MefT. James Scrymgeour and Son, Merchants in
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Meff. William Alexander and Sons, Merchants in Edin burgh. Printed in obedience to an interlocutor of the court of Feb. 16. 1771.
Edinburgh, December 10. 1770. A me s W a d d e l tide-furveyor in Leith, aged 40 years, and A upwards, married, depones, T 1 at, as tide-furveyor, it is the deponent’s duty to board fuch veflels as come up to the Road of Leith from foreign parts, immediately upon their appear ance: That on the 8th of June 1766, the fliip the Duke of Atho!, B John Cowan matter, came up to the lload of Leith: That the de ponent then boarded her ; when fhe was reported to have come from Cape Fear ; and that the deponent rummaged every part of the Laid {hip, fo far as he could get in, to fee there was no prohibited C goods on board : That the fliip appeared to be loaded with lumber goods, fuch as ftaves, and al(o was loaded with tar ; and the fliip appeared to be quite full, in fo much that they had part of their loading in the fteerage where the men lie ; which is not very com- D mon, excepting in fhips from that country ; and that there was lumber, fuch as fpare fails, mens chefts, and other things, in the cabin; which is the ufual cuftdm when fhips are fully loaded: That when the fliip came into the harbour, the deponent was, in A the
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the courfe of his duty, prefent when the hatches were broke up, and the fhip appeared to him to be full, and regularly flowed ; and that he was afterwards, from rirne to time, prefent at the unload ing of the fhip ; and the hold and the ftowage, as they went down, appeared to him to be full, and regular, as in other (hips: I hat the deponent alfo faw a puncheon of rum on board of laid ihip; but whether it was in tiie (leerage or cabin, the deponent cannot remember at this ddlance of time, but, to the bed of the deponent’s knowledge, it was in the (leerage : That the reafon why the deponent remembers the day on which he fird boarded the.fhip fo fpeciafly, is, becaufe, by the duty of his office, he is obliged to keep a journal; which journal he looked at fince citation as a D witnefs: That upon reading over the depofition, the deponent obferves, that the cargo is faid to confid of lumber and tar ; where as the deponent’s meaning is, that the cargo confided of barrels of tm, and that the lumber, or daves, was put in the interfpaces to fill up vacancies, as in other ffiips. Depones, That the depo nent was bred a {hip-carpenter, and has built ffiips; and has all’o been at fea in the feafaring-way : That fome time before the fhip the Duke of Athol went the faid voyage, the deponent was employF ed by an acquaintance, who had a mind to purchafe the faid (hip, to view her, and give his opinion of her ; which he did ; and that he then obferved, that fhe was a ffiarp-built fhip, and would not anfwer his friend’s purpofe : That fuch ffiips as are (harp built do G not flow fo well as other ffiips which are flat built, or full built. DeP nes, I hat the fhip the Duke of Athol would not carry the fame quantity of fugar that fhe would do of rice, owing to the rice being in fmaller calks and half-cafks. Befides, fugar in the coming home H lads in the weight, owing to leakage; whereas rice lofes nothin-* if the cafks be tight : and the deponent has known a fiigar-ffiip haTf a foot lighter on her arrival than fhe had been when loaded; and this he thinks is owing to the leakage of the fugar?, and the waI ter-cafks of the fhip being expended, but the far greatefl part ow ing to the leakage of the fhip. And upon the purfuers interrogatory depones, That when he fir fl boarded faid (hip, he did not look at her . io narrowly on the outfides at the loading-marks, fVas now to K fay fhe was down in the water to the loading-marks, but that flie was fome inches down in the water above the bens’; but the particular inches the deponent cannot now fay, only fhe appeared as deeply loaded as fhips coming from that place ufually are. D pone?, That he does not exadly know what water the fhip'draws when
