FRANCISCO CAVIGAL DE LA VEGA

We his Majestys Notary Publicks of the Number Admitted in this City Certify that Don Diego Guitierres, by whom this Dispatch is Authorized, is Notary to the Government and that Entire faith and Credit may be given to all his Dispatches, Judicial and Extrajudicial, Dated ut Supra.

ANTO'O PONCE MANUEL RAMERES CHRIST'O LEAL Not'y Publick Notary Publick Not'y Publick

I Certify that the foregoing is a true Translated Copy of the Original Spanish Exam'd by

GARRAT NOEL Sworn Span'h Intep'r

_190. Deposition of William Haddon. November 16, 1759._

Province of New York.

Court of Vice Admiralty.

The Deposition of William Haddon who having been before Sworn and now examined on the Interrogatories to be administered to witnesses to be produced, Sworn and Examd. on the part and behalf of Thomas Miller and Sampson Simpson, defendants, at the suit of the attorney General In the name of our Lord the King Libbellant.

1st. To the First of the said Interrogatories this deponent saith that his name is William Haddon, aged thirty eight years, his usually place of residence is at New York, By occupation a schoolmaster[1] and a subject to the King of England.

[Footnote 1: "At a commodious House ... in Bound Brook, Province of East New Jersey, young Gentlemen are educated and boarded on reasonable terms, by William Haddon, Professor of ab, eb, etc."

Advertis.e.m.e.nt in _New York Mercury_, Mar. 30, 1761. He taught there seven years, then at Newark from 1768 on. _New Jersey Archives_, first ser., XX. 548.]

2d. To the second Interrogatory this deponent saith that he knows Richard Haddon, late commander of the private Sloop of war called the _peggy_, that the said Richard Haddon is this deponents brother and he has Known him as long as he has had knowledge.

3d. To the third Interrogatory this deponent Saith that he knew a person called Don Philip, which this deponent supposes to be the same person Philip Vanes, otherwise called Philip De Francois, otherwise called Philip Y Banes, mentioned in the third Interrogatory, that he first saw him the 7th of December 1756, In the Lat.i.tude of 21 and 33 m. N.[2] and Longitude 81 and 30 m.

[Footnote 2: The lat.i.tude given in the next paragraph, 21 23' N., must be the correct one. Lat. 21 33' would be on the island of Cayo Largo. Doc. no. 184 gives lat. 21 18', long. 81 57'.]

4th. To the fourth Interrogatory this deponent Saith that he saw a certain Schooner pretended to be a spanish Schooner, But did not know her name, and first became acquainted with her the 7th of December 1756, In the Lat.i.tude of 21 and 23 N: and Longitude 81 and 30, this deponent was on board the privateer _peggy_ when the said Schooner was taken, that he was Capn. Clerk,[3] this deponent is not very positive but believes there was about fourteen men on board the said schooner at the time she was taken, that the said schooner had four carriage [and] six swivel Guns at the time she was brought too, as this deponent afterwards heard, and that she had no regular papers or Clearances from any publick authority, as this deponent saw or heard at that time or since. This depont. also knows and remembers that particular pains was taken by Capn. Haddon and all the officers belonging to the said privateer to discover whether there were any regular ships papers or Clearances on board the said schooner at the time of her being taken, and in particular the Capn. when he sent Christopher Miller on board, his first Lieutt., desired him to send all the papers of the schooner on board the privt.; that after the sd.

first Liet. got on board he made a search and told the said Capn.

