State of Connecticut

Personally came and appeared this eleventh Day of December in the year of our Lord one Thousand seven Hundred and seventy six; before me Titus Hosmer Esqr Justice of the Peace in and for said County Silvanus Waterman of Chatham in said County Mariner, and being duly and solemnly sworn upon his Oath deposes and saith that in the Month of March 1775 he said Deponent was appointed by Richard Alsop Esqr late of Middletown in said County deceased Master of his Schooner Called the Dolphin of the Burthen of about sixty five Tons then bound on a Voyage from the port of New London in Connecticut to Montego Bay in the Island of Jamaica in the West Indies, & this Deponent further says that before he sailed he received the said Alsops Orders in writing for his Government in said Voyage wh were to proceed directly with sd schooner from New London to Montego Bay aforesaid and there to dispose of & sell the Cargo and to purchase and relade said schooner with a Cargo of the produce of sd Island and then return with sd schooner directly to New London and Middletown aforesd That on the last day of March aforesd this Deponent sailed wi,th said schooner from New London and on the 27th day of April then next following arrived at Montego Bay aforesaid & proceeded in selling his Cargo and purchasing produce of sd Island that while he lay at Montego Bay he recd Advice of the Battles of Lexington & Bunkers Hill, which alarmed him with Apprehensions that he might be taken & made a prize of by the British Cruisers upon his return to prevent which he ventured without Orders from his said Owner & with Intent only to save sd schooner & Cargo from Condemnation as American property to make a Bill of Sale of sd schooner to Francis Mariez Merchant there, without any Consideration received, and at the same time took a writing under sd Mariez Hand obliging him to restore said Bill of Sale when demanded, that there upon this Deponent changed the Name of sd schooner to the Frank took out a new register, cleared her out for Newfoundland and on the 3d day of August sailed with Intent to proceed directly to New London aforesaid agreable to his owners Orders as aforesaid, and pursued the rout to New London till he arrived in the sound within Long Island and within seven Leagues of New London when he discovered an Armed Ship lying at Anchor which he judged to be a British Sloop of War, who as soon as she discovered said schooner came under Sail & stood for her upon which this Deponent bore away, and the weather coming on very thick by changing his Course he got clear of sd sloop, and immediately afterwards the wind came about an[d] blew fresh from the West which made it impossible for him to gain his port with Safety, and as he did not know what Cruisers might be on the Coast, he thought it most prudent to bear away for Newfoundland which he accordingly did and arrived there the fourth day of October, from thence he cleared out for Jamaica with Intent to proceed to the Mole and return from thence to New London when he arrived off the Mole he was chased by two British Frigates to Leward & was obliged to go to Jamaica, from Jamaica he cleared again for Newfoundland, but was obliged to procure bond to deliver his enumerated Articles at Newfoundland or some other place in the possession of the King of Great Britain Which obliged him to save his Bondsman to proceed to Newfoundland, which he accordingly did, & there took in a Cargo of Fish and Oil & cleared for Jamaica, with full Intent to proceed to St Nichola Mole in Hispaniola, & from thence return to sd New London that in his passage towards the Mole on the 29th Day of October last he fell in with and was taken by the privateer Montgomery commanded by Capt Thos Ruttenbur [sic Ruttenber] and carried into providence in the State of Rhode Island — and this Deponent further saith that he hath constantly endeavoured in every Method he thought safe and practicable to comply with his Original Orders & return with sd schooner to New London & Middletown aforesd agreable to his Orders -this Deponent further says that while he lay in Jamaica in August 1775 he received a Letter from Richard Alsop Esqr his owner in which he positively ordered him to return home with said schooner immediately which Letter with his Orders and every other paper tending to evince the property of sd schooner to be in Sd Alsop this Deponent destroy when he was chased by sd sloop of War off New London as aforesaid, and this Deponent further declares that he never did take on board sd schooner any thing that could be of service to the Army acting against the united states of America, or afford them or any Servant of the King of great Britain any aid or Assistance of any Kind whatsoever, but confined him self in all his Conduct to the sole point of getting Home as fast as he could, & was particularly carefull not to do or say any thing injurious to his native Country, and further this Deponent saith Not.

Sworn the Day and Year
above written for me

Titus Hosmer Justs Pac.

[Endorsed] The foregoing Deposition was taken at the request of Mrs Mary Alsop Administratrix on the Goods and Estate of Richard Alsop Esq late of Middletown Merchant deceased to be used before a Court for the Trial of Civil & Maritime Cause, to be held at providence in the state of Rhode Island and providence plantation on the 16th day of December Instant on the Trial of the schooner Frank & her Cargo upon the Libel of Thomas Ruttenbur & others, the Deponent Silvanus Waterman being Sick and unable to attend sd Court & the place of Trial being ninety Miles distant from Chatham the place of Caption Certified by me

Titus Hosmer Justs Pac.²