Page:United States Reports, Volume 1.djvu/192

Rh 

1786.

the Brigantine Achilles, whereof George Thompʃon  was mafter, and the Patty  ; whereof John Prole  was mafter, each having a commiffion of Letter of Marc ; and about the 1ft of September  following they proceeded to fea in company, ftanding to the Eaftward.

On the 6th of September in the forenoon a firing of cannon was heard by people on board the Achilles  and Patty  and in the afternoon the Achilles and Patty had altered their courʃe, and, being fwifter failors than the Hibernia, left her at fome diftance ; they then waited for her, and when fhe came up, fhe inquired the reafon of their altering their courfe, and was informed, that they had feen two fail and given them chafe. At this time the two veffels were not in fight, the Achilles and Patty having waited for the Hibernia until they were loft : They are three then continued the fame courfe until the morning, when at day light two veffels were defcried, lying cloʃe together, by each of the mafters of the three Brigantines, who forthwith made towards them ; and the Achilles and Patty,  after firing a few guns, took poffeffion of a Brigantine, called the Betʃey, which had been a Britiʃh veffel, bound from Montʃerrat for New-York, (which places were then poffeffed by the Enemy)  and was captured the day beƒore by the Argo ʃloop oƒ war belonging to the United States, Silas Talbot, Eʃquire, Commander.  At this juncture the Hibernia  was a few miles aftern of the other Brigantines, and when fhe came up, the Refpondent afked, “what veffel they had brought too ?”  and was anfwered, “a Brig from Montʃerrat bound for New-York ; a good prize.” In confequence of fome converfation with the Captains of the two other veffels, the Refpondent failed in purfuit of the Argo, then in fight, and did not rejoin them, until near the fun-fett, when a boat came along the Patty, and afked for men to affift in navigating the Betʃey  into fome port :  The Refpondent immediately put two men into the boat, and figned Orders for William M‘Neil,  who had been appointed Prize-mafter, which contained thefe words, “ to get her if poffible into Delaware, Egg-harbour,  or Cheʃpeak,  ƒor ƒear oƒ the SLOOP Argo  falling in with you, if you go to New-England ; ”  and “beg of M‘Neil  to ftand to the Southward this night and ftrive hard for Philadelphia.” Thefe orders are dated “the 7th September  1779, at fea on board the Brigantine Patty,”  and were figned firft by John Prole  and George Thompʃon. So far the facts are agreed.

Mr. William Davis, who was a paffenger on board the Patty, fwears, ‘‘ that he verily believes the firing of cannon on the 6th about ten o'clock in the forenoon, was heard on board the Hibernia,  and that the people on board each of the three brigs faw two veffels engaged in fight, for that he heard and faw them diftinctly ; that the three lay becalmed within hale of each other, that the Argo and Betʃley  were then about there leagues diftant from the three Brigs, and that the firing continued more than an hour. ’’ He further is pofitive, that the Refpondent  and Prole  and Thompʃon had a confultation, in his prefence, about the brig  Betʃey, whether fhe was prize or