HCA 13/71 f.282v Annotate

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the said Otters shipp and to avoide doing or receiving dammage
to which purpose they bore up the helme with all speede and diligence
braced their main saile and maine top saile in the winde, [?brayled] their missen
and used all other meanes to the end aforesaid of avoiding dammage, all
which hee knoweth being carpenter of the said shipp the Samuel and
then at the helme.

To the second article hee saith and deposeth that notwithstanding all
the diligence used as aforesaid by the said Lee and company and their
bearing up forthwith upon the calling out of the said Otter, yet the said
Otters shipp came with full saile and ran aboard the Samuel, and
much endangered the sinking of the Samuel with her lading of
coales, and brake the stemme and head of the Samuel, and [XXXXX GUTTER]
downe her upper deck and brake three beames of her fore castle, and
carried forth two foote of planck under her fore channell, and
did her much other dammage; which hee knoweth being present
and seeing the same as aforesaid; and saith that by the said
Otters shipp soe running aboard and maiming the Samuell as
aforesaid, the said shipp the Samuel became so leakie that the
said Lee and company had much adoe to keepe her floating and
were constrained for her preservation to put with her into Scarborough
But for the valew of the said dammage or the name of the
said Otters shipp hee saith hee knoweth it not. And further hee
cannot depose.

To the third article hee saith that the said Otters said shipp by her
running against the Samuel having alsoe received some dammage,
bore up toward whitby, whereas her master and company might
have carried her into the [?Peer] of Scarborough, and have bin there
two howers before the running in thither of the said shipp Samuel
and soe have saved her from the disaster which befell her in
runninge ashore in Robin Hoods Bay and being there bilged on a
rock, And otherwise hee cannot depose saving that whitby was
diverse leagues further from the place of such the comming fowle of
the said Otters shipp on the Samuel than Scarborough was, and otherwise
hee cannot depose.

To the fourth article hee saith that notwithstanding the premisses
the said Otter saved all his said shipps masts, sailes, yards, anchor[?s, GUTTER]
cables, and boats, and afterwards sold the hull of his shipp
for fifteene pounds, and as this deponent was credibly informed he
was offered for his coales after the rate of 12 d for each horse load
of the same, And otherwise hee cannot depose.

To the fifth hee saith that if the said Otter had carried his said
shipp into Scarborough, hee had in all probabilitie have saved her and
her goods, and had her bin repaired with a small charge, and this deponent
conceiveth the losse and dammage of happened to the said Otters shipp and goods
to have soe happened by the meer willfulnes of the said Otter and
company, and is well asured that the same happened not by or
through any fault of or in the said Lee and company or any of
them yeelding [?a reason] of his knowledge, for that hee sawe
and tooke notice of the premisses and the circumstances thereof, And
otherwise cannot depose./

Repeated before doctor Godolphin

John deane [SIGNATURE, RH SIDE]