Present
The Honbl John Foster Esqr Judge
John Cole Esqr Advocate
Theodore Foster Esqr Clerk

Stanton & Noyes Libellants
vs
Schooner Two Brothers &c

The said Schooner her Appurtenances and Cargo having been Stranded on the Beach or Shore of the Town of Westerly as set forth in the Libels is brought upon Trial ー The said Schooner her Appurtenances and Cargo was first Libelled by Joseph Stanton Esq Col of Regiment raised in the State of Rhode Island and Providence Plantations for the Defence of said State and the other United States of America and Joseph Noyes Esq Col of the First Regiment of Militia in the County of Kings County in Behalf of themselves and Divers other Officers and Soldiers ー Which Libel aforesaid was filed and allowed by the Judge on the 11th Day of February AD. 1777 ー and on the 12th Day of February 1777 another Libel was filed against the said Schooner her Appurtenances and Cargo by Samuel Champlin Mariner and Commander of the Private Sloop of War [American Revenue]

Decree vs Schooner Two Brothers and Cargo. ー

At &c ー as before ー

I John Foster Esqr Judge of the Court aforesaid having had filled before me, and having now heard read in open Court a Bill or Information exhibited by .Joseph Stanton Esqr Col of a Regiment raised in the State of Rhode Island and Providence Plantations for the Defence of said State and the other united States of America and Joseph Noyes Esqr Col. of the first Regiment of Militia for the County of Kings County in said State ー setting forth that on the Third Day of February AD: 1777 being on their Duty in the Town of Westerly in said County together with divers other Officers and Soldiers under their Command upon the Beach near to the Shore of said Town of Westerly they Captured and took the Schooner Two Brothers with her Appurtenances commanded by one John Salter together with her Cargo consisting of sundry Sorts of Provisions bound from the Port of Cork in the Kingdom of Ireland subject to the King of Great Britain to some of the Islands in the West Indies subject to said King, and which said Schooner her Appurtenances and Cargo at the Time of Capture were the Property of and belonged to some of the Inhabitants of the Kingdom of Ireland Subject to the King of Great Britain and that they the Libellants had brought the Appurtenances and Cargo belonging to the said Schooner into said Town of Westerly within the Jurisdiction of this Court the said Schooner being stranded on the Beach aforesaid, and that said Cargo and Appurtenances, for the Causes aforesd by the Laws of said State and the Resolves of the Honble the Continental Congress are Lawful Prize to them the said Captors to be divided among them agreeable to said Laws and Resolves: And therefore they prayed Proper Process to be issued and had thereon: And I having also had filed before me and now read in open Court Another Bill or Information exhibited by Samuel Champlin Commander of the private Sloop of War called the American Revenue of the Port of New London in the State of Connecticutt duly Commissioned agreable to the Resolutions of the Honble the Continental Congress to Cruise against the Enemies of the united States of America for and in Behalf of himself . the Owners of and the Officers and men belonging to the said Sloop of War, seting forth and alledging that on or about the Third Day of January AD: 1777 the said Samuel together with his said Officers and men belonging to and on board of the said Sloop of War being on a Cruise against the said Enemies upon the High Seas captured and took the Schooner Two Brothers with her Appurtenances then commanded by One John Salter bound from the Port of Cork in the Kingdom of Ireland to the Island of Jamaica in the West Indies together with the Cargo on board the said_ Schooner consisting of about Eight Hundred and Eleven Firkins of Butter Five Hundred and Fifty Pounds weight of Butter and Cheese Fifteen Firkins One Hundred Forty Two Barrels and One Hundred and Thirty Four half Barrels of Beef Thirty One Barrels and Ten half Barrels of Pork, One Barrel and Twelve half Barrels containing Twenty Two Dozen Neats Tongues, Fifteen Tierces and Twenty Keggs of Pickled Salmon Nine Casks of Oates Fifty Seven Casks of Bread, also Twenty Hundred Pounds weight of Bread One Hundred and Thirty Five Casks of Flour Sixty Barrels of Herrings Twenty Barrels of Salt, &c, which said Schooner her Appurtenances and Cargo before and at the Time of Capture were the Property of and belonged to some of the Inhabitants of the said Kingdom of Ireland Subjects to the King of Great Britain; and that they the Libellants had bro't the said Schooner her Appurtenances and Cargo into the Town of Westerly in the State of Rhode Island & Providence Plantations within the Jurisdiction of this Court for Adjudication the said Schooner being stranded on the Beech within said Town. They further say that the said Schooner her Appurtenances and Cargo for the Causes aforesd by the Laws of said last mentioned State and by the Resolves of said Congress are Lawful Prize to them the said Captors to be shared among them according to said Laws and Resolves: And therefore they prayed that proper Process might be issued and had thereon ー

