Hopkins v. Sloop Ufro Sarah

Syllabus

Hopkins et al: vs. Sloop Ufro Sarah

The Honb1 Leo4 Lockman Esqr Judge Present.

The Court being opened

8. The Libel was read. Viz*

9. The Claim

The foregoing Claim was sworn to in Court by the s4 C. Huyblings

10. The Plea

11. D. Servah sworn Interpreter in this case.

12. Adam Beekman sworn. 13. Silveney Depew sworn

14. Jos: Walker sworn 15. Thos Greffeth sworn

16. Peter Copre sworn 17. Wisarad Zoandyk sworn

18. C* adj4 19. C* opened. 20. The partys being heard.

21. C* adj4 22. and opened. 23. and adj4 24. and opened.

25. a motion made by the Captors 26. Decree.

27. Cap* Bull moved for an Appeal

[Admiralty Papers, II, 25]

Colony of Rhode Island etc. Examinations of sundry Persons belonging to the Sloop Ufro-Sarah taken by Cap* Wm Hopkins Comander of the Privateer Prince Frederick and brought into this port which Examinations were taken in Newport, the Twenty fourth day of August A D. 1743 before the Honble Leonard Lockman Esq* Judge of the Court of Vice Admiralty for the Colony of Rhode Island etc.

Adam Beekman being duly Sworn on the Holy Evangelists gave Answer to the Questions Proposed to Him as followeth

Q: i What knowledge have you of the Sloop aforesaid

Answr On the 22a of April last N S I was Shipt at Curracoa on board the Sloop by him who was Commander of Her when Taken by Cap1 Hopkins, I was told at the Time of my Shiping that we were bound to Porterico

Q_. 2 What did your Cargo Consist of

Answr Dry Goods Cases of Liquor Powder and Ball Musheets

Q: 3 When did you leave Curracoa and to what Place or Places did you go from thence, and what was your Trade to any or either of the Places you went to

Answr We left Curracoa on the 23 Day of April last N S and Sailed to Porterico where we arriv’d in about four or five Days after and Traded down along the Coast with the Spanish Guards who kept the Watch Houses and our Cap1 Sold to Several of the Spaniards as we Run down the Coast Sundry Dry Goods and Five bundles of Musheets about a Dozen in a Bundle from thence we Proceeded to Barcilona on the Spanish Main and upon our Arrival there Don Pedro the Spanish Merchant whom we Brought from Curracoa went into a Petty Auger of his own woh Met us there, and Carried on Shore with Him Six New Small Arms two brass Blunder Busses a Quantity of Musquet Balls, Three large Cartridges of Gun Powder .Contas each about three Pounds or More Sundry Dry Goods and Twelve Cases of Brandy

Q: 4 Did you ever hear or understand that this Don Pedro Owned any Part of your Vessel and Cargo

Answr Nicholas Croose and John Pelisio two Creoles of Curracoa belonging, to our Sloop several Times Informed me that the said Don Pedro owned the greatest part of the Cargo and none of the Vessel

Q: 5 How long did you lie on the Coast of Barcelona after those Small Arms and Blunder Busses were Carried on Shore.

Answr About Three weeks and then we Sailed for Margaritta Trading along the Coast for about Three weeks and then Sailed for the Coast of Barcelona but was Taken by Cap1 Hopkins before we got there

Q: 6 Do.you know of any Sale or Delivery made on Board your Sloop of Warlike Stores after the Spanish Merch1 left you

Answr Yes our Cap1 Sold to a Spanish Pette Augre that came from Comina Several large Cartridges of Powder the Number I dont Remember but there were at least Two: And I remember that I Heard our Cap1 Give the Gunner Directions in filling of the Cartridges to put bad Powder at the Bottom and good Powder on the Top

Q: 7 How much Powder had you in Cartridges at the Time of your being Taken by Cap1 Hopkins

Answr I cannot Tell

Adam Beekman

Silvanus Depew being duly Sworn on the Holy Evangelists gave Answer to the Questions Proposed to Him as followeth

Q: 1 What knowledge have you of the Sloop Ufro Sarah

Answr On the 22a Day of April last N S I was Shipt at Curracoa on Board the Sloop by Him who was Commander of Her when Taken by Cap* Hopkins I was told at the Time of my Shipping that we were Bound to Porterico

Q: 2 What did your Cargo Consist of

Answr Dry Goods Cases of Liquor Powder and Balls and Musheets.

