Nova Scotia Court of Vice Admiralty
James Hawker Esqr Commander of his Majesty's Ship of War the Mermaid, VS the Brigantine Charles, & her Cargo, Jefferey Tapley Master. —
31st May 1777
Libell filed, & entred, Order made thereon, as on file
Register's Office June 3d 1777 —
Peter Martin Midshipman on Board his Majestys ship of War the Mermaid, being duly sworne Deposeth that some time in May last, being then to the southward, of Port Rosaway on the Coast of Nova Scotia, the said Ship Mermaid fell in with, the Brigantine Charles one Jefferey Tapley Master, which Brig they Boarded and found she was in the, Possession of the Rebells who were proceeding with her, to the first Port, they coud make, in the Rebel lious Colonies, that Capt Hawker, took Possession of her, took out the Rebells, & mann'd her with, his own, People, & sent her into this Port where she now is
Peter Martin
Sworne before me Charles Morris junr Regr
Jefferey Tapley Master of the Brig Charles, being duly Sworne deposeth, that on the 11th day of May last, being at Anchor on the Banks of Newfoundland, a Privateer Schooner, calld, the Lee, John Skimmer Master, mounting 10 Carriage Gunns, & 18 Swivells, & 4 Cohorns, took the said Brig and, took out of her, 10 Men, and, then mann'd her with the Rebells, and shap'd their Course, for Boston in New Englan'd, that on the 23d day of May, they, fell in with, the Mermaid Man of War, who retook the said Brig and, brought, her safe into, this, Port of Halifax — 2
Jefferey Tapley
Sworne before me Charles Morris junr Regr —
Monday 4th June
Claim of the Brigantine Charles file'd & entre'd as on file Agreeable to the order of Court, a Warrant of Survey, & Appraisement issue'd as on file
Friday 6th June, 1777
Court open'd by makeing Proclamation as usual Court open'd by makeing Proclamation as usual Libell, order, & return, thereon rea'd Claim of Mr Elliott Elmes for and in behalf of the owners insurers, & all Concernd rea'd The, Warrant of, Survey, & return thereon rea'd — The Depositions taken, before, the Register also read — The Advocate, Genl then, mov'd, for a Decree which was Pronounce'd as on file Court adjourn'd without Day —
1. N.S. Arch., vol. 495, Vice Admiralty Register, vol. 5, 1769-1777, 530-31.
2. Lee was the last of Washington's armed schooners still in commission. The prize crew, William Hooper, prize master, Richard Pendrick, John Patsey, and Samuel Hicks, was sent to the prison ship in Halifax harbor on June 16, 1777, Muster roll, H.M.S. Mermaid, PRO, Admiralty 36/7761.