Page:United States Reports, Volume 1.djvu/107

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96
CASES ruled and adjudged in the


1784.

were difcerned from on board the Betʃey. Towards evening they chafed the Argo. and Betʃey. The next day, early in the morning, the prize being in tow of the Argo, the three Brigs were feen from on board the Prize and the Argo, chafing them. The Brigs approached the falt under Britiʃh colours. Captain Talbot finding it impracticable for the prize to efcape, with a trumpet hauled her, directing the prize-mafter to throw off the rope, and lye too with the prize, until the three Brigs fhould come up with her, adding that he with the Argo would run a little to leeward and lye too alfo—and that if the brigs fhould prove to be American, the prize mafter fhould endeavour to obtain permiffion for the prize to come down by herfelf and inform him of the brigs being friends. In a fhort time the brigs came up, and from one or two of them under Britiʃh colours, the Betʃey was fired at twice, fhe then bearinh Britiʃh colours reverfed, according to the cuftom of prizes, and being in the latitude of 39 degrees 4 minutes, and the longitude of 71 degrees 24 minutes. When firft hailed, the people on board the Betʃey anfwered, fhe was from Montʃerrat. Perfons from two of the brigs, one of which had fired at the Betʃey, boarded her. Among thefe was W.D. from the laft mentioned brig The commander of this brig was informed by the prize-mafter on board the Betʃey, that fhe was a prize to the Argo, commanded by Captain Talbot ; that the veffel then is fight was the Argo ; that he was put on board the Betʃey as prize mafter by Captain Talbot ; he fhewed him his written inftructions as fuch ; but, faid the Betʃey had been take three days before. W.D. from on board the Betʃey told the faid commander, the prize-mafter denied having seen the brigs the day before, or that fhe was then captured ; but from every circumftance, and from the report of one of her Engliʃh failors, he was convinced, fhe was the fame veffel feen engaged the day before. On board the brig, to the commander of which this information was given, were a boatfwain and fail-maker, who had been taken by Captain Talbot about ten days before in a veffel from London, and fent by him prifoners to Philadelphia, and fhipped there. One of the perfons put into the Betfey by Captain Talbot, knowing them, mentioned this fact in converfation on board the faid brig, to W.D. The perfon thus put on board by Captain Talbot alfo faid, that the Betʃey had been taken three days before. The papers on board the Betʃey were examined by W.D. is behalf of the three brigs, and the number of names fpecified in the Engliʃh papers, was found to correfpond with the number of perfons then on board. From thefe papers it appeared, that fhe was a Britiʃh veffel bound from Montʃerrat to New-York. W.D. made feveral other examinations on board the Betʃey on behalf of the three brigs, and in the courfe of them was informed by a feaman who belonged to her while poffeffed by the Britiʃh, that fhe was taken the day before. This failor alfo faid, the failed from Montʃerrat. Before W.D. left Philadelphia, he had heard in the coffee-houfe there, a few days before he failed, that the Argo a New-England privateer had taken

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