Q: 3 When did you leave Curracoa and to what Place or Places did you go from thence and what was your Trade to any or either of the Places you went to

Answr We left Curracoa on the 23a Day of April last N. S. and Sailed to Porterico where we arrived in about four five or Six Days after and Traded Down along the Coast with the Spanish Guards who kept the Watch Houses, and our Cap* Sold to Several of the Spaniards as we run Down the Coast Sundry Dry Goods and Several Bundles of Musheets how many I cannot Tell from Thence we Proceeded to Barcelona on the Spanish Main and upon our arrival there, Don Pedro the Spanish Merch* whom we brought from Curracoa Went in a Petty Augre of his own which met us there and Carried on Shore with Him Six new Small Arms two Brass Blunder busses a Quantity of Musket Balls three large Cartridges of Gun Powder Containing each about three Pounds or more Sundry Dry Goods and fifteen Cases of Brandy

Q: 4 Did you ever hear or understand that this Don Pedro owned any part of your Vessel and Cargo

Answr I heard both Our Cap* and Boatswain Say that Don Pedro hired the Vessel at the rate of about Twelve hundred Pieces of Eight Per Month from thence I Concluded sa Don Pedro owned the greatest Part of the Cargo

Q: 5 How long did you lie on the Coast of Barcelona after those Small Arms and Blunderbusses were Carried on Shore by Don Pedro

Answr We Traded there some Time then run into an Island where we Wooded and Watered which made betwixt Two and Three weeks and Sailed for Margaritta trading along the Coast’for about Three weeks and then Sailed for the Coast of Barcelona but was Taken by Cap* Hopkins in about Two or Three Days after we left Margaritta

Q: 6 How Much Powder Had you in Cartridges at the Time of your being Taken by Cap* Hopkins

Answr About four or five Dozen

Q: 7 Do you think or know that Don Pedro was a Native of Spain

A.nswr I believe He Was a Native of Spain but then resided in Curracoa and did not Speak a word of English or Dutch but Spanish and French altogether and always allow’d to be the Richest Man upon the Spanish Main between Leguira and Barcelona.

Silvanny Depew

Joseph Walker being duly Sworn on the Holy Evangelists gave Answer to the Questions proposed to Him as followeth

Q: i What knowledge have you of the Sloop Ufro Sarah

Answr On the 23 Day of April last N S I was Shipt at Curacoa on Board said Sloop by him who was Commander of Her when Taken by Cap* Hopkins, I was told at the Time of my Shipping that we were Bound to Margaritta

Q_: 2 What did yóur Cargo Consist of

Answr Bale Goods Musheets Brandy and Geneva in Cases

Q: 3 When did you leave Curracoa and to what Place or Places did you go from thence and what was your Trade to any or Either of the Places you went to

Answr We left Curracoa the Same Day I was Shipt and in about five or Six Days Time Arrived on the Coast of Porterico and Traded with the Spaniards along the Coast our Cap* Sold to them Sundry Sorts of Dry Goods and about five Dozen of Musheets a Sort of Cutlasses, from Porterico we Sailed to Barcelona in New Spain and whilst we lay of that Place a Spanish Petti-Auger came on Board of us into which our Cap* Order’d and Caused to be put Six New Small Arms two Brass Blunder busses Some Cartridges of Powder and Some Balls sundry Cases of Liquor the Exact Number I cannot Tell, and then Don Pedro the Spanish Merchant whom we brought w*h us from Curracoa went into the said Petti Auger took Charge of her and went on Shore on the Spanish Main we lay some Time on the Coast Trading with the Spaniards and then Sailed to Margaritta and there traded also which when we had finished, to wood and Water and then go to a Place to windward of Leguira and there take in Don Pedro who was to meet us there and then take in a Cargo of Cocoa for Curracoa we Sailed from Barcelona but was Taken by Cap* Hopkins before we got there and that I gave over the Vessel Side the Mushet and Muskets