And publick Notice having been given in the News Papers of this State for the Owner or Owners of the said Schooner Two Brothers her Appurtenances and Cargo, or any person or persons concerned therein to appear and shew Cause if any they have why the said Schooner her Appurtenances and Cargo should not be condemned, and no Person appearing to claim the same or to shew Cause &c, thereupon John Cole & Henry Marchant Esqrs as Proctors for the said Joseph Stanton &c upon the first Libel, and Rowse Helme Esqr as Proctor for the said Samuel Champlin &c, upon the second Libel now proceed and adduce all their several Pleas Allegations and Several Evidences in support of the Facts alledged in Each Libel, and after a full hearing the whole is committed to the Jury legally impaneled and sworn to try the Truth of the Facts alledged in both Libels aforesaid and to return a true Verdict thereon according to Laws and Evidence. Thereupon they the said Jurors Returned their Verdict in the following Words. "We find that Samuel Champlin Mariner was Commander of the private Sloop of War called the American Revenue, which said Sloop was duly authorized and commissioned by the Honble the Continental Congress to Cruise against and Capture the Ships and Vessels belonging to the Subjects of the King of Great Britain. That on the Third Day of January AD: 1777 the said Samuel Champlin in the Sloop aforesd being upon a Cruise upon the High Seas Captured and took the aforesd Schooner Two Brothers with her Appurtenances and Cargo which said Schooner Appurtenances and Cargo, were at the Time of Capture the Property of and belonged to some of the Inhabitants of the Kingdom of Ireland Subjects of the King of Great Britain. That the said Champlin Put on board the said Schooner a Prize Master and Seven Men to Navigate and conduct her into some Port in the united States for Adjudication. That on the Third Day of February AD: 1777 the said Schooner being chased by a British Ship of War, ran in for the Town of Westerly and ran the said Schooner on Shore. That the Prize Master and men on board said Schooner brought a Warp from said Schooner and made it fast to a Swivel Gun and an Iron Barr stuck into the Ground upon Westerly Shore. That the Prize Master and men then began to unlade said Vessel and took out about Sixty Firkins of Butter, the mens Chests &c when the British Ship of War approached so near and Fired so heavily upon said Schooner, that obliged the Persons on board to leave said Schooner in the Condition before mentioned. That a Number of Persons with Two Pieces of Cannon, sent by this State for the Defence of the Town of Westerly &c came down to the Beech, Col. Stanton and Col. Noyes being of the Number. That the Cannon were played upon the Ship of War. That a Barge with Twelve unarmed men came from the British Ship aforesd and boarded said Schooner, and being unable to get her off, set her on Fire and then left her. ー That soon after, a Number of Persons from the Shore went on board and Extinguished the Fire. That during the Time of Action the Prize Master and men on Shore were assisting in defence of the Schooner aforesd, all which the said Jurors Submitted &c." which Verdict being now read accepted, and Recorded I the said Judge do thereupon adjudge and decree that the said Schooner her Appurtenances and Cargo are by Law forfeited as Lawful Prize to the Owners of and the Officers and Men belonging to the said Sloop of War called the American Revenue and hereby declare that the same are condemned for that Purpose; And I order that the said Schooner her Appurtenances and Cargo be sold by the Sheriff of said County of Kings County or other proper Officer, at Public Vendue to the highest Bidder or Bidders as soon as may be the said Officer first giving Public and sutable Notice of the Time and Place of Sale. And that out of the Monies arising from the Sale the said Officer first pay to the Clerk of this Court, the Amount of the Costs and Charges of the Prosecution Trial and Condemnation of the said Schooner her Appurtenances and Cargo, by the said Clerk to be distributed and paid to the several Officers of this Court and others to whom the same belongs; And also that the said Officer, pay out of said Monies, to the Seamen and Mariners who were taken in the sa.id Schooner, the Wages due to them at the Time of Capture; And that the said Officer deduct and retain out of said Monies his own Fees for Sale as aforesd; And all the Remainder of said Monies after deducting and paying said Costs Charges Wages and Fees I hereby order to be delivered and paid to the Owners of, and the Officers and men belonging to the said Sloop of War called the American Revenue to be shared among them according to such Rules and Proportions as they by their Articles have agreed on.²

John Foster Judge of said Court