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when loaded, but thinks it is between thirteen and fourteen feet. A And being further interrogate for the purfuer, If, upon the hatch es of the ihip being opened, and the hatchway cleared of the tar and lumber, he examined the ihip fore and aft, fo as to fee if fhe was fully flowed up to the beams of the upper deck? depones, B That he did not examine the fhi-p for the particular purpofe of feeinn whether fhe was fully flowed ; but that in the courfe of his du ty he had occafion to go down between decks in the Ihip at that time, and that fhe appeared to him to be fully; and regularly flow- C ec|# Depones, That he never was on board a Imp m the V. dt In dies loading with fugar; but has been at the di(charge of many fuch cargoes, and thereby has had occafion to fee the flow age: That lie never was on board a Ihip loading rice in America. Arid D being interrogate for the defenders, Whether he has ever feen mips loaded or unloaded with .ice, or any where elfe ? depones, That lie has frequently feen fhips both loaded with rice and unloaded at Leith. Upon the purfbers interrogatory, depones, That, in his opinion, I: a hogfhead filled with fugar will be heavier than the fame hoglhead filled with rice ; but cannot fay what the difference may be, havino- never tried it. Caufa J'cienthe patet, & e. Robert Robb, merchant; in Leith, aged 22 years, unmarried, F depones, That in the year 17 66, the deponent aded as a clerk in the defenders counting-houfe at Leith, but that he now carries on bufinefs in Leith upon his own account, and has the ufe of Mr A lex mder’s counting room ; and has carried on bufinefs on his own Cr account for now near two years: That the deponent is in company with Ellis Martin ; and their company does the bufinefs of the de fenders at Leith, and is paid according to the pieces of bufinefs they tranfad, and have no yearly falary for the fame. 1 he a- II bove anfwers having been made to interrogatories put by the pur ifiers, the deponent, in anfwer to the defenders interrogatories, de pones, That he remembers the arrival of the fiiip the Duke of Athol at Leith in fummer 1766, and that one Paterfon aded as tide- I waiter aboard laid Ihip ; but with refped to any further particu lars he knows nothing. And this is truth, &c. Robert Paterfon tide-waiter at Leith, aged 65 years, married, depones, Nihil novit in caufa, excepting that he remembers, in June K 3766, he, and another waiter, who is now dead, was placed as of ficers on the flnip the Duke of Athol, on her arrival at Leith, by Mr Waddel fui veyor; and that line had then a cargo on board ; but whether-
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. • A whether me was fully loaded, or what the cargo was, the deponent does not at this time remember. David Gray, boatman in Leith, aged 52 years, married, de pones, That the deponent is one of the King’s boatmen; and that 13 fame time in fummer 1766, the ihip the Duke of Athol came up to the Road of Leith from a voyage: That at that time the depo nent, in the way of his duty, boarded her: That he carried James Waddel tide-furveyor alongfl with him ; and that they then rumC maged the fliip in fearch of uncuftomed goods : That the lhip then appeared to be loaded; and, to the beft of the deponent’s remem brance, her loading was tar and Raves: That from the outfide of the fliip, to the belt of the deponent’s remembrance, fhe appeared D to be pretty deeply loaded: That the deponent, after the fliip came into the harbour at Leith, faw her hatchways opened, and fhe then appeared to him to be full; but as there was lumber in the hatchway, he faw no further down. Upon the purfuers interroga E tory, Does not at this time remember, whether the water was up to the loading-marks of the fhip or n o t; nor does the deponent re member what water the fliip draws when flne is loaded. And fur ther depones, 7 hat he knows neither the precife number or quanti F ty of barrels of tar or Raves that were on board faid fliip ; but re members, that there was a cafk of rum, as he thinks, in the fleerage. Caufa fcientia patet, & c. John Ramage, a witnefs cited for the defenders, appeared, and Ksx of confent of the defender, was difmiflfed. ' Edinburgh, Dec. II. 1770. Ellis Martine, merchant in Leith, aged 31 years, married, deIT pones, upon the purfuers interrogatory, in initialibus, That for about five years preceding the year 1763, the deponent aded as clerk to the defenders; and that fince that time, he has done bufinefs upon his own account, in company, firft with Mr Dryfdale, I and thereafter with Mr Robb : That he at prefent, and for feveral years backwards, firft by himfelf, and thereafter witli his partner Mr Robb, have done bufinefs for the defenders upon comnuflian ; for which they are paid according to the particular pieces of bufiK nefs. done, but have no yearly fidary : That they tranfad their bu finefs in a counti^g-houfe, which is Mr Alexander’s property; and that the having the ufeof the faid counting-houfe is a part or the con fide rat ion given them by Mr Alexander for tranfading the faid bufinefs.
