Thomas Rutenbourgh Libellant vs Schooner Frank &c

Decr 16. .1776 adjourned to Decemr 31: 1776 —

Decemr. 31: The Court is in being according to Adjournment.—The said Schooner her Appurtenanc[e]s and Cargo having been captured on the high Seas and brought into the Port of Providence and Libelled in this Court, and public Notice thereof having been given in the News Papers according to law for the Owner or Owners of the said Schooner her Appurtenanc[e]s and Cargo or any Person or persons concerned therein to appear in this Court and shew Cause if any they have why the same should not be condemned: And thereupon Mary Alsop of Middleton in the County of Hartford in the State of Connecticutt Administrat[r]ix of all and singular the Goods and Chattels Rights and Credits which wereof Richard Alsop Esquire deceased and Sylvanus Waterman of Chatham in said County of Hartford Mariner, by Henry Marchant Esqr as their Attor[ney] came into Court and Claimed the said Schooner her Appurtenances together with Seventy Two Casks of dry Fish Twenty nine Quintals of Fish and Five Barrels of Herrings as their Property, they the said Mary and Sylvanus being Good Subjects of the united States of America. wher[e]upon John Cole Esqr as Proctor for the Libellant now proceeded and adduced all the Pleas Allegations and Prooffs in Support of the Facts alledged in the Libel; And the said Henry Marchant as Attorney to the Claiments also adduced all the Pleas allegations and Proofs relative to the said Claim, and the whole being fully heard and committed to the Jury duly impanneled and sworn to try the Truth of the Facts alledged in the said Bill and to Return a true Verdict thereof according to Law and Evidence whereupon they the said Jurors return their Verdict in the following Words "We find that the Schooner Frank and her Cargo at the Time of Capture by the private Sloop of War called the Montgomery were the Property of Mary Alsop as Administratix of the Estate of Richard Alsop deceased, and the property of Sylvan us Waterman, as set forth in their Claim." — which Verdict is now read and accepted, and thereupon the said Schooner Frank her Appurtenances and Cargo are acquited and ordered to be restored and delivered up to the said Mary and Sylvanus the Claimants. —

Decree —

I John Foster Esqr Judge of the Court aforesd having heard Read in open Court, a Bill or Information exhibited by Thomas Rutenburgh of Providence in said State Commander of the private Sloop of War called the Montgomery of the Port of Providence duly Commissioned agreable to the orders of the Honble the Continental Congress to Cruise against the Enemies of the united States of America in Behalf of himself the Owners of and the Officers & Men belonging to the said Sloop of War, seting forth, "that on the Twenty Ninth Day of October AD: 1776, he the said Thomas together with his said Officers and men belonging to the said Sloop of War 'being upon the High Seas, and on a Cruise against the said Enemies, Captured and took the Schooner Frank Commanded by one Sylvan us Waterman together with her Cargo consisting of Ninety One Casks of dry Fish about Forty Quintals of Ditto in Bulk Eleven Tierces and Five Barrels of Oyle and Five Barrels of Herrings bound from the Port of Ferryland in the Island of Newfoundland to the Island of Jamaica in the West Indies, and that the said Schooner with her Appurtenances and Cargo at and before the Time of Capture belonged to and were the Property of some of the Subjects of the King of Great Britain whose Fleets and Armies are now acting in an hostile manner against the aforesd united States of America, other than the Inhabitants of Bermuda or New Providence or the Bahamma Islands; And that he the said Thomas had sent the said Schooner with her Appurtenances and Cargo into the Port of said Providence for Adjudication, praying that such proper Process and Monitions might be granted as in such Cases are Required by Law." And public Notice having been given for the Owner or Owners of the said Schooner Frank her Appurtenances and Cargo, or any person or Persons concerned therein to appear in this Court and shew Cause, if any they have why the same should not be condemned. Whereupon Mary Alsop of Middle Town in the County of Hartford and State of Connecticut widow and Administratix of all and Singular the Goods and Chattels Rights and Credits of Richard Alsop late of said Middletown Esqr deceased and Sylvanus Waterman of Chatham in said County of Hartford Mariner exhibited their Claim setting forth that the said Schooner Frank with her Appurtenances and Cargo at and before the Time of said Capture were the property of and belonged to the Inhabitants of and the good Subjects of the united States of America and were designed for the Use Benefit and Support of the good Subjects of the united States aforesaid; That is to say the aforesaid Schooner with her Tackle Apparel and Appurtenances together with Seventy Two Casks of dry Fish and Twenty Nine Quintals of Fish and Five Barrels of Herrings were at the Time aforesaid the Property of the said Mary as Administratix as aforesd and the remaining Part of the Cargo aforesd at said Time the Property of the said Sylvanus Waterman and the Mariners on board the said Schooner who were the Good Subjects of the States aforesaid, and that not any part of the said Schooner or her Cargo were the Property of any of the Subjects of the King of Great Britain neither was the aforesaid schooner in the Employ or Service of the Enemies of the united States neither was the Cargo of the said Schooner designed to Supply the Fleet or Armies of the King of Great Britain or any of the Enemies of the united States but was for the Advantage and Benefit of the good Subjects of the united States of America, and this the said Mary and Sylvanus prayed might be inquired into by the Country." Whereupon John Cole Esqr as Proctor for the said Thomas & the Libellants, now proceeded and adduced all the Pleas Allegations and Proofs relative to the Truth and Justice of the said Capture and other Facts alledged in the said Bill, after which in Reply Henry Marchant Esqr as Proctor for the said Mary and Sylvanus proceeded and adduced all the Pleas Allegations and Evidences in Support of their said Claim and the Matters alledged therein, and after a full hearing the whole was committed to the Jury impaneled according to Law and sworn to try the Truth of the Facts alledged in the said Bill and to return a true Verdict thereon according to Law and Evidence -And thereupon they the said Jurors Return their Verdict in the following Words. — ["]We find That the Schooner Frank and her Cargo at the Time of Capture by the private Sloop of War called the Montgomery were the Property of Mary Alsop as Administratix of the Estate of Richard Alsop Deceased, and the Property of Sylvanus Waterman as set forth in their Claim." — which Verdict being read accepted and Recorded, I do thereupon adjudge and decree that the said Schooner Frank her Appurtenances and Cargo be and the same are hereby acquited and dischargd from the Process upon the Bill aforesaid, and hereby order that the same be forthwith delivered up and restored to the said Mary and Sylvanus the Claimants. —

The Libellants by John Cole Esqr their Proctor prayed an Appeal from the aforesd Decree to the Honble the Continental Congress, which is granted upon their Giving Bond according to Law. ²