At the Inferior Court of Common Pleas to be holden in Providence in and for the County of Providence on the third Monday in June AD 1778. 

Esek Hopkins of North Providence in the county of Providence late Commander in Chief of the Continental Fleet of War, complains of Richard Marvin¹ and Samuel Shaw² gentlemen alias mariners late officers on board the Continental Frigate Warren in the Custody of the Sheriff in an action of the case.

For that, whereas the Plaintiff being appointed by the Honorable the Continental Congress Commander in Chief of the Fleet fitted out by the American States for the protection thereof, the Defts³ together with Roger Haddock⁴ John Truman⁵ James Brewer⁶ John Grannis⁷ James Sellers⁸ George Stillman⁹ Barnabas Lothrop¹⁰ and John Reed¹¹ against whom also the Plff's¹² original writ issued, but they were not to be found averring the Plff in said Post and office did wickedly and maliciously conspire together in order to injure the Plff and did Wickedly maliciously and infamously prepare and present unto the Most Honorable The Continental Congress a false scandalous and wicked libel, whereby the Plffs good name and reputation was most vilely and scandalously abused traduced and Vilified and other false and scandalous matters the said conspirators did conspire to do against the Plff, Whereupon the Plff complaineth and saith, that from the time of his birth hitherto he was of good name fame and reputation and from his known honor probity honesty and abilities the most Honorable The Continental Congress did repose faith and Confidence in him by appointing him the Commander in Chief of the Continental Fleet of War, in which post he did continue to the interest emolument and advantage of the United States, and did continue to act and officiate in said Command to the best of his abilities and did give unto the said Honorable Congress good satisfaction as a Commander until the 19th day of February AD 1777 when the Defts together with the other consp[i]rators out of their envy and malice aforethought did on the day & year last mentioned at Providence aforesaid write and publish a certain false feigned & scandalous writing in the words following Viz.¹³ . . . by pretence of which said libel so written published and delivered to the most Honorable Congress, divers false rumors and scandals did arise and were had and the Plff. fell under great displeasure & distrust of the said honorable Congress and divers of the Good people of the United States, so that the Plff lost the favor and good opinion of the said Most Honorable the Continental Congress which before that time they had towards him and by means of the said base false and scandalous libel aforesaid the Plff was dismissed from his employment and office as aforesaid & hath been brought into disgrace. Whereupon the Plff saith he is worse and hath damage ten thousand pounds lawful money as laid in his writ dated the thirteenth day of January AD 1778. and thereupon he sues

by R J Helme, his attorney¹⁴

At Providence Inferior Court June term AD 1778 In the Case Esek Hopkins Plff vs Richard Marvin & Samuel Shaw Defts 

And the said Richard Marvin & Samuel Shaw come into Court and defend the force & injury when &cc and say that the Said Esek Hopkins ought not to have & maintain his said action against them Because they say, that they the said Richard & Samuel engaged on board said ship Warren, with an earnest desire & fond expectation of doing their country Service, and were anxious for the Weal of America, & wished nothing more earnestly than to see her in peace & prosperity—That they were ready to hazard every thing that was dear, and if necessary sacrifice their lives for the welfare of their country, that they the said Richard and Samuel were desirous of being active in defence of their Constitutional liberties & privileges against the unjust and cruel claims of tyranny & oppression. But that at the time said petition recited in the declaration of said Esek Hopkins was wrote and presented to the Said Marine Committee, matters were so circumstanced on board the said frigate there seemed to be no prospect of their being Serviceable in that Station; that they had then been in that condition a considerable space of time and were personally well acquainted with the real character and conduct of the Said Esek Hopkins; And that the Said Esek Hopkins, before the writing and presenting of said petition had been guilty of such crimes as rendered him quite unfit for the public department he occupied. And they the said Richard and Samuel together with the other persons named in the declaration of the Said Esek Hopkins, thereupon presented the said petition therein recited to the Said Marine Committee as it was lawful for them, sincerely and humbly petition the Said Honorable Marine Committee; that they would inquire into the conduct & character of Said Esek Hopkins. All which they are ready to verify Whereupon they pray judgment of the Said Esek Hopkins ought to have & maintain his Said action against them &c¹⁵

