And now to wit the twenty sixth Day of September aforesaid [1776] at a Court of Admiralty held at the State house in the City of Philadelphia aforesaid Before his Honor the Judge the Register certifieth that in Obedience to his Honor's Order he had caused due and publick Notice to be given of the Time place and Cause of holding this Court by causing to be published in the Pennsylvania Packet and Evening post two of the publick News papers printed at Philadelphia the following Advertisement to wit

[Here is inserted the text of the libel of September 9]

And thereupon cometh the Marshall of the said Court namely Matthew Clarkson Esquire and returneth the Warrant aforesaid and certifieth unto the Judge by Way of Indorsement thereon that he hath summoned the twenty four Jurors in the Pannel to the said Warrant annexed named so that they should be and appear at the Day and place in the said Warrant specified as therein he was commandedー

And hereupon the Bill aforesaid being read Proclamation was publickly made That if any Persons had aught to say why the said Sloop with her Tackle Apparel Furniture and Cargo and the Negro Slaves mentioned in the said Bill should not be condemned according to the prayer of the said Bill they should come forth and be heard when no person appearing to claim or defend The Jurors in the Panel aforesaid named were severally called and William Adcock John Ashmead Woolman Sutton Joseph Wetherill Thomas Nevil Benjamin Worrell Evan Evans Daniel Dolby Benjamin Jones Robert Fitzgerrald Robert McKnight and Jedediah Snowden being the first twelve of the said Jurors who appeared were severally and respectively sworn and affirmed to try the Truth of the Facts alledged in the said Bill and to return a true Verdict thereon according to their Evidenceー

And thereupon the Advocate for the Libellants with Leave of the said Judge read unto the Jurors aforesaid the Bill aforesaid as the same is above set forth and following Exhibits produced in this Cause on the part of the Libellants to witー

I do hereby certify that John Barry was duly commissioned and appointed to command the Brigantine of War called the Lexington fitted out at the Continental Charge and employed in the Service of the United States of America Witness my Hand this 26th Septr 1776 ー John Hancock Presidt

In Congress ー The Delegates of the United Colonies of New Hampshire, Massachusetts Bay, . Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the Counties of New Castle Kent and Sussex on Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia To all to whom these presents shall come Greeting Know Ye ー That we have granted and by these presents do grant Licence and Authority to James Robertson Mariner Commander of the Sloop called the Chance of the Burthen of thirty Tons or thereabouts belonging to James Craig and William Erskine & Co of Philadelphia in the Colony of Pennsylvania mounting six Carriage Guns and navigated by thirty four Men to fit out and set forth the said Sloop in a warlike manner and by and with the said Schooner and the Crew thereof by Force of Arms to attack seize and take the Ships and other Vessels belonging to the Inhabitants of Great Britain or any of them with their Tackle Apparel Furniture and Ladings on the high Seas or between high Water and low Water Marks and to bring the same to some convenient Ports in the said Colonies in order that the Courts which are or shall be there appointed to hear and determine Causes civil and maritime may proceed in due Form to condemn the said Captures if they be adjudged lawful Prize The said Craig Erskine and Co having given Bond with sufficient Sureties that nothing be done by the said Robertson or any of the Officers Mariners or Company thereof contrary to or inconsistent with the Usages and Customs of Nations and the Instructions a Copy of which is herewith delivered to him And we will and require all our Officers whatsoever to give Succour and'Assistance to the said James Rob- ertson in the premisses ー This Commission shall continue in Force until the Congress shall issue Orders to the contrary ー By Order of the Congress Dated at Philada 2nd July 1776 ー John Hancock President

By his Excellency John Earl of Dunmore his Majestie's Lieut Governor of the Collony of Virga &c &c &c And Andrew Snape Hammond Esqr Commanding Officer of his Majesties Ships on that Station ー Being fully satisfied that great Inconvenience arises to his Majesties Service from the Detention of the many Vessels containing the Families and Effects of his Majesties well affected Subjects who have from Time to Time put themselves under the Protection of this Fleet And in Consideration of the Losses they have already sustained and are likely to sustain from a further Detention We do hereby take into his Majesties Service the Sloop Betsey Samuel Kerr Master Sqr sterned Burthen about forty Tons navigated with seven Men for the purpose of trans-porting said Samuel Kerr his Family and Effects to a place of Safety And we do hereby require sd Saml Kerr to proceed with sd Sloop Betsey in his Majesties Service to the Port of St Augustine in E Florida laden with seventeen Hhds Molasses one Hhd and four barl Coffee eight Hhds Rum two quarter Casks Wine twenty five barl Sugar thirty barl Flour & one Cask Tobo (with a Variety of Household Goods) for the Use of his Majestie or for the Use of the Inhabitants of any Town or Place garrisoned and possessed by his Majesties Troops and no others And this We do on Condition that sd Sloop Betsey shall not be any Expence to Government for the above Service further than his Majestie shall be pleased to allow on a future Application This Licence to continue three Months and no longerー