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bufinefs. And being interrogate for the defenders in caufa, de- A pones, That fome time in fummer 1766, he remembers the fhip the Duke of Athol came to the port of Leith from a foreign voyage, with a cargo of tar and lumber, i. e. fUves: That the deponent re ceived the faid cargo upon Mr Alexander’s account : That he faw B the faid ihip before (he began to unload ; but did nor take particu lar notice whether ihe was full or not, though he has reafon to think fhe was fu ll; for if Hie had not been full, he thinks the ma ker would have told him fo. Depones, That it is ufual for ma- G i ilers, when they do not get a full cargo, to take a protefl: againft the fkippers at the port of loading; which protelt is always produ* ced to the party who receives the goods, to intitle the fhipmailer to waile freight. Depones, That he is pofitive that he heard no- D thing oftheiliip’s not being full at the time aforefaid. Depones, That he knows nothing about the ftowage of (hips ; but he has heard it as a general opinion commonly received, that fmall cafks / ! ) / % < ; flow better than large caiks; and that the cafks in which tar is E always imported, are much lefs than thofe in which fugar is im ported, being lefs than a third of the fize. And, upon the purfuers interrogatory, depones, That he has heard, Captain Dick car ried out the fhip, and that he died abroad; and remembeis that F the fbip was brought to Leith by another perfon, whofe name he does not remember. Depones, That when he was on board the veflel before fire began to unload, fire was then lying in the har bour of Leith, and the hatches were not opened : That hogfheads G of fugar from Granada weigh from ten and a half to eleven hun dred weight grofs ; and the legal tare of fuch cafks is one hundred weight: That he never heard of a barrel of tar being weighed; nor does he know the weight of it; but with refpetfl to bulk, LeH is of opinion, that a Granada hogfhead of fugar may be equal to four barrels of tar from America. Caufa feientiepatet, fee. Edinburgh, Dec. r5. 1770. I James Scrymgeour purfuer, being cited by the defenders as a haver, depones, and exhibits four letters from John Cowan, mafler of the fhip the Duke of Athol, addreffed to James Scrymgeour and Son, merchants in Borrowftounnels, all marked and figned by K the deponent and commiffioner as relative hereto, Depones, That after fearching for letters which he had received from John Cowan B relative-
A relative to the voyage in queftion, he found the faid four letters now exhibited ; and he has no other letter from the faid John Covvan during the faid voyage in queftion, excepting fuch letters as have been produced in this procefs, anil the above four new B produced. And being interrogate, Whether he knows all the let ters which he gave to his agents have been produced in procefs ? depones, He gave the letters to Mr John Eafton the commiffioner, who was then his agent before the Admiral court, and alfo to C Mr Robert Sym writer to the fignet, his agent in this procefs; and he oeheves they have produced the whole, either before the Admiral, or in this procefs; but cannot be certain. And further oepones, That he kept all Mr Cowan’s letters relative to this .0 voyage by themfelves, left there ihould be occalion for them in the prefent difpute. And this is truth, &c. x, E
r, , , c . Edinburgh, Dec. 17. 1770. Robert Sym writer to the fignet, being cited by the de fenders as a haver, depones, and exhibits three miffive letters byJohn Cowan, add refled to the purfuers James Scrymgeour and Son, merchants in Borrowftounnefs; and which three miffive letF ters are marked by the deponent and commiffioner as relative hereto. Depones, That after diligent fearch made by him, he can find no other letters in his cuflody by the faid John Cowan to the purfuers, other than the three now exhibited by him. And this is C truth, &c.