Richard Marvin
Samuel Shaw

And the said Esek Hopkins replied & saith that the aforesaid plea of the said Richard Marvin and Samuel Shaw is insufficient to preclude him the said Esek from his action aforesaid, for that notwithstanding any thing by them pleaded in said plea alledged the said Richard and Samuel with the others in said declaration did wickedly maliciously and infamously conspire together in order to injure the Plff as he in his declaration hath alledged and without any other cause whatever. And this he prays may be inquired into by the Country by

RJ Helme his Attorney

And the Defts likewise

W Channing¹⁶ pro Defts

We find for the Defendants and there cost.¹⁷

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I Joseph Olney¹⁸ of Providence in the county of Providence Esq. being summoned to appear before the court of Common Pleas June Term 1778 to give evidence in a cause before said court pending wherein Esek Hopkins Esq is Plaintiff & Samuel Shaw &c defendants, maketh Answer to the following questions which were asked him in open Cou[r]t Viz.

Question. Capt. Olney, are you acquainted with Esek Hopkins Esq. character as a public officer & a private gentleman, if so please to relate his character. 

Answer. When he commanded the fleet I always looked upon him as a commander always desirous to serve his country & in the fleet we looked upon him as a gentleman. 

Quest. How long have you been acquainted with Mr Hopkins and what time did you enter the Service on board the fleet which Commodore Hopkins commanded. 

Ans. I entered on board the fleet under his command at Philadelphia in December 1775 & remained there all the time he commanded it. My acquaintance with [him] has been from my youth up. 

Quest. Have you ever heard the conduct of Commodore Hopkins as commander of the fleet censured. 

A. I have heard his conduct blamed by Some in Philadelphia & in particular M^r Newman & Capt Shaw who left the fleet at New London 

Quest. Have you heard that the public in general censured the conduct of Commodore Hopkins, while he had the command of the fleet 

A. I have heard him censured but by them that I thought knew nothing of the affairs of the fleet. 

Qu. On board of what vessel was you an officer, and was you with the Said Esek Hopkins the whole of the time he had the command of the fleet 

A. I was Second Lieutenant on board the Columbus¹⁹ until he returned from Philadelphia, & then was appointed to the command of the Columbus until Januy 1776. 

Question. Did you ever hear Esek Hopkins Esq speak disrespectfully of the Congress or the Cause we are engaged in 

A. No. 

Joseph Olney
Providence Inferior Court. June Term AD 1778 
Sworn to in open court A Fenner J²⁰ Clk

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James Manning²¹ of Providence in the State of Rhode Island & Providence Plantations being called before the inferior Court of Common Pleas in Providence in the State aforesd to give evidence concerning the character of Esek Hopkins Esq late Commander of the fleet belonging to the United States of America being duly sworn was asked the following questions 

Q. How long have you been acquainted with Esek Hopkins Esq & what is his general character. 

Ans. From more than seven years intimate acquaintance with sd Esek Hopkins Esq, I have had the highest reason to esteem him a man of honor & respectable character amongst mankind & a zealous advocate for the Cause & liberty of his Country & disposed to serve it with his best abilities. 

Quest. Have you ever heard the conduct of the Said Esek Hopkins as commander of the fleet censured. 

Answer. I have heard many say that he ought to have gone out with the fleet, before the Enemy came to Newport, and others justified his bringing the Ships into the river,²² but whether they were qualified from personal knowledge of the State of the fleet, to form a judgment, I am not able to say. 

Quest. Are you acquainted with the conduct of the Said Esek Hopkins Esq while on board the fleet. 

Ans. No 

James Manning

Inferior Court June Term AD 1778. Sworn to in open court 

Witness A Fenner Jr Clk 

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Daniel Tillinghast of Providence in the county of Providence & State of Rode Island Esq Continental agent for said State being duly Summoned, appeared before the Inferior Court of common pleas holden in said Providence & made answer to the following interogatories which were all put to him in a case wherein Esek Hopkins is Plff. agst Richard Marvin et al Deft 

Quest. Are you acquainted with Commodore Hopkins & for how long, and what is his general character as an officer, Sea Man & gentleman in private life. 

