The said Zachariah Foss further adds, that he heard Capt. Waterhouse say that thenceforward he would take all the Privateers that came in his way.

The sd Zachariah further declar'd that on the Day before the _Hawk_ sail'd from Boston, sundry Gentlemen (whom he took to be her owners) being on Board, he heard e'm desire Capt. Waterhouse not to Engage any Privateer, for that the Vessel was not fitted for such a purpose, adding that should he take a Privateer, they should get nothing by it, but Rags and Lice and broken Bones.

And the Deponents further say not.

JOHN FLOOD.

ZECH FOSS.

Suffolk, BOSTON, August 3, 1744. The above named John Flood and Zachary Foss made oath to the Truth of the foregoing Deposition.

Before Us { S. DANFORTH } Of the Council.[2]

{ EL'M HUTCHINSON }

[Footnote 2: Samuel Danforth was a member of the council of the province from 1739 to 1774; Eliakim Hutchinson from 1744 to 1746, and judge of the court of common pleas from 1741 to 1774; the latter married Governor Shirley's eldest daughter.]

_170. Testimony concerning William Ward. August 4, 1744._[1]

[Footnote 1: Ma.s.s. Archives, vol. 64, p. 253.]

On board the _Hawk_ Privateer Samuel Waterhouse Comander, August 4th: 1744 att a Comitte of the Commander and Officers on board the _Hawk_ Privateer: James Hudson, Charles Ward and John Woodbridge, being called as evidences against Will'm Ward Boatswain of Said Privateer, do testifie and say that at or upon the second day of August this instant they heard the said Will'm Ward speake in the Steeridge of Sd.

_Hawk_ that the Captain and Officers where[2] discharging the People (meaning some of the hands) in order to put their shares in their own Pockets, togeather with other Seditious and disrespective words.

JAMES HUDSON.

CHARLES WARD.

JOHN WOODBRIDGE.

[Footnote 2: Were.]

_171. Protest of Sailors. August 13, 1744._[1]

[Footnote 1: _Ibid._, pp. 249-251. As to protests, see doc. no. 136, note.]

On the Thirteenth day of August Ao. Dom: 1744, And in the Eighteenth Year of His Majestys Reign Before me Benjamin Pollard[2] Notary and Tabellion Publick by Royal Authority duly Admitted and sworn dwelling and practising in Boston in New England Personally Appeared the several persons whose Names are hereunto Subscribed Sailors belonging to the Brigantine named the _Hawk_ Called a private Man of Warr Mounting 12 Carriage and 20 Swivel Guns and Carrying 138 Men Commanded by Samuel Waterhouse now lying the Harbour of Cape Ann Who Severally Declared as follows. And First these Appearers say that the said Saml.

Waterhouse in a late Cruize against the French and Spaniards Suffered a Small French Privateer whose force did not Exceed one third of the said _Hawk_ and which it was in his Power to have taken without risque of his Vessell and Company, to escape after firing a few guns, by Voluntarily Parting from him with a Salute of Three Chears; And on the Twenty Ninth day of July last the sd. Brigt _Hawk_ being in Consort with the Sloop _Elizabeth_ a Private Man of Warr belonging to New-York of About 10 Carriage and 12 Swivel Guns and about 55 Men Commanded by Thomas Barns about Twelve o'Clock of that day descry'd a ship Standing to the Westward, the _Hawk_ then Standing to the Eastward upon which Capt. Waterhouse bore away to the sd. sloop to Consult with Capt.

Barns (who was then to Leward) About Engaging sd. Ship, and Capt.

Barns ask'd what they Made of her, Waterhouse sd. he believed her to be a 40 Gun Ship, to which Barns answered, if she was an 80 Gun Ship he would See her, and then they Stood for her, the ship Still keeping her Course And About an hour before Sun Sett that day gott within About Three Quarters of a Mile of her, when the _Hawk_ hoisted English Colours and fired a Nine Pound Shot at her, and the ship hoisted a French Jack on her Ensign Staff and returned a shot, which fell Short of the _Hawk_ and after the _Hawk_ had fired About 10 Guns and the Ship about 17 Guns, Waterhouse Commanded his Company to desist from firing and to bare away as fast as Possible, and Capt. Barns (who then lay to Windward by order of sd. Waterhouse) very Much Blamed Waterhouse's Conduct in leaving her and said that he (Barns) Intended to have got under her Stern and Raked her fore and aft, and the next Morning Saw a ship they believed to be the same but Waterhouse would not follow her but gave Chase to a smaller Vessell Called the _St.

