John Lambert first Lieutenant and Mark Clark, Second Lieut of the Brigantine Massachusetts A Vessel of War belonging to the State of Massachusetts Bay whereof Capt John Fisk was Commander: Testify and Say That on Sunday the first [sic twenty third] day of March last, they Sailed in said Brig from Salem on a cruise, and were joined off Cape Ann Harbour by the Brigantine Tyranniside, Jonathan Harriden Commander, and the Briga Cabot, Capt [Joseph] Olney Commander — That at about Eleven o'Clock at Night of the same day they saw a Sail to Leward which they judged to be the Millford Man of War, after discovering said Sail they waited for the other two Brigs to come up with them, which they soon did and Spoke with each other. — That Captain Olney and Capt Harriden asked Capt Fisk what he thought of the Ship, Capt Fisk answered that he took her to be the Millford: Capt Fisk then asked Capt Olney what he thought of Engaging of her, he said with all his Heart; And they then Cleared Ship and had all hands to Quarters ready for Engaging, the Ship appearing to do the same, making false fires, and lights fore and Aft, it being then about twelve o'Clock at Night; That betwixt twelve and one o'Clock of the same Night, Capt Olney Spoke with them again, and asked Capt Fisk what he thought of her, Capt Fisk answered that he thought it was prudent to keep to Windward 'till Morning, and then Consult what was best to be done, upon which Capt Olney said he liked it well, and at the same time beged Capt Fisk not to leave him, Capt Fisk replied he'd be Dam'd if he would. That at day light the next Morning they discovered Capt Olney about a Mile and a half upon their Weather Quarter, the Wind then about South East, Capt Harriden was then about as far to Leward, and the Man of War to Leward of Capt Harriden — That at about Nine or ten o'Clock in the Morning Capt Harriden seeing both his Consorts to Windward hove his Main Top Sail aback, upon which Capt Fisk bore away and Spoke with him, (the Cabot still keeping her Wind: Capt Fisk asked Capt Harriden if he was ready to go down and take his breakfast, meaning if he was ready to go on board the Frigate, Capt Harriden answered with all his Heart. As the Cabot still kept to Windward, and the Wind heading of them, they thought it best to Tack to the Southward and Westward, likewise the Tyrannicide and Cabot Tacked, the Cabot still to Windward; the Frigate also Tacked at the same Time; In the afternoon of the same day it came on Thick and Rainy, when they lost Sight of the Cabot and Frigate for some time; That at about five o'Clock the Weather remaining Thick Capt Fisk arid Capt Harriden Tacked and stood to the Northward and Eastward, they could not then discover either the Cabot or Frigate, but Supposed The Cabot was to Wind­ward. — That at about Six o'Clock it Cleared off, when they Saw the Ship to Leward, soon after that Saw the Cabot about Nine Miles to Leward going large, and suppose she bore away in the Rain to get clear of the Ship, the Ship then seemed to bear a little after him to try to cut the Cabot off; the Wind then blowing hard and a large Sea going, they determined not to follow the Cabot as there was so great a Sea, which obliged them to House their Guns, their Decks being full of Water, and if they had come up they could not fight their Guns in such a Sea.

And These deponents further say that they never heard Capt Olney say he would go and take the first Broadside from the Ship or any thing to that purpose. — And they apprehend that in case the Cabot really intended to join the other two Brigs she might have done it after the Weather Cleared up without any danger from the Ship, And had the Cabot joined in such rough weather it would not have been possible to Engage the Ship

And these deponents further say that Capt Fisk appeared to be ready & willing to join with the other Brigs in Engaging the Ship, and never dis­covered the least backwardness — and further saith not. —

[Endorsed] State of Massachusetts Bay Augt 5th 1777 Lt John Lambert & Lt Mark Clark each of them personally appeared & made Solemn Oath to the truth of the foregoing deposition by them subscribed Before, Sam^l Holten Jus. Peace thro' the State.