Present

His Excellency the Governor,

The Honorable Charles Morris, Richard Bulkeley, Henry Newton, Joseph Gorham, Arthur Goold, John Butler

Counsellors

Mr Thomas Am Harris Master's Mate of the King's Sloop Savage declared

That by Order of His Commanding Officer he was Ordered on board the Schooner Lively about five Weeks ago, and Accordingly boarded Her, and Asked whence She came from, and was Answered, from Winter Harbour, He went down in the Cabbin, and found Mr Higgins, Mr Calbeck and Marshal Carpenter's Assistant of the Navy Yard ー He then Asked Mr Higgins from whence he came ー who said from Head Quarters at Cambridge. ー at which the Declarant Started, ー Mr Higgins said you need not be surprized I assure you it was from Head Quarters I came, ー The Declarant Asked how he came from thence ー at first he said it was by his interest, and then said he purchased the Vessel, ー He then talk'd of going on Shore, to which this Declarant said he would give him a passage and go with him to Captain Bromwiche's [Hugh Bromedge].

The declarant then Ordered four of the Hands on board to take care of the said Schooner; as He did not Ch use she should go away untill he had Orders from the Commanding Officer. ー As he was putting off from the Schooner Mr Higgins Order'd her to the Wharfe, ー The Declarant replied, you cannot do that untill further Orders; I have taken charge of Her myself. Higgins Asked then how the Tide was; The Declarant Answer'd; Tide of Flood. ー they then went on Shore together; Mr Higgins Asked whether he Might go to Mr Butler's, to which the Declarant said he might, it was immaterial. That Higgins went into Mr Butler's; That then the Declarant waited on Capt. Bromwich & acquainted him with what had happened, that Captain Bromwich desired that he would bring the Master of the Schooner on board the Savage. ー That the Declarant Accordingly went to Mr Butler's to Speak to Mr Higgins, and Acquainted him of the Orders, that he went into a Room there, where he found Mr Higgins and another Person, when a third Person came in at another Door, who said good Morning to you Mr Higgins, I am glad to see you here; I did not expect to see you here so soon, Mr Higgins replied, Sir, it is your interest, had not your Letters flown about at the [Provincial] Congress and at Cambridge, I should not have seen you here; on which it was replied by the other Person present, Sir, it is Mr Butler's Letters in England you Mean ー on which Mr Higgins repeated the same Words over again, it was your interest &c or I should not have been here ー Then the 2d Person said to Mr Higgins, you dont, Want this Person, meaning the Declarant, any More, on which Mr Higgins, said no Sir, you may take the Master with You ー

The Declarant further said that Mr Butler was the Third Person who came into the Room ー

Mr Higgins Appearing was Asked by the Declarant when I did see You, do you recollect what passed between Us, ー to which Mr Higgins said I really don't recollect nor know. ー being Asked whether Marshall was there; Higgins replied he was, do you recollect whether I asked you whence you came ー and that you said from Head Quarters at Cambridge. ー Higgins replied maybe so, I am not certain. ー Did you not say you bought the Vessel. ー Higgins replied Yes, I purchased Her.

Did I not see you at Mr Butlers? who was the Person to whom I saw you talking there. ー Higgins replied he did not recollect any Person there, ー but, on further recollection, he said, he believed it was the Lieut Governor

Mr Higgins being Asked what he Mean't by saying that Mr Butler's Letters were flying about &c at Cambridge, had been the Means of bringing him back so soon; ー Answered, that he did not recollect any such expression; ー that it was for carrying provisions to Halifax for the Troops, and on Account of the Letters which Mr Butler had Wrote to Mr Calbeck of St John's Island, and had been taken and Opened by the Rebels, containing reflections on them, that he had been taken and brought to Cambridge. ー

Being further Asked by the Declarant whether the Lieut Governor did not say, ー you Mean Mr Butler's letters in England. ー He Answer'd he did not recol lect ー Being Asked whether the Lieut Governor, Asked Mr Higgins if he wanted Mr Harris any More, says he believed he did ー

Mr Calbeck of His Majesty's Council of Saint John's Island, Appearing was Asked by the Governor ー

Did you hear of any Letters of Mr Butler's being at Cambridge on your Arrival? ー He Answer'd No, And said that the Letter wrote to him by Mr Butler, had been taken by the Rebels contained very strong expressions Against them, Asserting that they were Commanded by a set of sad Fellows, and would be Beat, or words of that purpose, and that there was a reinforcement coming out from England, and a broad Pendant in this Harbour; and that if they made any Attempts here they would get a Damn'd drubbing. ー that when they had their papers restored to them, they Burn't Mr Butler's letter.

The Council having taken the whole of the Declaration and Evidence into consideration, were of Opinion, that there was no proof whatever, that Mr Butler had carried on any Correspondence with the Rebels, that on the Contrary it appear'd that the Schooner was taken on Account or having brought Provisions for the Troops; And that Mr Butler had wrote to Mr Calbeck a letter in very Strong terms against the Rebels, which afterwards fell into their hands. ² ー