Letter from John Covvan, matter of the (hip The D uke of Athol, to the purfuers, referred to in the precedingdeposition of Janies Scrymgeour, purfuer. G entlemen,
Wilmington, Cape-Fear River, Oft. 19. 176c. /
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His c°mes to inform you of my arrival here, after a very tedifome paffage of four weeks from St Chriftopher’s, where I wrote you from laft, dated the 15th September, informing you of the death of Captain Dick, who died at St Chriftopher’s the 6th, and I arrived the ijrth of this inftant here. I' am to get a new
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•new mainmaft here; and I am to get all the afliftance that I want fr'om the merchant; and our cargo is all clear to take in as foon as our ballaft is out, which will be in two days more. I expetfl to be clear for fea about the end of November at furthed ; for we cannot take in above’half our cargo here upon the account of lit tle water; we mud go down about eighteen miles lower down the river and take in the red. I (hall write you by the next fliip that fails for England, in any before myfelf. This is all at prefent rrom your humble and obedient fervant, J o h n Co w a n .
Extract of a letter from the faid John Cowan to the purfuers, referred to in the preceding depofition o f Robert Sym, agent for the purfuers. North Carolina, Cape-Fear River, Jan. 'if. 17 b6. € entlemen, T Take this opportunity of writing to you by a {hip for Portfmouth, to let you know, that I am now here clear for fea this four weeks, but cannot get out for want of a proper clearance. There is nine or ten fail lying here upon the fame account; but we expebt relief from England every day. I have got nova on hoard o f the floip 1010 barrels of tar, vahich fils the floip. &c.
Extract o f another letter the purfuers, referred the faid Robert Sym.
a Cowan to depofttion o f
North Carolina, Cape-Fear River, Jan. 31.1766. G entlemen,
T Take this opportunity, by a fliip for London, to inform you, A that I am now lying here loaded this four weeks, but cannot get out for want of a proper clearance, &:c.
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MefT. James Scrymgeour and Son, Merchants in Borrowftounnefe, a
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Meff. William Alexander and Sons, Merchants in Edin burgh. Printed in obedience to an interlocutor of the court of Feb. 16. 1771.
Edinburgh, December 10. 1770. A me s W a d d e l tide-furveyor in Leith, aged 40 years, and A upwards, married, depones, T 1 at, as tide-furveyor, it is the deponent’s duty to board fuch veflels as come up to the Road of Leith from foreign parts, immediately upon their appear ance: That on the 8th of June 1766, the fliip the Duke of Atho!, B John Cowan matter, came up to the lload of Leith: That the de ponent then boarded her ; when fhe was reported to have come from Cape Fear ; and that the deponent rummaged every part of the Laid {hip, fo far as he could get in, to fee there was no prohibited C goods on board : That the fliip appeared to be loaded with lumber goods, fuch as ftaves, and al(o was loaded with tar ; and the fliip appeared to be quite full, in fo much that they had part of their loading in the fteerage where the men lie ; which is not very com- D mon, excepting in fhips from that country ; and that there was lumber, fuch as fpare fails, mens chefts, and other things, in the cabin; which is the ufual cuftdm when fhips are fully loaded: That when the fliip came into the harbour, the deponent was, in A the
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the courfe of his duty, prefent when the hatches were broke up, and the fhip appeared to him to be full, and regularly flowed ; and that he was afterwards, from rirne to time, prefent at the unload ing of the fhip ; and the hold and the ftowage, as they went down, appeared to him to be full, and regular, as in other (hips: I hat the deponent alfo faw a puncheon of rum on board of laid ihip; but whether it was in tiie (leerage or cabin, the deponent cannot remember at this ddlance of time, but, to the bed of the deponent’s knowledge, it was in the (leerage : That the reafon why the deponent remembers the day on which he fird boarded the.fhip fo fpeciafly, is, becaufe, by the duty of his office, he is obliged to keep a journal; which journal he looked at fince citation as a D witnefs: