167. Vote of Privateering Crew. June 29, 1744.[1]

Friday June 29th, 1744, at a meeting of the Captain and Officers on board the Hawk Privateer Samuel Waterhouse Comander; it was put to the vote wether we should follow and pursue the Sloop we have been in chase of

a True Copy from the
Original vote Book belonging
to the Hawk Privateer.
Reynolds Seager
Quartermaster to the
Owners of the Hawk.

Essex ss. Glocester Augst
the 13, 1744. then Reynolds
Seager the Quartermaster to
the Owners of the Hawk
pursonally appeared and gave
oath to the truth of what Is
Abov Rittn Before
Joseph Allin[3]
Justis Peace

168. Petition of William Ward. 1744.[1]

Capt. Waterhouse

Sr

I Hope Youll Excuse my Taking the Liberty in Writing to you. But as a poor Creminall Confined, hopes that you and the Gentleman in the Cabin will Pardon the abrupt Treattment, I have Used Latly, but all Owing To a Moros Way in answering when Called: Which I Acnowledge is Not showing agood Decoram: Sr, as for the Afair I Was Accused with last night it was Done intirely Thro ignorance, that is that I thought I might Speak freely without Shewing any Sedition: Sr, I must Likwise acnowledge in Not Obeing the mastr was ill Done. Which I hope you and the Gentlemen will freely Pardon: Sr, I am Sencible thro what I have Done, Deserves Being Broke of my Station. Now Sr, I hope youll be so Good as To Pardon One Who Never in this World New What it was To be Confined. Which I Pray god grant to you: Which is Gentlemen from Your humble Sert: To Comd:

Wm. Ward.

P.S. Gentlemen I hope for the Time To Come, To be Deserving of your favours.

169. Deposition of John Flood and Zechariah Foss. August 3, 1744.[1]

The Deposition of John Flood and Zachariah Foss who sail'd from Boston on the 25th of June last in the Privateer Hawk, Samuel Waterhouse Commander.

The Deponents testifye that being on Board the Brigantine Hawk commanded by Saml: Waterhouse, They on the 29th of June last, in the forenoon, betwixt the Hours of Eleven and Twelve, about 40 Leagues to the South East of Cape Briton, spied a Sloop steering northward, and observing that she had a White Pennant out[2] they gave her Chace, and easily outsaild her and having got within about a Mile of her the Sloop fir'd a Shot which fell about half a mile to Leeward of the Hawk, at the same time making all the Sail she could to run from us; upon which we fired at the Sloop five times successively; our first and second shot fell to Leeward, The third went thro' her Foresail, The fourth went thro' both her Mainsail and Foresail, The fifth struck her forward towards her Bow: upon which we were ordered to bear away, (being then at the Distance of about forty Pole from her, as near as we can judge) and as we bore away from the Sloop, we gave her three Chears (which were return'd us) and fir'd another Gun; The Sloop in the mean time bearing close upon the Wind in order to make her Escape. within the Space of about an Hour after, the Company in the Hawk agreeing (all save the Captain and the owners Quartermaster) to follow the Sloop and Engage her, We gave her Chace, but She having by that time got to the Distance of about 3 Leagues from Us to windward, and a thick Fog arising, we lost Sight of her by about four of the Clock in the afternoon; we however, kept our course in pursuit of her till the next morning, but saw her not again.

The Deponents further declare that the Number of Hands on Board the Hawk (including Boys to the number of 10 or 12) was one hundred and thirty eight; That she had twelve Carriage Guns—(viz: 2 nine Pounders, 2 six Pounders, and 8 four Pounders,) beside 20 or 22 Swivel Guns.

That the Sloop (so far as they could judge) was of not more than half the number of Tun as the Brigantine Hawk. The Number of her Men they could not guess at, being in great Measure cover'd by a Netting, which Surrounded them; Save that they observ'd em to muster thick on the Quarter Deck. That not coming a Breast with the Sloop, the Deponents could not discover the Number of her Guns, Save, that mr Flood imagined that he saw two Carriage Guns on her Larboard side.

The Deponents further declare that they verily believe that had the Brigantine Engaged the sloop, the former might easily have taken the latter, and that this was the Opinion of their Company in General.

They further add, that when orders were given for their bearing off from the Sloop, Capt. Waterhouse declar'd as a reason for so doing that his owners enjoyn'd him not to Engage with a Privateer. But that when it was Voted by the Company to pursue the Sloop, he appear'd well pleas'd that the matter was so over ruled, altho' his orders were otherwise.

The said Zachariah Foss further adds, that he heard Capt. Waterhouse say that thenceforward he would take all the Privateers that came in his way.

The sd Zachariah further declar'd that on the Day before the Hawk sail'd from Boston, sundry Gentlemen (whom he took to be her owners) being on Board, he heard e'm desire Capt. Waterhouse not to Engage any Privateer, for that the Vessel was not fitted for such a purpose, adding that should he take a Privateer, they should get nothing by it, but Rags and Lice and broken Bones.

And the Deponents further say not.

John Flood.
Zech Foss.

Suffolk, Boston, August 3, 1744. The above named John Flood and Zachary Foss made oath to the Truth of the foregoing Deposition.

