Georgia in North America }

Before me Archibald Bullock, Esquire, ー President and Commander in Chief of the Province aforesaid, personally came and appeared Thomas Tallemach and James Jones, of the Parish of Christ Church in the Province of Georgia aforesaid Gentlemen, who being severally sworn upon the Holy Evangelists of Almighty God do declare and say jointly and severally that they these deponents have and each of them hath for a long time past acted as Clerks to the before named Edward Telfair & Co, and that they were present when the Inventory herein before particularly taken was had and made and assisted in the doing thereof; and these Deponents know and in their Conscience believe the same to be a true Inventory of the Goods, Wares and Merchandize remaining in the Stores of the said Edward Telfair & Co in Savannah on the first day of January last past (the same Inventory being made out and taken in the manner and form accustomed amongst Merchants in the province aforesaid) And these deponents further say that they ever since continued and still are Clerks to the said House and being always present in conducting the Business thereof they are well acquainted with every transaction respecting. the same and regular Books being at all times kept, these Deponents can form a very good Judgment of every thing continuing on hand in the said Store at any time, And these Deponents further jointly and [severally depose and say] that on or about the 23d day of February last past several Reports prevailing in the province aforesaid and amongst the Inhabitants thereof, particularly in the Town of Savannah afm;esaid that several of his Majesty's Ships had arrived in the Port of Cockspur fn the Province aforesaid, having on board Soldiers and Marines whose destination was supposed to be for the Town of Savannah aforesaid, in order as it was said to take and keep possession of the same from the Inhabitants thereof and in consequence of which several Resolutions had been made and other matters talked of in the said Town as induced the said Edward Telfair & Co. as the Deponents conceive it would any other persons in their Situation to look out and secure as far as lay in their power the Goods Wares and Merchandize continuing in their Stores at that time and accordingly these Deponents did with the Assistance of some of the Copartners in the said House pack up a great Quantity of the Goods Wares and Merchandize mentioned in the Inventory aforesaid in several Trunks Barrels and Boxes, and it being publickly talk'd of that in case his Majesty's Troops should Land or endeavour to do so in the Town of Savannah, the same was to be set on fire and destroyed, the said Goods Wares and Merchandize so packed up as aforesaid were put on board Two Schooners the property of and belonging to the said Edward Telfair & Co for the purpose only and in order to secure the said Goods Wares & Merchandize from Fire or any other accident that might happen in the Confusion that would almost unavoidably ensue should any attempt be made upon the said Town of an hostile nature and for no other purpose or occasion whatsoever, that the Vessels, having on board the said Goods Wares and Merchandize were Schooners using the Inland Coasting business only, and not either of them Vessels trading coming from, trading or going to trade in any part, port, or place, on the Continent of America; that the Masters of the said Schooners in order to secure the property placed on board them aforesaid, agreeable to their orders dropped and went a small distance from the Wharves of Savannah aforesaid, where they continued for some [blotted] about Saturday the second day of March last past several armed Vessels appeared under Sail to be proceeding round an Island lying opposite the Town of Savannah called Hutchinson's Island for what purpose these Deponents knew not, but the Deponent James Jones says that he being on board one of the said Schooners in Sunday Morning the third day of March following one Captain Craik . came along side and acquainted the Master of the said Schooner that it was Commodore Barclay's Orders that they should proceed up the River whenever the Tide of Flood made, they moved and soon after grounded, that in the Evening the Ship Inverness with some other Vessels appeared to be on Fire and in Flames, and such of the Vessels lying in the harbour as could conveniently get out of their way did so to be secure from the flames, that the said Schooners afterwards got on float, and one of the Masters of them went on board the ship Marlborough to enquire of Captain Barclay Commander of his Majesty's Ship Scarborough, who this Deponent and the said Master understood to be, and was then, Commanding in chief, as Commodore, what was the Occasion of his Orders, and the said Master when he returned acquainted this deponent the said James Jones that Captain Barclay had ordered him to proceed down to Cockspur by the way of the back river, that on the Tuesday morning following the said Schooners with several other Vessels proceeded round to the Back River and continued down to Cockspur, near the Mouth of the River Savannah where the Deponent James Jones expected they with the Schooners as also the other Vessels that had gone down in the same manner and the Effects on board the same would have been discharged and placed at liberty to go, which way was agreeable, expecting that Captain Barclay's only inducement was to get them into a place of Security, and then permit them to depart, as the proprietors pleased; but the Deponent James Jones says, that after he was down at Cockspur a Message came for the Master of the said Schooner to wait on Captain Barclay on board the Scarborough ship of War, who going agreeable to such Message at his return acquainted the Deponent James Jones that Captain Barclay had desired him to give in as near as possible an Estimate of what was on board; that some time afterwards the said Schooner Esther having on board the Goods Wares and Merchandize aforesaid were by the [blotted] the said Captain Barclay brought alongside of the Prize Ship called the Rittenhouse, and all the Packages of the [said] Goods were taken out of the said Schooner and put on board of the Prize Ship aforesaid, That these Deponents Thomas Tollemach & James Jones have severally carefully examined the Books and Accounts of the Goods Wares & Merchandize sold and disposed of put of the Store of the said Edward Telfair & Co and on consideration of what was placed and put on board the Schooners aforesaid, as a Security from the Accidents before mentioned [one line obliterated] these deponents jointly say, declare and swear and in their consciences believe that the said Goods Wares and Merchandize taken and detained by Captain Barclay, being on board the Schooners aforesaid, and since by his orders carried away amount in the whole to fourteen Hundred and fifty Pounds, thirteen Shillings and seven pence Sterling Money of Great Britain, the Prime Cost thereof; and these Deponents are well assured the same would upon a reasonable advance, agreeable to the Prices Goods are now sold in the province aforesaid sell for and be reasonably worth an Advance of one hundred Pounds on every hundred Pounds prime Costs, so that the Advance upon the whole would be equal to another Sum of fourteen Hundred and fifty Pounds thirtee,n shillings and seven pence, lawful Money of Georgia, exclusive of the prime Cost aforesaid; and these Deponents further say that the said two Schooners they are well acquainted with, and verily in their consciences believe the same are worth with their rigging and apparel Three hundred and fifty Pounds lawful Money of Georgia, so that upon the whole These Deponents jointly and severally in their Consciences believe the said Edward Telfair & Co by the detention and loss of the Goods Wares and Merchandize and the two Schooners will sustain at least a damage of three thousand Two hundred and fifty one pounds 7/2, lawful Money of Georgia, which they conceive may be wholly attributed to the unjustifiable unlawful and unwarrantable proceedings of the said Captain Barclay, which they think, considering his Conduct in Justice and [illegible] could be made liable to the same, lastly the Deponent James Jones says, that no Application was ever made to his Knowledge for the said Captain Barclay to take the Schooners, or the Merchandize aforesaid, under his protection or Care.

Sworn this 1st day of May 1776 before me Archd Bullock } Thomas Tallemach James Jones.