Haddon from the said schooner that he could find no regular papers on board her, whereupon the Capn. told him bring all the papers he could find and the Capn. of the sd. Schooner, upon which the Liet. made answer he could not tell which was the Capn.; upon that the Capn. told him to bring two or three of the Likeliest of the men, that he did so and these men belonging to the said schooner came on board, one of which, which the deponent took to be Don Philip, being asked for the papers delivered a pocket book to the Capn. which the Capn opened upon the Quarter deck and took out the papers; that this deponent was there and saw nothing but a few Letters, sealed up and directed to Different persons in Kingston; then sd. Capn. Haddon told the said Philip that he certainly must have more papers; upon that sd Philip shrugged up his shoulders and was Silent, and after that Capn Haddon called to the first Liet., wo [who] was still on board the said Schooner, to make a further Search, and this deponent never heard of any papers at all being found that were satisfactory. the said Philip appd.[4] to be the Capn. or princ.i.p.al officer of the said schooner. this deponent further Says that he heard Capn. Haddon say, upon the peoples asking what he Intended to do with them, that he would carry them to the Havannah, upon which as this deponent understood by the Interpretation of one Francis De Spania, a Spaniard belonging to the privateer _peggy_, and from the Declarations of Capn Haddon, they begged and Intreated he would not, for that if he did they would either be hanged or made slaves, and that they said they did not value the money, and their lives would be of Little Service to Capn. Haddon, and the said Capn. told this deponent the reason he did not send her into any port for condemnation was partly out of humanity to the people and partly in regard to the Interest of his owners. This deponent does not know certainly but has been Informed that the said Schooner was not properly equipped or fitt to come upon this Coast in the months of December or January.

[Footnote 3: Captain's clerk.]

[Footnote 4: Appeared.]

5th. To the fifth Interrogatory this deponent saith that to the best of his Knowledge the said Schooner had on board of her at the time she was brought to by the said privateer _peggy_ about fourteen men, composed of a Mixture of Nations, that the following Quant.i.tys of Money was taken out of the said and brought on board of the _peggy_ and Sorted on the deck and there counted, viz. 5764 Dollar, 10 Doubbloons, 105 pistereen, 1 Two Shilling, 1 shilling, five bitts, two pair of Silver Knee buckles and one Box containing Sundry Trinkets of Gold, to witt, one Bracelet, twenty Gold rings and one pair of Gold Sleeve b.u.t.tons; it was brought on board in a publick manner and it was sorted and counted in this deponents presence and this deponent understood that the said money and other things were owned among the different persons on board.

6th. To the Sixth Interrogatory this deponent Saith that he heard that the persons on board the said Schooner delivered up or gave the said box or Trinkets to Capn Haddon on condition that he would not Carry the said Schooner with the Crew thereof to the Havannah and further saith not to this Interrogatory.

7th. To the Seventh Interrogatory this deponent saith that he knows that Capn. Haddon acquainted the persons on board the said Schooner with the name of his vessel, his own name, the port she belonged to, and that he should carry the things he had from on board the said schooner to the port of New York for condemnation.

8th. To the eighth Interrogatory this deponent Saith that he remembers That another Schooner was brought to by the _peggy_ some short time before the schooner was brought to out of which Capn. Haddon had the money belonging to the Spanish Nation, and richly Laden and they were Treated extreamly Civil by Capn. Haddon; this depont. Could not observe from any of his conduct that he was desirous to rob or pilfer them, but on their producing regular paper and clearances discharged them, and this deponent knows of his supplying a Spanish Sloop with provisions on the Twelfth of Jan'y 1757.

9th. To the Ninth Interrogatory this depont. saith that he knows of nothing further that will tend to the advantage of the defendt. in this Cause except That Capn. Haddon found a french Letter on board of a prize which he took coming from the Mississippi, from a french officer in Luisiania to a person of distinction in old france, by which he understood that the french were Incroaching upon the Spanish Territories and had still designs so to do, upon which Capn. Haddon Inclosed the said french Letter in a Letter Directed to the Governour of the Havannah, which said Letter this depont. wrote by direction of the Capn.,[5] and that the said Capn. always Treated prisoners and others with humanity and Civilly and always acted with much care.

[Footnote 5: See also doc. no. 184, note 3.]

10th. To the Tenth Interrogatory this deponent Saith that he shall not gain or loose by the event of the suit any other wise than by reason of the near relationship he stands in to Capn. Haddon and by his belonging to the said Vessel in the said Cruize.

WILLM. HADDON.

