The Court being Opened According to Adjournm4 Mr Samuel Auchmuty Produced his Patent Appointing him Regr of this Court was Sworn in Office by his Honr the Judge After which the Libel of Capt4 James Allen etc. and the Claim of George Smithson late of sa Ship were read
Mr Moses Lopez was Sworn Interpreter in this Case, Whereupon the Preparitory Exam”3 wеre Produced in Co4 Philip de Arreitta, On Oath in Open Court declares that the Answers made to the Interrogatories by him signed are true And was further Sworn — Also Nathan Bull was Sworn Aftеr which the Attrys for the Captors entered their reply to fhe Claim or plea of the sa George Smithson and the Court is Adjourned until to Morrow 9 a Clock A: M
7411 June
The Court being Oрened According to Adjournm4 Antonio Rodriguez, Cayetano Ramos, Christopher Berry, John Bickerstaff and Michael Quin were Sworn and declared in Open Court that their several Interrogatories by them signed were true — Sundry papers produced in Court, Whereupon John Banister and Wm Richardson were Sworn
18. The Claim4 Acknowledges in Court that Cap4 James Allen and Cap4 James Wimble are Commanders of Private Men of War as set forth in the Libel and are duly and fully Authorized and empowered' by Cоmmissions as are set forth in their Libel And after Several Pleas by the Attornies on both sides The Court Adjourned to Friday the io4h Inst4 at 3 aClock P: M
[Minute Book, 1740-1743]
7th July [June] 1743.
John Banister of Newport afa Merch4 On Oath made answer to the following Questions Viz4
Qn 1. Where had you those papers inclosed in the Letter Directed to John Hardman and Company Owners of the Angola Merch11 Viz An Acco4 of Sales and Invoice of Sundry Merchandizes Shipt on Board the Ship Angola with the Letter annexed An Acco4 of the Disbursements оf said Ship with a Letter annexed and Bill of Lading
Anr I reced. them from Cap4 George Smithson, Sealed under the Cover now in Court, under three Seals, and no other pаpers with ’em Who say’d he had ’em from Cap4 Freebody, (who being here was present Acknowledged he showed them upon a Table and Sa Smithson took them himsеlf) being one of the Owners of the privateer Upon my receiving said Letter from sd Smithson I broke it open to discover to se if there was anything in them that wou’d servе Cap4 Smithson in his Defence and now produces them at the request of his Council
John Banister
Anr I am acquainted with the hand Writing of Mr Berclay and of Mr Charles Gordon Clerk of Crowder and Berclay and verily believe that the Lеtters and Bill of Lading are the hands Writing of Mr Gordon and the Signing of the Letters are the hands Writing of Mr Berclay.
Wm Richardson
[Admiralty Papers, X, 82]
June 10th 1743.
The Court being Opened According to Adjournm* His Honr the Judge pronounced his Decree — George Smithson the Claimant moves to the Court for an Appeal from this Court to the Commission1,8 Appointed or to be Appointed under the Great Seal of Great Britain for receiving hearing and determining Appeals in Causes of Prizes Which is granted he Conforming himself According to Law in such Cases mаde and Provided Bond given Pursuant to Act
[Minute Book, 1740-1743]
Whereas a Lible has been presented before me May 19, 1743 by James Allin Commander of the Sloop Revenge a Private Man of War belonging to Newport Commissiond by Richard Ward Esqr Late Governour of Rhode Island for himself Owners and Company in Conjuntion with James Wimble in the Sloop Revenge another Private Man of War belonging to London Great Britain Commissiond by the Honorable Commissioners for Executing the Office of Lord High Admiral of Great Britain Ireland еtc. for himself Owners and Company by Virtue of wch Commissions they did take the Ship Angola who was taken by the Spaniards on the 20th day of April last N.S. off the Hineango one оf the first Islands in the Winward Passage of the Burden of Two Hundred and Forty Tons or thereabouts Mounted wth twelve Carriage and four Swivel Guns together wth Her Cargoe Consisting of one Hundred and Fifty Seven Hoges of Sugar Eighty Planks of Mohogony three Hundred and Seventy Bags of Ginger Eighty Seven Bags of Cotten and three tons of Elephants teeth Sundry Musquets Warlike Stores etc. and did bring Her into Newport for Tryal and Adjudication and there being A Claime Entred' ■by George Smithson Commander of the sd Ship Angola when she was first taken in behalf оf Peter Cunliffe Esqr Jn° Hardman and Sam Augden all of Liverpool in Lancastire Great Britain as owners of the sd Ship and Cargoe before she was taken by Don Francisco Lorenso and Don Francisco Camejo Commander of two Sloops of War fitted out and belonging to the King of Spain and I have attentively heard the Pleas of the Counsels both for Captors and Claimers the Argument of the Counsil for the Captors wás this that
Jn° Gidley Judge.
[Admiralty Papers, I, 83]