[Extract]
Depositions of Witnesses had and taken at the House of William Harward bearing the Sign of the Three Tons at Portsmouth in the County of Southhampton the sixth Day of May in the Year of our Lord one Thousand seven Hundred and seventy seven and in the seventeenth Year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth upon the several Interrogatories hereunto annexed by Virtue of His Majesty's Commission issuing out and under the Seal of His High Court of Admiralty of England bearing Date the first Day of June one Thousand seven Hundred and seventy six To the Mayor of Portsmouth for the Time being John Greenway Philip Vario Samuel Ballard and William Deacon Esquires Before Me John Greenway one of the said Commissioners upon the Oaths of the Witnesses in the Presence of George Binsteed Notary Publick. James Thompson of Boston in the Province of Massachusetts Bay in North America aged about Twenty seven Years being sworn and examined deposeth as followeth
1 To the first Interrogatory this Deponent saith That he was born at Springfield in the said Province of Massachusetts Bay ー That he now lives and has for about fourteen Years past lived when at home at Boston aforesaid ー That he always looked on himself as a Subject to the King of Great Britain till about a Year last past During which Time he has esteemed himself a Subject to the Persons stiling themselves the United States of America ー and that he has never been admitted a Burgher or Freeman of any City or Town.
2 To the second Interrogatory this Deponent saith That he was present on board of the Brigantine called the Rising States concerning which he is now examined when she was taken and seized and that the said Brigantine had a Commission of War from the Persons stiling themselves the Delegates of the said United States of America in Congress
3 To the Third Interrogatory this Deponent saith That the said Brigantine Rising States was taken and seized in the Bay of Biscay on the fifteenth Day of April last past about two o'Clock in the Afternoon That she was so seized on Account of her being an American Private Ship of War ー That the said Brigantine was brought into the Port of Portsmouth That she sailed under American Continental Colours ー That all the Resistance the said Brigantine made at the Time when she was taken was by endeavoring to escape and firing two Guns ー and that she was taken by His Majesty's Ship the Terrible commanded by Sir Richard Bickerton who fired several Guns at her during the Chace.
4 To the fourth Interrogatory this Deponent saith That he this Deponent was Captain or Commander of the said Brigantine Rising States when she was taken ー That he was appointed to the Command of the said Brigantine by Messrs William Davis Philip Moore Edward Cams and Mercer (who with this Deponent are joint Owners of her) who delivered the Possession of the said Brigantine to him this Deponent at Boston aforesaid ー That the said. Messrs Davis and Carns live at Boston the said Philip Moore lives at Philadelphia and the said Mercer at New York ー That this Deponent's fixed Place of Abode is at Boston ー That he is married and his Wife and Family reside with him there.
5 To the fifth Interrogatory this Deponent saith That the said Brigantine Rising States is of the Burthen of about two hundred and ten Tons ー That the Number of the Mariners (Officers included) on board her when she set sail on her last cruise was sixty one and when she was taken was only thirty nine ー That all on board her when she was taken were americans Except two, one of which was a Portuguese and the other this Deponents' Negro Slave ー That they all came on bpard at Boston aforesaid and Cape Cod vizt Thirty at Boston and Thirty one at Cape Cod ー And that they were all shipped and hired by this Deponent in the Month of February last.
6 To the sixth Interrogatory this Deponent saith That he was owner of a ninth Part or Share of the said Brigantine Rising States but that no other of the Officers or Mariners had any Part Share or Interest in her ー That he this Deponent was as aforesaid Captain or Commander of the said Brigantine at the Time she was seized and taken ー That he has known l).er about eight Months At which Time he first saw her at Boston aforesaid and that he has heard she was built at South Carolina.
7 To the seventh Interrogatory this Deponent saith That the Name of the said Brigantine is the Rising States ー That she hath been so called for about eight Months' now last past before which she was called the Annabella 2 ー That he doth not know of any other Name or Names by which she hath been called ー That she had not any Passport or Sea Brief on board except her Commission ー That the said Brigantine sailed from Cape Cod. on a Cruise and had not stopped at any Port before she was taken ー And that being a private Ship of War he this Deponent cannot further to this Interrogatory depose.
8 To the eighth Interrogatory this Deponent saith That the said Brigantine being a private Ship of War he this Deponent cannot to this Interrogatory depose.
9 To the ninth Interrogatory this Deponent saith That the aforesaid Messrs Davis Moore Carns and Mercer and this Deponent were the Owners of the said Brig Rising States at the Time when she was seized ー That he knows they were Owners of the said Brigantine by their being concerned jointly with this Deponent in the Buying of her and fitting her out ー That he believes the said Messrs Davis Moore Carns and Mercer are North Americans by Birth and that they esteem themselves Subjects to the said Persons stiling themselves the united States of America ー That the said Messrs Davis and Carns reside at Boston aforesaid the said Mr Moore at Philadelphia aforesaid and the said Mr Mercer at New York aforesaid with their respective Wives and Families.
16 To the sixteenth Interrogatory this Deponent saith That none of the Papers or other Writings which were on board the said Brigantine at the Time she took her Departure from Cape Cod were burnt torn thrown overboard destroyed or cancelled concealed or attempted to be concealed.
17 To the seventeenth Interrogatory this Deponent saith That the said Brigantine was as he has heard taken as Prize about the Month of September last past by six American Privateers ー That she was carried into the Port of Boston and in the Court of Vice Admiralty there condemned as Prize of War.
18 To the eighteenth Interrogatory this Deponent saith That he hath sustained a Loss by the Seizing and taking the said Brigantine Rising States of his Part or Share of her to the Amount or Value of nine hundred Pounds Sterling For which Damage or any Part thereof he hath not received or been promised any Indemnity or Satisfaction whatsoever.
19 To the nineteenth Interrogatory this Deponent saith That the said Brigantine was not insured to his Knowledge.