Examined this 16th of Novr. 1759 Per me SILVESTER, D: Register

_191. Declaration of Don Geronimo de Medrano. November 19, 1759._[1]

[Footnote 1: This and the three succeeding testimonies were taken in Cuba under the commission mentioned in note 1 to doc. no. 184.]

19th of November 1759 Before the Lieut. Auditor General Commissioned in this Cause appeared Ensign Don Geronimo de Medrano a Native and Inhabitant of this City, who being sworn by making the Sign of the Cross according to Custom and promising to declare the Truth, being asked according to the Tenor of the Articles Contained in the Interrogatory and Inserted in the foregoing Copy, he said as follows--

1. To the first he said that he knows Don Phelipe Ybanes and has known him by that Name about twenty four years and knows him to be a Native of St. Lucar de Barameda in Andalusia and an Inhabitant in this City, where he Married in the Year 35 with a first Cousin of this Deponent; That from the year 37 to that of 51 he followed the Business of Working at Husbandry in the Fields near a Dwelling House he had at the Mills and in the Herd yard of Doctor Don Ambrosio de Medrano.

Afterward he went to places up the Country where he became Clarke to a privateer Schooner fitted out by the Lieut. at War of the Town of St.

John of the Remedys[2] Don Juan Antonio de Royo. Afterwards said Ybanes Informed him that he had been met with by some Englishmen Said to be Privateers near the Coast of this Island (he did not Exactly remember the place) and that they had carried away the Money he took for his Voyage, and is what he heard Commonly Reported in this City, which is all he knows about this Enquiry.

[Footnote 2: San Juan de los Remedios, commonly called Remedios, lies in the middle of the north coast of Cuba, 32 miles east of Santa Clara.]

2. To the second he said that he does not know the said Schooner and is Ignorant of the other particulars in the Enquiery.

3. To the third he said that he is Ignorant of the Contents in this Enquiery.

4. To the fourth he said that he did not know Caleb David nor for what he came to this City.

5. To the fifth he said that he knows nothing about the Enquiery in this Article.

6. To the Sixth he said that he knows one Antonio de Correa, a Spaniard living in this City since the year 1733, that his Employment was bringing Wood from the Coast with Regordete Fregeno[3] but does not know that he made a Voyage in 56, Nor the Embarcation in which he went nor any thing of the rest Enquired.

[Footnote 3: _Regordete_ means short and stout.]

7. To the seventh he said that he knows nothing more to Answer than what he has said to the foregoing.

8. To the Eighth he said that he Expects no Interest from the Result of this Cause and that what he has said and Declared is the Truth, to which he has made Oath and being Dated and Read to him he said it was well Wrote. That he is thirty Six years of Age. to which he set his Hand and his Honour, his Rubric of which I give Testimony.

HERON'O JOS'H MEDRANO.

Before me

JUANFERN'O DEL VALLE.

N'y Pub.

_192. Declaration of Don Joseph de la Vega. November 19, 1759._

Immediatly after appeared before the Lieut. Auditor Gen'l Don Jos'h de la Vega, an Inhabitant of this City, and being sworn by making the sign of the Cross according to form of Right and promising to say the truth, Being Enquired according to the Tenor of the Article[s]

Comprehended in the Interrogatory and Inserted in the foregoing Copy, said as follows--

1. To the first he said that he has known Don Phelipe Ybanes about twenty years, a Native of Spain and an Inhabitant of this City, having remained here after the loss of the _Flora_[1] and Married Dona Eugenia Suarez, Neice of Doc'r Don Ambrosio de Medrano, that he has seen him taking care of a Herd Yard belonging to the said Doc'r, and at a small Dwelling House Contiguous to it said Ybanes had Kills for making Charcoal and Lime, in which Employ he continued some years. He afterward saw him in this City Employed in buying and selling tile about two years and a half or three years agoe but does not know where he was when absent.

[Footnote 1: The reference is probably to the frigate _Floridana_, which foundered off the Cuban coast in the hurricane of July 15, 1733, which destroyed sixteen ships of the Havana fleet of Don Rodrigo de Torres. Fernandez Duro, _Armada Espanola_, VI. 242-243.]