John_ lately taken by him, but Barns was resolved to see her and accordingly went after her and found it was the Same Ship they had Engaged over night And further declared That the said Capt. Waterhouse has been guilty of a Breach of the Articles of Agreement respecting the said Cruize by rejecting and refusing the Vote of the said Company, That the said Waterhouse is a Man of a Moross, Froward and Barbarous disposition having during sd. Cruize used Many of these appearers very Inhumanely by Confining them in Irons Without any real Cause, and is Man of no Courage or Resolution daring not to Engage any Vessell of Equal force with his, but on the Contrary has turned his back on them, and these appearers verily believe that with the help of the sd. Sloop (who was Willing to Aid and a.s.sist) the said _Hawk_ Might have taken the aforesd: Ship, That the sd: Waterhouse Often declared on board that he had orders not to Engage any Privateer and that he Came out to take Merchantmen and such as he could run down, That these appearers have always acted up to their duty in their respective Capacitys on board said _Hawk_ to the Utmost of their Power, And for the reasons Aforesaid These Appearers have left the sd.

_Hawk_ in Cape Ann Harbour and Come up to Town and requesting me the said Notary to Protest against the said Capt. Waterhouse and his Cowardice, Actings and doings.

[Footnote 2: Sheriff of Suffolk County 1743-1756.]

Therefore I the said Notary At the request aforesaid did and do hereby Solemnly Protest against the said Samuel Waterhouse and his Cowardice, Actings, doings and Misconduct in and about the said Cruize as the Only reason of these Appearers Coming up to Town, and for all loss, Costs, Charges, damages and demands Whatsoever, Which they or any of them Shall or May Suffer Sustain or be put unto by Means thereof, And Lastly the appearers Declared that they are ready and Willing to go on board the Said _Hawk_ Privateer and proceed in her on another Cruize under the Command of any Captain of known Courage and Conduct. Thus done and Protested in Boston the day and year before written

And To the truth of all which these Appearers have Severally Made Oath and subscribed their Names.

JONATHAN TAYLOR CHRISTOPR: COLLINS JOHN PEARSON EZEKIEL PITTMAN RICHARD ANDERSON BENJA: BOLTER his JOHN PEEWEY WILLIAM [X] BLEYTH mark PATRICK CARNEY WILLIAM WILLIAMS ANDREW LEISHMAN WILLIAM SWETT his DANL. CALFE CHAS: [X] DREW mark his JEREMIAH MOLTON WILLIAM [X] HODGKINS mark JOHN PALLOT ROBERT STANLY JOHN THOMPSON ADAM HOLLIDAY RICHD. THOMPSON STEPHEN HILLOCK EDWD. BROOKSBY JOHN SEAWARD PETER SCOTT

The aforegoing is a just and true Copy of the original Protest on Record in My Office, Attest.

BENJA: POLLARD Noty. Pubk: 1744.

BOSTON Augst: 14: 1744.

_172. Pet.i.tion of Henry Johnson. August 27, 1744._[1]

[Footnote 1: Ma.s.s. Archives, vol. 64, pp. 256-258.]

To His Excellency William Shirley Esq. Govr. and the Hon'ble the Councill

The Pet.i.tion of Henry Johnson of Boston

Humbly Sheweth

That Mr. Detcheverie, Monsr. Darrancette, and a Boy Named Augustine, French Prisoners taken and brought in here per Capt Waterhouse, has Lodged and Boarded at the house of your Petr. per Order of Benja.

Pollard Esq Sheriff of the County of Suffolk, your Petr. humbly Prays your Excellency and hon'rs will be pleased to Ascertain the Allowance your Petr. is to receive for their Board, Washing and Lodging for Twenty One Days, the time they have been at your Petr. house, and your Petr. as in duty Bound Shall Ever pray

Boston 27 August 1744 HENRY JOHNSON 1744

[_Indors.e.m.e.nt_]

At a Council held at the Council Chamber in Boston Fryday Octo'r 5 1744.

Read and Dismiss'd.

Monsieur Detcheverie to Henry Johnson Dr. for his Board and Lodging 3 Weeks at 3 9. 0.0 Monsieur Darrancette to Henry Johnson Dr. for his Board and Lodging 3 Weeks at 3 9. 0.0 For your Boy Augustine 3 weeks at 30s. 4.10.0 -------- 13.10.0

BOSTON, 22 August 1744. Errors Excepted.

HENRY JOHNSON.

1744

THE _LEWIS JOSEPH_ AND THE _ST. ANNE_.

_173. Deposition of Jacques Piegnon. January 24, 1745._[1]

[Footnote 1: Records of the Admiralty Court held in Philadelphia, 1735-1746, in volume preserved in the office of the clerk of the U.S.

district court, pp. 213-216. The judge was Thomas Hopkinson, who qualified in January, 1745.]

The Same 24th January 1744.[2] 5 P.M.

[Footnote 2: _I.e._, 1745, N.S.]