HCA 13/70 f.570v Annotate

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Transcription

To the 7th hee saith hee well knoweth that what damage happened
to the Exeter Merchant, or to the Pilgrim aforesayd or their ladeing by reason of their
being driven fowle as aforesayd, or their being driven a ground as
aforesayd, was occasioned meerely by the sayd Smith and his
Companyes wilfullnes in cutting the sayd Exeter Merchants hawser
which was as aforesayd fastned to their cable, and hee is well assured
the sayd damage had not hapenedif the sayd Smith had not caused
his Company willfully to cut the sayd hawser of the Exeter Merchant
And further hee cannot depose./

To the 8th hee referreth him selfe to the Registry of this Court and
further hee cannot depose./

To the last hee saith his foregoeing deposition is true/

To the Crosse Interrogatories [CENTRE HEADING]

d ffrancklin

To the first Interrogatorie hee saith hee was boatswaine of the Exeter Merchant
the tyme Interrogated./

To the 2 Interrogatorie hee saith hee was present and on board the Exeter Merchant
at the tyme Interrogated and saith the premisses predeposed of in this deponents deposition
to the second third and 4th articles of the allegation were soe done in the afternoone
of the day (the tyme more certainly hee remembreth not) and saith there
were other persons present the tyme Interrogated besides the Company of the
Exeter Merchant, but hee knoweth the names of none of them, save one
Merritt a waterman, which was alsoe then aboard the Exeter Merchant And
further hee cannot answere./

To the 3 Interrogatorie hee saith he is of the age of 33 yeares or thereabouts, and
hath bin a mariner these 17 or 18 yeares last past and doth certainely knowe
the Customes by him predeposed of, and hath often andfrequently since hee was a mariner seene
shipps fasten one to an other in the River of Thames for one tyde, and
when they were laden, (as the Exeter Marchant was) and therefore
can certaynly depose the same/

Too the 4th Interrogatorie hee answereth and saith that at the tyme Interrogate
the shipp the ffrancis and Mary lay at the lower chayne at Lymehouse outward
bound, but was not then in the acte of receiving goods aboard, And saith
hee well remembreth that the Interrate Smith or sme of his Company did
tell the Interrate Woodfin that there was some Caske to come on
board the Mary and ffrancis (sic), and this deponent well remembreth that
the sayd Woodfin replyed to the effect following that hee would be noe
hinderance to their takeing in of any caske or other goods during
their lying there for that hee would vere off his shipp the Exeter Merchant if occasion
required, soe that the sayd Smith might take a board his shipp the
Mary (sic) whatsoever should be brought this hee knoweth being aboard the Exeter Marchant and plainely hearing the sayd words or the like in effect spoken And further hee cannot answere/

To