Footnote 2: San Juan de los Remedios, commonly called Remedios, lies
in the middle of the north coast of Cuba, 32 miles east of Santa
Clara.]
2. To the second he said that he does not know the said Schooner and
is Ignorant of the other particulars in the Enquiery.
3. To the third he said that he is Ignorant of the Contents in this
Enquiery.
4. To the fourth he said that he did not know Caleb David nor for what
he came to this City.
5. To the fifth he said that he knows nothing about the Enquiery in
this Article.
6. To the Sixth he said that he knows one Antonio de Correa, a
Spaniard living in this City since the year 1733, that his Employment
was bringing Wood from the Coast with Regordete Fregeno[3] but does
not know that he made a Voyage in 56, Nor the Embarcation in which he
went nor any thing of the rest Enquired.
[Footnote 3: _Regordete_ means short and stout.]
7. To the seventh he said that he knows nothing more to Answer than
what he has said to the foregoing.
8. To the Eighth he said that he Expects no Interest from the Result
of this Cause and that what he has said and Declared is the Truth, to
which he has made Oath and being Dated and Read to him he said it was
well Wrote. That he is thirty Six years of Age. to which he set his
Hand and his Honour, his Rubric of which I give Testimony.
HERON'O JOS'H MEDRANO.
Before me
JUANFERN'O DEL VALLE.
N'y Pub.
_192. Declaration of Don Joseph de la Vega. November 19, 1759._
Immediatly after appeared before the Lieut. Auditor Gen'l Don Jos'h de
la Vega, an Inhabitant of this City, and being sworn by making the
sign of the Cross according to form of Right and promising to say the
truth, Being Enquired according to the Tenor of the Article[s]
Comprehended in the Interrogatory and Inserted in the foregoing Copy,
said as follows--
1. To the first he said that he has known Don Phelipe Ybanes about
twenty years, a Native of Spain and an Inhabitant of this City, having
remained here after the loss of the _Flora_[1] and Married Dona
Eugenia Suarez, Neice of Doc'r Don Ambrosio de Medrano, that he has
seen him taking care of a Herd Yard belonging to the said Doc'r, and
at a small Dwelling House Contiguous to it said Ybanes had Kills for
making Charcoal and Lime, in which Employ he continued some years. He
afterward saw him in this City Employed in buying and selling tile
about two years and a half or three years agoe but does not know where
he was when absent.
[Footnote 1: The reference is probably to the frigate _Floridana_,
which foundered off the Cuban coast in the hurricane of July 15, 1733,
which destroyed sixteen ships of the Havana fleet of Don Rodrigo de
Torres. Fernandez Duro, _Armada Espanola_, VI. 242-243.]
2. To the second he said that he does not Remember to have heard (but
on one occasion about two years and a half agoe) said Ybanes say that
he had a Schooner of his Own and that making a Voyage in her he was
Robbed by some Englishmen, but did not say where he was bound to nor
any other thing particular relating to what is Contained in the
Enquiry, for which Reason and not having any knowledge of the said
Schooner he cannot give any Acco't of them.