.Q: 4 Did you ever hear or understand that this Don Pedro Owned any part of your Vessel and Cargo

Answr I understood by the Ships Company that He Owned good Part of the Cargo

Q: 5 Did you ever hear that the Chief or Second Mate ever took back any of the Muskets from the Spaniards woh had been by any of the Compy Sold to them

Answr I never Did

Joseph Walker

Thomas Griffith being duly Sworn on the Holy Evangelist gave Answer to the Questions Proposed to him as followeth

Q: 1 What knowledge have you of the Sloop Ufro Sarah

Answr On the 22d or 23a of April Last N S I was Shipt at Curracoa on board said Sloop by him who was Commander of her when Taken by Cap* Hopkins I was told at the Time of my Shipping that we were Bound to Margaritta on the Spanish Main

Q: 2 What did your Cargo Consist of

Answr Of Dry goods Muskets Brandy and Geneva in Cases

Q: 3 When did you leave Curracoa and to what Place or Places did you go from thence and what was your Trade to any or Either of the Places you went to

Answr The Day after I was Shipped We left Curracoa and went to Porterico and Traded along the Coast wth the Spaniards Our Cap* Sold Them Dry Goods and about Four or five Dozen of Musheets, from Porterico we went to Barcelona and while we lay off of that Place a Spanish Petti-Auger came on Board of us into which our Cap* Order’d Six New Small Arms two Brass Blunderbusses some Cartridges of Powder and some Balls about Twelve or fourteen Cases of Liquor and then Don Pedro the Spanish Merch* whom we brought with us from Curracoa went on shore in the Pettiauger on the Spanish Main, We lay some Time on the Coast Trading and then Saild to Margaritta and there Traded also and having finished our Trade there Saled for Barcelona in order to wood and Water and then to go further Down the Coast to a Plantation of Don Pedros to Take him and a Cargo of Cocoa on Board and Return to Curracoa but were Taken by Cap* Hopkins in a Day or Two after we had left Margaritta

Q: 4 Did you ever hear or understand that the Chief or Second Mate ever took from the Spaniards any of the Musheets sold at Porterico that was Sold to the Spaniards

Answr I never did but I see them put into a Spanish Boat which put off from our Side — in order to be carried on Shore and the Next Day the same Person and Boat came again without bringing any of the Musheets Back and Carried away from our Vessel Double the Quantity according to the best of my Judgment

Thomas Griffi(h

Daniel Survat was Sworn Dutch Interpreter

Wynand Zoandyke the Dutch Gunner being duly Sworne on the Holly Evangelists gave the following Answers Viz*

Q_ 1 What time did you Sail out of Guracoa

Answr About the 22 or 23 of Aprill N S.

Q. 2 What did your Cargo consist off

A. Dry Goods Brandy Geneva and Wines.

Q. 3 How many Barrells of Powder did you bring out with you

A. Two hundred weight for the use of the Vessell

O. 4 Did you dispose of any on the Coast of Porterico

A. No nothing but dry goods.

Q. 5 Did you see any Musheets upon Deck or along side the Vessells you belonged to or in any Peteaguer or Boats while you were upon the Coast of Portireco.

