Depositions of Witnesses had and taken at the Mill Prison within the Borough of Plymouth in the County of Devon the Thirtieth day of September 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 And in the Year of our Lord One Thousand, Seven hundred and Seventy Seven before me Henry Tolcher junior Esquire one of the Commissioners named and appointed in and by a certain Commission to, me and others directed jointly and severally bearing date the first day of June One Thousand Seven hundred and seventy Six issued out of and under the great Seal of his Majesty's high Court of Admiralty of England to the several standing and additional Interrogatories annexed to the said Commission Copies of which are hereunto annexed (upon the Oaths of Witnesses hereinafter named, in the presence of me Samuel Champion Notary Publick the Actuary substituted herein) —

Henry Johnson of Boston within the Province of Massachusets bay in America aged about Thirty two years late Captain or Commander of an American Brig Privateer called the Lexington of and belonging to Balti­more in Maryland deposeth and saith to the standing Interrogatories as follows (that is to say). —

1st — To the First Interrogatory This Deponent saith That he was born at Boston aforesaid where he hath always lived, except the times he has been employed at Sea, That he considers himself as a subject of the United States of America And that he is a Freeman of Boston aforesaid And has been so admitted for many years last past./ —

2 — To the Second Interrogatory This Deponent saith That he was present at the taking and seizing of the Privateer Brig or Vessel concerning which he is now examined And that she had a Commission for War from the Congress of America./ —

3 — To the Third Interrogatory This Deponent saith That the said Privateer Brig was taken in about Latitude 48: on the Nineteenth day of this instant September On account of the War between Great Britain and America and the said Brig being American Property; That he has heard she was carried into the Downs; That a Resistance was made at the time the said Privateer Brig was taken And that she sailed under American Colours And that a great Number of Guns were fired on board the said Privateer Brig, but how many this Deponent cannot set forth And that the said Brig, was taken by the Alert Cutter, a Vessel of War commanded by John Beasely Esquire who had a proper Commission (as this Deponent believes) for acting as such Commander./ —

4 — To the Fourth Interrogatory This Deponent saith That he was Master or Commander of the said Brig Privateer And that he was appointed to such Command by the said Congress of America And that he took possession of her at Baltimore in Maryland That this Deponents fixed place of Abode is at Boston aforesaid; where he was born and where he has always lived, except the times he has been employed at Sea, That he is a Subject of the said United States of America And is not married./ —

5 — To the Fifth Interrogatory This Deponent saith That the said Privateer Brig is of the Burthen of One hundred and Forty Tons or thereabouts That there were Eighty Three Marriners on board her And that they were of many different Nations And that they came on board at different Ports in different Places And were all shipt or hired by him this Deponent in America and in France at different times./ — 

6 — To the Sixth Interrogatory This Deponent saith That neither himself or any of the Officers or Marriners belonging to the said Privateer Brig had any part, share or Interest in her or in any of her Lading, That he be­ longed to the said Privateer Brig at the time she was taken and seized and acted in the Capacity of Master or Commander, That he first saw her at Baltimore in February last And has heard she was built in the Island of Bermudas./ —

7 — To the Seventh Interrogatory This Deponent saith That the said Privateer Brig is named the Lexington, That he does not know how long she has been so called, or whether she has been called by any other Name or Names, That she had not any Passport or Sea Brief on board at the time she was taken, That she did not sail to any Port during her said Voyage, That she sailed from Morlaix in France bound to America; And further to this Interrogatory This Deponent cannot answer or depose./ —

8 — To the Eighth Interrogatory This Deponent saith That the said Priva­teer Brig was in Ballast at the time of her sailing from Morlaix aforesaid and that there was not any Goods or Merchandize on board her, except the private Property belonging to him this Deponent./ —

9 — To the Ninth Interrogatory this Deponent saith That the said Privateer Brig is the property of the said Congress of America And that he has been often informed they are the Owners of her./ —

10:11:12
13:14 &15} To the Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, and Fifteenth Interrogatories This Deponent saith, That the said Brig concerning which he is examined, being fitted out as an armed Vessell there has not been any Cargo or Merchandize shipt on board her during the said Voyage, Except this Deponents private Adventure./ —²

16 — To the Sixteenth Interrogatory This Deponent saith That there were several papers, letters and other Writings on board the said Privateer Brig at the time she took her Departure from Morlaix aforesaid, That part of them were thrown overboard by this Deponent at the time she was taken and the remainder delivered to the said Captain Beaseley./ —

17 — To the Seventeenth Interrogatory This Deponent cannot depose or answer ³

18 — To the Eighteenth Interrogatory This Deponent Saith That he hath sustained a Loss by the seizing and taking the said Brig Privateer concern­ing which he is now examined of his private Adventure And that he com­putes his loss to amount to the Sum of Four hundred and Fifty Pounds or thereabouts And that he hath not received any Indemnity, Satisfaction, or promise of Satisfaction for any part of the damage he hath or may sustain by this Capture and Detention, except for his wearing apparell and Books which the said Captain Beaseley hath promised to restore to him./ —

19 & 20 — To the Ninteenth and Twentieth Interrogatories This Deponent cannot depose or answer./ —⁴

The said Henry Johnson being also examined to the additional Interrogatories deposeth and saith as follows (that is to say) —

1 & 2nd — To the First and second Interrogatories This Deponent saith That the said Brig Privateer being fitted out as an armed Vessell there was not any Lading shipt on board./ —

3 — To the Third Interrogatory This Deponent saith That part of the papers belonging to the said Privateer Brig were delivered by him to the said Captain Beaseley. / — .

4 — To the Fourth Interrogatory This Deponent Saith That at the time the said Privateer Brig was taken, he delivered part of the papers belonging to her to the said Captain Beaseley as aforesaid in whose Custody he be­lieves the same now are./ —

5 — To the Fifth Interrogatory This Deponent cannot answer or depose./ —⁵