Ans. I have been personally acquainted with Commodore Hopkins above 28 years & have always [blank] him to be an experienced officer & much of a gentleman in a private Character. 

Quest. Did Commodore Hopkins receive the wages & prize money belonging to the Seamen under his Command in the fleet. 

Ans. No. 

Quest. At the time the British fleet arrived in the river & at Newport was the fleet under the command of commodore Hopkins fitted for Sea. Were they after the arrival of s[aid] British fleet finished & a considerable sum of money expended on them

A. I having a personal knowledge of the Situation of the fleet at that time, know they could not proceed to Sea, and a considerable Sum of money was expended on the Ships after that fleet arrived. 

Quest. Did Commodore Hopkins ever call on you as Continental agent to pay off the seamen & make division of the prize money. 

Ans. He did & I paid as long as I had any money in my hands. Quest. Do you conceive the Conduct of Commodore Hopkins to be any way detrimental to manning said fleet. 

Ans. I did not. 

Quest. What number of men had they on board the Ship Warren & the other ships. 

Ans. To the best of my Knowledge about 110 and but few Seamen among them on board the Warren. On board the Providence about 100,²³ & the Columbus about 50, the Sloop Providence about 15—²⁴

Quest. Were you acquainted with the conduct of the Said Esek Hopkins when on board the fleet. Did you ever hear his conduct censured by the public 

Ans. As to his conduct while on board the fleet I never heard but he behaved as an experienced officer, nor was I on board to see his conduct. I have heard him censured often by people that I was sure did not know the situation of the fleet at that time 

Dan^l Tillinghast

Inferior Court June Term AD 1778. Sworn to in open court. 

Witness A Fenner Jr Clerk

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Ambrose Page²⁵ of Providence in the county of Providence Esq appearing before the Inferior Court of common pleas, to which court he was duly summoned to give his deposition in a certain case wherein Esek Hopkins Esq was Plff. against Richard Marvin et al Deft made answer to the following interogatories 

Quest. Are you acquainted with the character of Commodore Hopkins as an officer, seaman & a gentleman in private life, please to relate. 

Ans. I have known Capt Esek Hopkins Esq from his youth Until he commanded the American fleet, to my certain knowledge his character as an honest judicious commander ever has been esteemed amongst the gentlemen of this town. I have also known him in the W Indies on Several Voyages, where he was much respected by the merchants of my acquaintance, & I doubt not but every gentleman will allow him, a sincere friend in the cause of his Country 

Quest Did you ever hear the conduct of the Said Esek Hopkins Esq as Commander of the fleet, censured & by whom 

Ans. I do not particular remember, but Some of the then present council did not justify his not going to Sea on the expectation of the British fleet taking possession of Newport. 

Quest. Are you acquainted with the conduct of Esek Hopkins Esq while commander & on board the fleet 

Ans. No. 

Ambrose Page

Providence Inferior Court June Term AD 1778 Sworn to in open court 

Witness A Fenner J Clerk

Vide the other Side 

Quest. As you was one of the members of the upper house of Assembly²⁶ when commodore Hopkins requested the advice of the Commttee who acted in the recess of the General Assembly, what was to be done with the fleet under his command as the British fleet then a vast deal Superior in number & force were approaching what was the answer given by Commodore Hopkins. 

Ans. As near as I remember, was this. His orders was on his being fitted & manned to go on a Second expedition therefore could not proceed to Boston as we advised, but if he could take any measures to man his fleet; would immediately proceed to Sea

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. . . The deposition of Stephen Potter Esq duly sworn saith that he hath been acquainted with Commodore Hopkins &c that he the Said Hopkins hath borne the character of an honest Man as far as I ever Knew or heard, & I have been acquainted with him for near twenty years & I never heard him charged with any thing criminal that disqualified him in my opinion from Serving in any Station whatever. I have heard some persons fault him in some matters, that when they had done, I concluded they were not judges of; they were matters of his Staying in Providence river with the fleet. 

Stephen Potter

Providence Inferior Court June Term AD 1778 

Sworn in open Court 

Witness A Fenner Jr Clk