Given under our Hands and Seals in the River
Potowmack this thirty first Day of July 1776
Dunmore A: S: Hamond

Samuel Kerr a Witness produced sworn and examined on the part of the Libellants in this Cause To the first Interrogatory deposeth and saith That he doth know the Brig called the Lexington abovementioned and did sail in her as Prisoner after the Capture of the Sloop Betsey that the said Brig was fitted for War commanded by John Barry and employed in the Service of the American States as he hath been informed and believes ー To the second that he doth know the Sloop called the Betsey abovementioned and did sail in her that about the twenty fourth Day of August last the said Sloop was taken at Sea by the Brig Lexington and that the private Sloop of War called the Chance commanded by James Robertson was in Sight at the Time of the said Capture that the said Sloop was then com: manded by one Monroe but this Deponent doth not know of what place the said Commander was an Inhabitantー

To the third that the said Sloop was not fitted for War that the said Sloop at the Time of the said Capture had on board a Cargo of several Kinds of Merchandize and other Effects That the said Sloop and chief part of the Cargo at the Time of the said Capture was the property of this Deponent and George Kerr and part of the Residue of the Cargo was the property of Robert Shaddon of Portsmouth in Virginia and the Residue thereof to wit four Barrels of Coffee the property of Henry and Thomas Brown of Portsmouth aforesaid which had been taken on board in the Absence of the Owners to prevent it being burned in Case the Town should have been fired that he knows the said Owners are Friends to the American Cause that the said George Kerr is an Inhabitant of Cabbin point in Virginia and this Deponent an Inhabitant of Edenton in North Carolina That the last port or place the said Sloop sailed from next before the Time of her Capture was Potowmack River in Virginia aforesaid and was then bound for St Augustine That thewcargo on board the said Sloop was intended for Sale except the Articles of Household Furniture which were intended for the private and particular Use of him the Deponent That there were on board the said Sloop at the Time of her Capture the following Negro Slaves to wit Harry and James (who were put on board by Mackam Herbert of Virginia to be delivered him at St Augustine aforesaid) Chloe and Sam her Child (to be disposed of at St Augustine aforesaid for the Benefit of James McCaw late of Virginia) Phillis (the Property of Mrs Bruff of Hampton in Virginia who had run away from her Mistress and had been taken on board for the purpose of redelivering her to her said Misstress) and Peter the property of this Deponent

To the fourth that there were no papers or Writings thrown overboard or destroyed on board the said Sloop to this Deponent's Knowledge except some in the presence and by the permission of Captain Barry afterwardsaid and not at all relating to the said Vessel or her Cargoー

Sworn September 26th 1776 In open Court Geo: Ross

And hereupon Proclamation was again made as is above set forth when Samuel Kerr the Deponent abovenamed appeared personally in Court and with his Honor's Leave addressed himself to the Jurors and advocated a Defence as well on the part of himself as of Henry and Thomas Brown and Mrs Bruff in the above Deposition namedー

Whereupon the Jurors aforesaid having heard the Proof Exhibits and Allegations and taken Time to consider thereof upon their Oath and Affirmation aforesaid respectively do say That they find all the Facts alledged and set forth in the Bill aforesaid are true And hereupon Proclamation being again made in manner above set forth and no person appearing to claim defend or object The said Judge proceeded to the publication of his definitive Sentence or Decree in the Words following to witー

It appearing to me from the Verdict of the Jury impannelled sworn and affirmed in this Cause upon the Evidence produced to them That all the Facts alledged and set forth in the Bill are true I do thereupon adjudge and decree that the Sloop or Vessel called the Betsey, with her Tackle Apparel and Furniture and the Goods Wares and Merchandizes found on board the said Sloop at the Time of her Capture and the Negro Slaves in the said Bill named and mentioned be condemned as lawful Prize and I do order the Marshall of this Court to sell the same at publick Vendue, and after deducting the Costs and Charges of the Tryal Condemnation and Sale thereof together with the Wages due to the several Seamen and Mariners belonging to the said Sloop out of the Monies arising from the said Sale to pay forty one one hundred and thirty fifth parts of the Residue of the said Monies unto the said James Robertson his Agent or Attorney for the Use of himself his Officers Mariners Seamen and all others belonging to or concerned in the said Sloop Chance And to pay the remaining ninety four, one hundred and thirty fifth parts of the said Residue unto the said John Barry his Agent or Attorney Two third parts thereof for the Use of the thirteen United States of North America and the other third part thereof for the Use of himself the Officers Mariners and Seamen belonging to the said Brigantine Lexington And I do order the said Marshall to pay the said Wages to the several Seamen and Mariners entitled to receive the same And to pay the said Costs and Charges into the Hands of Michael Hillegas Esquire Treasurer of this State according to the Resolutions of the honorable Continental Congress and of the honorable House of Representatives, of this State.

September 26th 1776