I John Burrows of Salem in the County of Essex in New England Mariner being of Lawful Age testify and say that about 20th March last I sailed from the West Indies in the Brigantine Kingston Packet Samuel Ingersol Master bound for Salem afsd or any Port we could first make in the Bay Government that on or about the 18th Day of April last we Struck soundings on Georges Bank and from thence we Steered N.W by N. intending to get into Falmouth in Piscataqua but that the Day after we left Georges Bank we fell in with a Fleet bound to the Eastward one of which gave us chase from whome we escaped in the Night the next Day we hauled our Course to the Northward the weather being Foggy we soon found ourselves surrounded with Vessels from whome we could not escape untill we were near as far east as Hallifax light House at which time their was a fresh Wind to the westward and we Run into Canso where we lay the chief of the Summer. And this Deponant further says that there was no Goods on Board said Vessell, but about Thirty Casks of Melasses some of which was Small and Ten Casks of Rum, which Capt Ingersol Sold to the Fishermen at Orashock [sic Arichat] & places near there, the pay for which we were collecting in Fish & Mackriel when we were taken by Capt. [John Paul] Jones in the Armed Sloop Providence and this Deponant further says that he was with Capt Ingersol in Jamaica when he got out new set of Papers for the Said Brig Kingston Packet in the Name of Mr John Dolbeare² and that he frequently heard Capt Ingersol say that he did it only to protect the said Brigantine from the Brittish Ships and that the said Brigantine was still the property of Capt Derby meaning as this deponant understood Richard Derby Junr of Salem in: New England, & this deponant further says that the said Mr Derby always paid his wages when at Home & as his Wife saw him has paid to her a Considerable part of his wages in his Absence, the last Voyage, and this deponant further says that he is no ways Interested in said Vessel or any thing on board her, and that he verily believes that the whole of said Vessel together with the fish and Mackreil on board her is Richard Derbys, unless any part of the Fish may belong to the Mate, and further says not

Test Samuel Vernon

[Endorsed] Essex Salem Novem 1, 1776.

Then Personally appear'd before me one of the Justice's of the peace in and for the said County John Burrows of Salem aforesaid and after being duly cautioned to testify the whole truth relative to a Cause to be heared and tryed in the Maritime Court to be held at Providence in the State of Rhode Island and Providence Plantations on the fourth of November Inst wherein Esek Hopkins Esqr Commander in Chief of the Continental Fleet in Behalf of the Continent himself and Others mentioned therein is Libelant and Richard Darby Junr is Claimant, and being carefully examined made Solemn Oath to the truth of the foregoing deposition by him Subscribed which deposition was taken at the request of the said Richard Darby Junr to be by him used in the Cause above mentioned the deponant being bound to Sea and the said Libelant not being within Twenty Miles of the place of Caption was not notified to attend nor Present at the Taking the said deposition

Before me Joshua Ward Justice of the Peace