That he the said Philip is a Native of St. Lucar in the Dominions of

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.

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