The Deposition of Foster McConnell of the said Island of Dominica Merchant

This Deponent being duly Sworn upon the Holy Evangelists of Almighty God, deposeth and saith That in the Month of December now last past and which was in the Year of Our Lord One thousand Seven hundred and seventy six he the Deponent went from the said Island of Dominica to the Island of Saint Eustatius, upon the Subject of the Capture of a Brigantine called the May whereof one William Taylor was Master and her Cargo taken and seized by an Armed Sloop named the Baltimore Hero whereof one Ezekiel John Dorsey appeared or acted as Master on the Twenty first Day of November now last past, the said Brigantine and her Cargo at the Time of such Capture being owned by this Deponent in Partnership with his Brother Bendal McConnell and Messrs Benson and Postlewaite of Liverpool Merchants and Mr William Brown of Cork Merchant who are Subjects in Allegiance to His Majesty and under his Protection and being then bound to Saint Eustatius And on this Deponents arrival at Saint Eustatius he was informed by Governor DeGraaff the Governor of the said Island of Saint Eustatius, in the Presence of some of the Members of the Council of that Island That he the said Governor DeGraaff had seen the Capture of the Brig (meaning the Brigantine called the May whereof the said William Taylor was Master) by the American Privateer (meaning the said privateer or armed Sloop the Baltimore Hero whereof the said Ezekiel John Dorsey was Master) And that he the Governor also viewed the whole Transaction and stood looking at it for sometime And he also told the said Deponent that the Privateer was in his Port some time after the Capture of the said Brig was made And that he Governor DeGraaff has taken the Deposition of the Master or Captain of the said Privateer relative to the Capture of the said Brigantine And this Deponent further saith That the Capture afresaid from its being made so near to the Island of Saint Eustatius by His Majesty's Rebellious Subjects or Persons supposed to be Authorized by them made much noise in the said Island, as it was conceived to be the Governor's duty to interfere and compell the Captors to restore the Brigantine and her Cargo to the Proprietors thereof and when an Enquiry was made by Governor DeGraaff and the Council of Saint Eustatius in consequence of Letters from Vice Admiral Young and the Commander in Chief of the Leward Islands and partly on this Deponents Application relative to the Ownership of the said Privateer or armed Vessel and the Capture made by her of the said Brig May and Cargo, upon the first Evidence being sworn the Deponent being present thought himself intitled inpoint of Justice to ask and accordingly he did ask the Evidence some Questions when the said Governor DeGraaff told the Deponent to take Care what he was about for that he the Deponent was not at Liberty to ask what Questions he pleased and at the same time the Governor addressed himself to the Deponent and sayed Sir, You must take care how you accuse Mr Vanbibbee [Abraham Van Bebber] (meaning Mr Vanbibbee at that time a Merchant in Saint Eustatius and suspected to have been concerned in fitting out and arming the said Vessel called the Baltimore Hero) for if you accuse him it may be of serious Consequence to you, upon which the Deponent apprehending Danger from the Governors Threats gave himself no further Trouble about the Matter of Enquiry as to the Ownership of the said Privateer or armed Vessel the Baltimore Hero And this Deponent saith he afterwards heard and saw several other Persons called in and a few Questions asked them the particulars of which was reduced into Writing And this Deponent further saith That Mr Vanbibbee was also called up and Governor DeGraaff told the said Vanbibbee the report that was circulated of his being the Owner & fitter out of the said Privateer or armed Vessel the Baltimore Hero upon which the said Varrbibbee declared that he only supplied a Man in the said Privateer with Fifty Johannes's and a Case of Gin And that upon the second day's Enquiry as aforesaid the said Vanbibbee was called upon to declare on Oath what he had sayed the Day before when the said Vanbibbee refused and would not declare on Oath what he had sayed the Day before And sayed the Law did not force a Man to Swear when he was accused That Governor DeGraaff told the said Vanbibbee his refusing to Swear what he has declared the Day before would cause a greater Suspicion against him than ever And that he the said Vanbibbee still persisted in refusing on which the Deponent was desired to quit the Room, in which the Examinations were taking, and afterwards the Deponent learnt that some Alterations were made in the Questions proposed to Mr Varrbibbee and that he then swore to his Answer to such altered Questions But this Deponent saith although it was generally reported and believed in Saint Eustatius that the said Mr Vanbibbee was an Owner and concerned in fitting out the said Piratical armed Vessel the Baltimore Hero with an Intent to injure and distress His Majesty's good and loyal Subjects Yet this Deponent was not able notwithstanding the Letters and Representations from Vice Admiral Young and The Honorable Craister Greatheed the Commander in Chief of the Leward Islands to obtain any the least Satisfaction from Governor DeGraaff for the illegal and Piratical Capture of the said Brigantine May and her Cargo, whereby this Deponent is apprehensive unless he can obtain Justice by some other Means, he and the rest of the Owners will entirely loose their Property.

Sworn before Me and Certifyed under my hand and Seal this Tenth day of January One thousand Seven hundred and Seventy seven

(L: S:) Signed T Wilson C. J.

[Endorsed] The Deposition of Foster McConnell, relative to the piratical Capture of the Brige May, whereof Wm Taylor was Master, by the Armed Sloop Baltimore Hero, whereof one Ezekial John Dorsey acted as Master. In Presidt Greatheads of 31st Jany 1777.