174. Deposition of John Brown. August 2, 1745.[1]

John Brown of Holywood near Belfast[2] in the Kingdom of Ireland being Sworn,

1st. To the first Interrogatory saith that he Knows the Ship called the Apollo now rideing at Anchor in this Port of Philadelphia; That he first Knew the said Ship At the aforesaid Port about Seven Years ago, but the Particular Time does not now remember; That he was hired by Alexander McMullen the Commander of the said Ship on or about the Nineteenth Day of March last past at Larn[3] in the Kingdom of Ireland aforesaid to proceed with the said Ship as Chief Mate thereof from thence to Virginia; That the said Ship at her Departure from Larn aforesaid was not Laden with any Goods, Wares or Merchandizes but in her Ballast; That the said Ship Apollo in the prosecution of the said Intended Voyage was taken as a Prize on the Sixteenth day of June last past upon the High Seas near the Capes of Virginia by a Spanish Privateer Snow; That the Commander of the said Privateer after he had taken Possession of the Ship Apollo brought over board her into his own Vessel the Master and all the Men belonging to the said Ship except this Deponent and one Boy, and at the same time put on Board her Sixteen Mariners belonging to the said Spanish Privateer Snow; That on or about the twentieth Day of the said Month of June the Commander of the said Spanish Privateer caused to be laden on Board the said Ship Apollo several Goods, Wares and Merchandizes the Cargo of a Certain British Snow which the said Privateer had taken a few Days before; That soon after the said Goods, Wares and Merchandizes were put on Board the said Ship Apollo she was seperated from the said Spanish Privateer; That he this Deponant was on Board the said Ship Apollo at the Time of such her seperation and saith that she remained under the Conduct of the said Sixteen Spanish Mariners who were put on Board her on her being first taken as aforesaid (in order to carry her to Laguira[4] as they informed this Deponant) untill the twelfth day of July last past when the said Ship Apollo was attacked and Retaken as a Prize on the High Seas by an English Privateer Sloop called the Trembluer[5] whereof Captain Obadiah Bowne was Commander;[6] That upon the Recaption of the said Ship Apollo by the said Sloop the said Captain Obadiah Bowne put on Board her twelve or Thirteen Mariners in order to navigate and carry her to this Port of Philadelphia where she arrived the first day of this Instant Month of August and till which Time the said Deponent Continued on Board her from the Time of her being Retaken as aforesaid.

2d. To the second Interrogatory this Deponent saith that the said Ship apollo at the Time of his being Shipped as Chief Mate of her as aforesaid did belong to Richard Oswald[7] and Company Merchants residing in Glascow in Scotland and subjects of the King of Great Britain as this Deponent was informed by the said Alexander McMullen then Master of the said Ship Apollo. And this Deponent further says that he does no[t] Know to whom the Goods, Wares and Merchandizes taken from on Board the said Ship Apollo did belong, but says that he Knew and was well acquainted with James Bowne the Commander of the said British Snow at the Time of her being Taken as aforesaid.

John Brown.

175. Deposition of Diego de Prada y Nieto. August 2, 1745.[1]

Diego De Prada y Nieto of Sevilla in the Kingdom of Spain being Sworn

3d. To the third Interrogatory Saith That he Knows the Ship called the Apollo now riding at Anchor in this Port of Philadelphia; That he first saw the said Ship Apollo on the High Seas on the Twenty seventh or Twenty eight day of June last, New stile,[2] about the distance of Twelve or thirteen leagues from the Capes of Virginia; That the Persons then on Board the said Ship were Subjects of the King of Great Britain; That the said Ship Apollo at or about the place and Time aforesaid was Attacked and Taken Prize [by] a Spanish Privateer Snow called the Neustra Senora De los Dellores y Animas[3] Commanded by Don Carlos Francisco de Bissava and Navigated by Eighty Mariners all Subjects of the King of Spain; That immediately upon the said Ship Apollo being taken as aforesaid this Deponant with fifteen or Sixteen Spanish Mariners belonging to the Said Spanish Snow were sent by the said Capt. Don Carlos Francisco de Bissava on Board the said Ship Apollo whereof they took possession; That the Command of the said Ship Apollo was given to this Deponent with orders to carry her to Laguira on the Coast of Caraccas in new Spain;[4] That on or about the thirty first day of June last N.S.[5] the said Capt. De Bissava caused to be put on Board the said Ship Apollo sundry Goods, Wares and Merchandizes being the Cargo of a Certain Snow taken by a Spainish Privateer about five days before, two legues from the Coast of Virginia, but the Names of the Owners or Commander of the said Snow this Deponent Knows not but has heard and believes tha[t] she belonged to the Subjects of the King of Great Britain; That the said Depont. with the said fifteen or Sixteen other Spanish Mariners Continued in Possession and had the Care and Conduct of the said Ship Apollo untill the 23d day of July last, New Stile,[6] when she was attacked and Retaken by an English Privateer Sloop called the Trembleur whereof Capt. Obidiah Bowne was Commander; That the said Captain Bowne immediately upon his retaken the said Ship Apollo put on Board her thirteen Men who Conducted and brought the said Ship to this Port of Philadelphia.

4th. To the fourth Interrogatory This Deponent Saith That among the People who were put on board the said Ship Apollo by the Spaniards there was one Mullato man who was called Limena whom this Deponent says is a free man, and that he, this Deponent had been informed by several and by the said Mullato himself that since the Commencement of the War between England and Spain he was Taken and Carred in to Jamaica and there sold as a Slave and that he run away from the English and got among the Spaniard And this Deponent further heard that he belonged to a Privateer Commanded by Don Pedro De Parieveck and that having quarreld with one of the Officers on board the same, the said Commander by a Letter desired the said Captain Don Carlos Francisco de Bissava Commander of the said Spanish Privateer Snow called the Neustra Senora de los Dellores y Animas to receive the said Mullato on board the same and that he was received aboard accordingly and was to draw an equall share with the Whitemen and did receive ten pieces of Eight Advance money being the sum the Whitemen also receivd and the said Mullato was looked upon by the People on Board the said Privateer as a freeman and by some of them was well known.

Diego D Prada
Lone Nieto.