That upon reading over the depofition, the deponent obferves, that the cargo is faid to confid of lumber and tar ; where as the deponent’s meaning is, that the cargo confided of barrels of tm, and that the lumber, or daves, was put in the interfpaces to fill up vacancies, as in other ffiips. Depones, That the depo nent was bred a {hip-carpenter, and has built ffiips; and has all’o been at fea in the feafaring-way : That fome time before the fhip the Duke of Athol went the faid voyage, the deponent was employF ed by an acquaintance, who had a mind to purchafe the faid (hip, to view her, and give his opinion of her ; which he did ; and that he then obferved, that fhe was a ffiarp-built fhip, and would not anfwer his friend’s purpofe : That fuch ffiips as are (harp built do G not flow fo well as other ffiips which are flat built, or full built. DeP nes, I hat the fhip the Duke of Athol would not carry the fame quantity of fugar that fhe would do of rice, owing to the rice being in fmaller calks and half-cafks. Befides, fugar in the coming home H lads in the weight, owing to leakage; whereas rice lofes nothin-* if the cafks be tight : and the deponent has known a fiigar-ffiip haTf a foot lighter on her arrival than fhe had been when loaded; and this he thinks is owing to the leakage of the fugar?, and the waI ter-cafks of the fhip being expended, but the far greatefl part ow ing to the leakage of the fhip. And upon the purfuers interrogatory depones, That when he fir fl boarded faid (hip, he did not look at her . io narrowly on the outfides at the loading-marks, fVas now to K fay fhe was down in the water to the loading-marks, but that flie was fome inches down in the water above the bens’; but the particular inches the deponent cannot now fay, only fhe appeared as deeply loaded as fhips coming from that place ufually are. D pone?, That he does not exadly know what water the fhip'draws when
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when loaded, but thinks it is between thirteen and fourteen feet. A And being further interrogate for the purfuer, If, upon the hatch es of the ihip being opened, and the hatchway cleared of the tar and lumber, he examined the ihip fore and aft, fo as to fee if fhe was fully flowed up to the beams of the upper deck? depones, B That he did not examine the fhi-p for the particular purpofe of feeinn whether fhe was fully flowed ; but that in the courfe of his du ty he had occafion to go down between decks in the Ihip at that time, and that fhe appeared to him to be fully; and regularly flow- C ec|# Depones, That he never was on board a Imp m the V. dt In dies loading with fugar; but has been at the di(charge of many fuch cargoes, and thereby has had occafion to fee the flow age: That lie never was on board a Ihip loading rice in America. Arid D being interrogate for the defenders, Whether he has ever feen mips loaded or unloaded with .ice, or any where elfe ? depones, That lie has frequently feen fhips both loaded with rice and unloaded at Leith. Upon the purfbers interrogatory, depones, That, in his opinion, I: a hogfhead filled with fugar will be heavier than the fame hoglhead filled with rice ; but cannot fay what the difference may be, havino- never tried it. Caufa J'cienthe patet, & e. Robert Robb, merchant; in Leith, aged 22 years, unmarried, F depones, That in the year 17 66, the deponent aded as a clerk in the defenders counting-houfe at Leith, but that he now carries on bufinefs in Leith upon his own account, and has the ufe of Mr A lex mder’s counting room ; and has carried on bufinefs on his own Cr account for now near two years: That the deponent is in company with Ellis Martin ; and their company does the bufinefs of the de fenders at Leith, and is paid according to the pieces of bufinefs they tranfad, and have no yearly falary for the fame. 1 he a- II bove anfwers having been made to interrogatories put by the pur ifiers, the deponent, in anfwer to the defenders interrogatories, de pones, That he remembers the arrival of the fiiip the Duke of Athol at Leith in fummer 1766, and that one Paterfon aded as tide- I waiter aboard laid Ihip ; but with refped to any further particu lars he knows nothing. And this is truth, &c. Robert Paterfon tide-waiter at Leith, aged 65 years, married, depones, Nihil novit in caufa, excepting that he remembers, in June K 3766, he, and another waiter, who is now dead, was placed as of ficers on the flnip the Duke of Athol, on her arrival at Leith, by Mr Waddel fui veyor; and that line had then a cargo on board ; but whether-