A. There was some come in a Spanish Canoe from another Vessel that lay there and They wanted to put them aboard our Vessel and they would not Suffer it and They wanted to Trade with us for Tobacco upon which they bid them return to the other Vessel and would not Trade with Them

Q: 6 What Port did you go to when you left Porterico

A. To Barcelona

Q 7 What Trade had you There

A. We traded for Money and Hydes

Q: 8 Did Don Pedro go on Shore there

A: He did not

Q: 9 Where did you go then

A: A Little Lower and there Traded for Money and Hydes and here Stayd till a Canoe came on board upon which Don Pedro went a Shore in the Same Canoe with five or Six Bundles of Goods and Twelve or thirteen Cases of Brandy,’ and the Same Arms that came in the Canoe went a shore wth her

Q: 10 In what Capacity did Don Pedro Act on board yr Vessel

A He was Nothing on board but a poor man that had a Sore leg which he had been to Curracoa to get Cured, and the Cap4 took him in as an honest Spaniard and he had Interest In the Cargo and the goods which he Carried a Shore belonged to the Cap4 w4h woh he was going to trade for Cocoa, and that they sold no warlike Stores but the Spaniards often times came on board to buy Powder of us, and to get rid of them the Cap4 Shewed them Some bad Powder and told them he had no other to Sell, which they would not buy and the People on board having a Design to carry off about one or Two Dozen Musheets woh the Boatswain Perceiving flung them all over board

Q: 11 Have you any knowledge of the Mate or Second Mates flinging over board any Mushets wcl1 was Sold to the Spaniards by the People

A I did not See them fling any overboard

Wynand Zaundyk

[Admiralty Papers, XI, 26]

And the Defend455 Coenraad Huyblings of Curracoa Mariner and Subject of the High and Mighty Lords the States Gen11 of the United Netherlands comes into this Honble Court, and Saith the Matters and things Sugested and alledged in the Libel aforesaid cannot be proved and therefore not Sufficient (by the Treaties Subsisting between the Crown of England and the High and Mighty Lords afores4) to Cause or procure a Decree for Confiscation of the Vessel and Cargo etc. afores4 and thereupon prays Iudgment

Henry Bull Adv. pro Defend4

[Admiralty Papers, II, 27]

I have duly considered the Libel of William Hopkins and likewise the Preparatory Examinations, And it appears Plainly to Me by the Evidences in Court produced that the Sloop Ufro Sarah her Cargo and Appurtenances belonged to the Subjects of the King of Spain open Enemies to Our Sovereign Lord the King, and that Don Pedro was a Spaniard and Merchant of Said Sloop and had the Sole Management of the said Sloop and Cargo and was a great Part Owner thereof himself, But as for the Slaves men* in the Libel it Appears plainly to me that four of them Viz, Quantie Claas of Anders Broke, Manuel Domingito, and D Tarian are free men and Subjects of the High and Mighty Lords the States Gen1 of the United Netherlands in Amity with Our Sovereign Lord the King, I therefore Order and Decree that they are forthwith Discharged and Set at Liberty, It likewise Appears to me the Negro Slave Called by the Name of Abraham belongs to Coenraad Huyblings the Maker of the aforesaid Sloop who is likewise a Subject to the High and Mighty Lord aforesaid, I do order and Decree that the said Negroe be Delivered to the said Coenraad Huyblings And the Surgeon of Said Sloop Ufro Sarah, Peter Cooprie (by Name) is a Subject of the King of France in Amity with our sa Sovereign Lord the King, Do further Order and Decree, that the Surgeons Chest with the Instruments and Medicines thereto belonging, with His wearing Apparrel be forthwith Delivered him, And the Aforesaid Sloop Ufro Sarah her Guns Tackle Appurtenances Cargo Moneys and all other things to sa Sloop belonging, Save what is before mentioned, I do Hereby Decree Lawful prize to the Captors and by them to be Divided According to their Agreements heretofore made And I do further Order and Decree that the sa William Hopkins Owners and Company pay the Cost of this Court

Newport June [September?] 6 1743 Leonard Lockman

[Admiralty Papers, II, 31]