170. Testimony concerning William Ward. August 4, 1744.[1]

On board the Hawk Privateer Samuel Waterhouse Comander, August 4th: 1744 att a Comitte of the Commander and Officers on board the Hawk Privateer: James Hudson, Charles Ward and John Woodbridge, being called as evidences against Will'm Ward Boatswain of Said Privateer, do testifie and say that at or upon the second day of August this instant they heard the said Will'm Ward speake in the Steeridge of Sd. Hawk that the Captain and Officers where[2] discharging the People (meaning some of the hands) in order to put their shares in their own Pockets, togeather with other Seditious and disrespective words.

James Hudson.
Charles Ward.
John Woodbridge.

171. Protest of Sailors. August 13, 1744.[1]

On the Thirteenth day of August Ao. Dom: 1744, And in the Eighteenth Year of His Majestys Reign Before me Benjamin Pollard[2] Notary and Tabellion Publick by Royal Authority duly Admitted and sworn dwelling and practising in Boston in New England Personally Appeared the several persons whose Names are hereunto Subscribed Sailors belonging to the Brigantine named the Hawk Called a private Man of Warr Mounting 12 Carriage and 20 Swivel Guns and Carrying 138 Men Commanded by Samuel Waterhouse now lying the Harbour of Cape Ann Who Severally Declared as follows. And First these Appearers say that the said Saml. Waterhouse in a late Cruize against the French and Spaniards Suffered a Small French Privateer whose force did not Exceed one third of the said Hawk and which it was in his Power to have taken without risque of his Vessell and Company, to escape after firing a few guns, by Voluntarily Parting from him with a Salute of Three Chears; And on the Twenty Ninth day of July last the sd. Brigt Hawk being in Consort with the Sloop Elizabeth a Private Man of Warr belonging to New-York of About 10 Carriage and 12 Swivel Guns and about 55 Men Commanded by Thomas Barns about Twelve o'Clock of that day descry'd a ship Standing to the Westward, the Hawk then Standing to the Eastward upon which Capt. Waterhouse bore away to the sd. sloop to Consult with Capt. Barns (who was then to Leward) About Engaging sd. Ship, and Capt. Barns ask'd what they Made of her, Waterhouse sd. he believed her to be a 40 Gun Ship, to which Barns answered, if she was an 80 Gun Ship he would See her, and then they Stood for her, the ship Still keeping her Course And About an hour before Sun Sett that day gott within About Three Quarters of a Mile of her, when the Hawk hoisted English Colours and fired a Nine Pound Shot at her, and the ship hoisted a French Jack on her Ensign Staff and returned a shot, which fell Short of the Hawk and after the Hawk had fired About 10 Guns and the Ship about 17 Guns, Waterhouse Commanded his Company to desist from firing and to bare away as fast as Possible, and Capt. Barns (who then lay to Windward by order of sd. Waterhouse) very Much Blamed Waterhouse's Conduct in leaving her and said that he (Barns) Intended to have got under her Stern and Raked her fore and aft, and the next Morning Saw a ship they believed to be the same but Waterhouse would not follow her but gave Chase to a smaller Vessell Called the St. John lately taken by him, but Barns was resolved to see her and accordingly went after her and found it was the Same Ship they had Engaged over night And further declared That the said Capt. Waterhouse has been guilty of a Breach of the Articles of Agreement respecting the said Cruize by rejecting and refusing the Vote of the said Company, That the said Waterhouse is a Man of a Moross, Froward and Barbarous disposition having during sd. Cruize used Many of these appearers very Inhumanely by Confining them in Irons Without any real Cause, and is Man of no Courage or Resolution daring not to Engage any Vessell of Equal force with his, but on the Contrary has turned his back on them, and these appearers verily believe that with the help of the sd. Sloop (who was Willing to Aid and Assist) the said Hawk Might have taken the aforesd: Ship, That the sd: Waterhouse Often declared on board that he had orders not to Engage any Privateer and that he Came out to take Merchantmen and such as he could run down, That these appearers have always acted up to their duty in their respective Capacitys on board said Hawk to the Utmost of their Power, And for the reasons Aforesaid These Appearers have left the sd. Hawk in Cape Ann Harbour and Come up to Town and requesting me the said Notary to Protest against the said Capt. Waterhouse and his Cowardice, Actings and doings.

Therefore I the said Notary At the request aforesaid did and do hereby Solemnly Protest against the said Samuel Waterhouse and his Cowardice, Actings, doings and Misconduct in and about the said Cruize as the Only reason of these Appearers Coming up to Town, and for all loss, Costs, Charges, damages and demands Whatsoever, Which they or any of them Shall or May Suffer Sustain or be put unto by Means thereof, And Lastly the appearers Declared that they are ready and Willing to go on board the Said Hawk Privateer and proceed in her on another Cruize under the Command of any Captain of known Courage and Conduct. Thus done and Protested in Boston the day and year before written

And To the truth of all which these Appearers have Severally Made Oath and subscribed their Names.

The aforegoing is a just and true Copy of the original Protest on Record in My Office, Attest.

Benja: Pollard Noty. Pubk:
1744.

Boston Augst: 14: 1744.

[1] Ibid., pp. 249-251. As to protests, see doc. no. 136, note.