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. • A whether me was fully loaded, or what the cargo was, the deponent does not at this time remember. David Gray, boatman in Leith, aged 52 years, married, de pones, That the deponent is one of the King’s boatmen; and that 13 fame time in fummer 1766, the ihip the Duke of Athol came up to the Road of Leith from a voyage: That at that time the depo nent, in the way of his duty, boarded her: That he carried James Waddel tide-furveyor alongfl with him ; and that they then rumC maged the fliip in fearch of uncuftomed goods : That the lhip then appeared to be loaded; and, to the beft of the deponent’s remem brance, her loading was tar and Raves: That from the outfide of the fliip, to the belt of the deponent’s remembrance, fhe appeared D to be pretty deeply loaded: That the deponent, after the fliip came into the harbour at Leith, faw her hatchways opened, and fhe then appeared to him to be full; but as there was lumber in the hatchway, he faw no further down. Upon the purfuers interroga E tory, Does not at this time remember, whether the water was up to the loading-marks of the fhip or n o t; nor does the deponent re member what water the fliip draws when flne is loaded. And fur ther depones, 7 hat he knows neither the precife number or quanti F ty of barrels of tar or Raves that were on board faid fliip ; but re members, that there was a cafk of rum, as he thinks, in the fleerage. Caufa fcientia patet, & c. John Ramage, a witnefs cited for the defenders, appeared, and Ksx of confent of the defender, was difmiflfed. ' Edinburgh, Dec. II. 1770. Ellis Martine, merchant in Leith, aged 31 years, married, deIT pones, upon the purfuers interrogatory, in initialibus, That for about five years preceding the year 1763, the deponent aded as clerk to the defenders; and that fince that time, he has done bufinefs upon his own account, in company, firft with Mr Dryfdale, I and thereafter with Mr Robb : That he at prefent, and for feveral years backwards, firft by himfelf, and thereafter witli his partner Mr Robb, have done bufinefs for the defenders upon comnuflian ; for which they are paid according to the particular pieces of bufiK nefs. done, but have no yearly fidary : That they tranfad their bu finefs in a counti^g-houfe, which is Mr Alexander’s property; and that the having the ufeof the faid counting-houfe is a part or the con fide rat ion given them by Mr Alexander for tranfading the faid bufinefs.
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bufinefs. And being interrogate for the defenders in caufa, de- A pones, That fome time in fummer 1766, he remembers the fhip the Duke of Athol came to the port of Leith from a foreign voyage, with a cargo of tar and lumber, i. e. fUves: That the deponent re ceived the faid cargo upon Mr Alexander’s account : That he faw B the faid ihip before (he began to unload ; but did nor take particu lar notice whether ihe was full or not, though he has reafon to think fhe was fu ll; for if Hie had not been full, he thinks the ma ker would have told him fo. Depones, That it is ufual for ma- G i ilers, when they do not get a full cargo, to take a protefl: againft the fkippers at the port of loading; which protelt is always produ* ced to the party who receives the goods, to intitle the fhipmailer to waile freight. Depones, That he is pofitive that he heard no- D thing oftheiliip’s not being full at the time aforefaid. Depones, That he knows nothing about the ftowage of (hips ; but he has heard it as a general opinion commonly received, that fmall cafks / ! ) / % < ; flow better than large caiks; and that the cafks in which tar is E always imported, are much lefs than thofe in which fugar is im ported, being lefs than a third of the fize. And, upon the purfuers interrogatory, depones, That he has heard, Captain Dick car ried out the fhip, and that he died abroad; and remembeis that F the fbip was brought to Leith by another perfon, whofe name he does not remember. Depones, That when he was on board the veflel before fire began to unload, fire was then lying in the har bour of Leith, and the hatches were not opened : That hogfheads G of fugar from Granada weigh from ten and a half to eleven hun dred weight grofs ; and the legal tare of fuch cafks is one hundred weight: That he never heard of a barrel of tar being weighed; nor does he know the weight of it; but with refpetfl to bulk, LeH is of opinion, that a Granada hogfhead of fugar may be equal to four barrels of tar from America. Caufa feientiepatet, fee. Edinburgh, Dec. r5. 