State of Massachusetts Bay
Plymouth ss.

At the Superior Court of Judicature Court of Assize and General Goal Delivery begun & held at Plymouth within and for the County of Plymouth on the third Tuesday of May (being the 20th day of said Month) Anno Domini 1777. —

Isaac Jones for himself & others Claimants Appellants vs Adam Babcock Libellant Appellee from the Judgment & Decree of a Maritime Court held at Plymouth for the Counties of Plymouth Bristol, Barnstable Nantuckett & Dukes County by the Honble Nathan Cushing Esqr Judge of said Court on the 14th [sic 17th] day of January A.D. Seventeen hundred and Seventy Seven when and where the said Isaac Jones & others Appellants were Claimants of the Brigantine Call'd the Countess of Eglinton &c and the Appellee was Libellant of the Same in behalf of William Dennis & others as is at large Set forth in the Decree of the Same Court, here on file at which Said Maritime Court Judgment was rendered that the said Brigantine call'd the Countess of Eglinton with her tackle, apparrel and furniture & the goods Wares, and Merchandize found on board her at the time of her Capture aforesaid be condemned as Prize & Sold at Public Vendue, and that the Money thence arising (after deducting the Charges of tryal & Condemnation as also the Wages of Such Seamen & Mariners as were taken on board said Brigantine to this Day) be deliver'd to the Captors of said Brigantine their Agents or Attorneys, for the Use & benefit of the Captors and others concern'd therein ー from which Decree the Claimants appeal'd to this Court and now the Partys appear and the Case after a full hearing was committed to a Jury Sworn according to Law to Try the Same, who return'd their Verdict therein upon Oath, that is to Say, they find that the Brigantine Countess of Eglinton at the time of her Capture was a Merchant Vessel, and that she together with her Cargo & appurtenances then were the Property of Some of the Subjects of the King of Great Britain (other than the Inhabitants of Bermuda's & New Providence or Bahama Islands) and that She was Jointly Captured by William Dennis Commander of the Armed Sloop America his Marines & Mariner[s] on board the Same Sloop, & Isaac Jones commander of the Armed Sloop Retaliation his Marines and Mariners on board the Same Sloop, And the Jury thereupon find & determine that Six Seventh parts of said Brigantine her Cargo & Appurtenances shall be to the Use of the Libellants and the remaining Seventh part to the Use of the Claimants; It is therefore Considered by the Court that the said Brigantine Countess of Eglinton her Cargo and Appurtenances be and hereby are Condemned and that Six Seventh parts thereof, shall be to the Use of the Libellants and the remaining Seventh part to the Use of the Claimants.

The said Isaac Jones for himself and others Claimants claimed an Appeal from this Judgment to the Congress of the United States of America but it was not granted ー ²

A True Copy from Record

[Endorsed by Cushing on verso] This Case Contains Twenty Seven Papers