1770. I James Scrymgeour purfuer, being cited by the defenders as a haver, depones, and exhibits four letters from John Cowan, mafler of the fhip the Duke of Athol, addreffed to James Scrymgeour and Son, merchants in Borrowftounnels, all marked and figned by K the deponent and commiffioner as relative hereto, Depones, That after fearching for letters which he had received from John Cowan B relative-
A relative to the voyage in queftion, he found the faid four letters now exhibited ; and he has no other letter from the faid John Covvan during the faid voyage in queftion, excepting fuch letters as have been produced in this procefs, anil the above four new B produced. And being interrogate, Whether he knows all the let ters which he gave to his agents have been produced in procefs ? depones, He gave the letters to Mr John Eafton the commiffioner, who was then his agent before the Admiral court, and alfo to C Mr Robert Sym writer to the fignet, his agent in this procefs; and he oeheves they have produced the whole, either before the Admiral, or in this procefs; but cannot be certain. And further oepones, That he kept all Mr Cowan’s letters relative to this .0 voyage by themfelves, left there ihould be occalion for them in the prefent difpute. And this is truth, &c. x, E
r, , , c . Edinburgh, Dec. 17. 1770. Robert Sym writer to the fignet, being cited by the de fenders as a haver, depones, and exhibits three miffive letters byJohn Cowan, add refled to the purfuers James Scrymgeour and Son, merchants in Borrowftounnefs; and which three miffive letF ters are marked by the deponent and commiffioner as relative hereto. Depones, That after diligent fearch made by him, he can find no other letters in his cuflody by the faid John Cowan to the purfuers, other than the three now exhibited by him. And this is C truth, &c.
Letter from John Covvan, matter of the (hip The D uke of Athol, to the purfuers, referred to in the precedingdeposition of Janies Scrymgeour, purfuer. G entlemen,
Wilmington, Cape-Fear River, Oft. 19. 176c. /
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His c°mes to inform you of my arrival here, after a very tedifome paffage of four weeks from St Chriftopher’s, where I wrote you from laft, dated the 15th September, informing you of the death of Captain Dick, who died at St Chriftopher’s the 6th, and I arrived the ijrth of this inftant here. I' am to get a new
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•new mainmaft here; and I am to get all the afliftance that I want fr'om the merchant; and our cargo is all clear to take in as foon as our ballaft is out, which will be in two days more. I expetfl to be clear for fea about the end of November at furthed ; for we cannot take in above’half our cargo here upon the account of lit tle water; we mud go down about eighteen miles lower down the river and take in the red. I (hall write you by the next fliip that fails for England, in any before myfelf. This is all at prefent rrom your humble and obedient fervant, J o h n Co w a n .
Extract of a letter from the faid John Cowan to the purfuers, referred to in the preceding depofition o f Robert Sym, agent for the purfuers. North Carolina, Cape-Fear River, Jan. 'if. 17 b6. € entlemen, T Take this opportunity of writing to you by a {hip for Portfmouth, to let you know, that I am now here clear for fea this four weeks, but cannot get out for want of a proper clearance. There is nine or ten fail lying here upon the fame account; but we expebt relief from England every day. I have got nova on hoard o f the floip 1010 barrels of tar, vahich fils the floip. &c.
Extract o f another letter the purfuers, referred the faid Robert Sym.
a Cowan to depofttion o f
North Carolina, Cape-Fear River, Jan. 31.1766. G entlemen,
T Take this opportunity, by a fliip for London, to inform you, A that I am now lying here loaded this four weeks, but cannot get out for want of a proper clearance, &:c.
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