
    James Collingwood, commander of the Sloop Charming Betty vs. Ship Oratava, and her cargo,
    1740
   Colony of Rhode Island etc. Curia Admiralatatis At a Court of Vice Admiralty held at Newport in wthin and for sd Colony the 4th day of July A:D. 1740.

George Simpson On Oath Declares as follows Viz4

Qn Was you any officer on board the Ship Oratava, from Tenereef

Answr no

Qn what was you on board the sa Ship Oratava

Answr Assistant to John MaoCarrick who was Supercargo of sa Ship

Qn when did you come on board sa Ship and where

Answr I came on board at S4 Santecruize sometime in April last

Qn Who are Owners of the sa Ship

Answr David Lockhart of Tenereef, is Sole Owner and in Compa wth Alexn Dundas of London wth the Cargo

Qn What does your Cargo consist of

Answr Malursy and Vidonia Wines

Q* Have you no other Goods on Board

Answr No

Qn Where did you take them Wines on board

Answr at Santecruize upon the Island of Tenereef

Qn Are they the produce of that Island

Ansiur Yes.

Qn Where was you dessyn’d with those Wines

Answr directly for Rhode Island

Qn Who was you Consigned to

Answr To Mr MacCarrick the Supercargo

Qn What time did you fall in with the New England Shore

Answr about the 20th June last

Qn What land did you make first

Ansivr Cape Codd

Qn Where did you come to an Anchor

Answr Off the Race Point first — and lay there two or three Tides — and then Weighed and went into Cape Codd Harbour

Ql how long did you stay there at Cape Codd Harbour

Answr from Sunday to Wednesday

Qn What Goods did you put out there

Answr none

Qn Where did you go from Cape Codd

Answr Came round over the Shoals

Qn how long was it from Cape Codd till you came into Tárpaulin Cove

Answr Two or three days

Qn did you put any person or Goods on Shoar at Cape Codd or elsewhere

Answr Landed one Mr Hubbard in Cape Codd Harbour

Qn Was you on board when Mr Hubbard went away

Answr Yes I was on board when sa Hubbard went away, and that there was no Goods sent away while I was on board

Qn how long did you tarry at Tarpaulin Cove

Answr One Tide and then Weighed

Qn whereabouts did you first se the Cruizers that brought you in

Answr I doe not know the Name of the Island

Qn how came you to Fire upon the Cruizers Boat when she was coming on Board

Answr We took her for a Spanish Boat

Qn Did you se Colours flying

Answr Yes, but did not distinguish what Colours they were

Qn "What reason had you to think there was a Spaniard on this Coast so near

Answr The Cap* went on Shoar at Honne’s Hole to buy provissions, and was told, there was a Spaniard upon the Coast

Qn where had you the first intelligence of two privateers being out from here

Answr at Home’s Hole

Qn by whom had you the intelligence

Answr The Cap4 had it on Shoar at Home’s Hole

Qn how came you to leave your Ship, with your boat Arm’d to go on Shoar

Answr We thought they were Spaniards

Q'1 did you really think they were Spaniards

Answr Yes.

Q’1 did not some of you present Arms against the boats Crew when they came on Shore

Answr not to My knowledge

Qn did you come directly away with out any Parly when you se they were Englishmen

Answr Yes

Qn As you are to Assist Mr MaoCarrick was there any, Bills of Lading

Answr I never se any

f> Is there any more Registers then One belonging to sa Ship

Answr not to My knowledge

£> Do you know of any other papers belonging to sa Ship then what is now in Court

Answr I do not know of any other papers relating to the Ship or Cargo

Qn Where was you intended wth this Ship after your Arrival at Newport

Answr we were bound as our Instruction directed

George Simpson

Robert Williamson On Oath Declares as follows Viz4

Qn where was you Shipt Commander of the sa Ship Oratava

Answr in Boston

Qn by whom

Answr by James Bowdoin

Qn where was you to proceed

Answr to Tenereef

£> when was you Shipt

Answr in July 1739

Qn where did you proceed from Tenereef

Answr Took in a Cargo of Wines at Tenereef and proceeded to Philada

Qn what time did you Sail from Tenereef

Answr Ab* the latter end of September last

Qn when did you Arrive in Philada

Answr about the last of October

Qn how long did you stay there

Answr left the Capes of Delaware the 10th of Decr

Qn Where did you go from there

Answr I Arrived in forty two days after, at Tenereef

Qn to Whom did your Vessel and Cargo belong to at that time

Answr Wholly to David Lockhart to the best of my knowledge

Qn how long did you stay in Tenereef

Answr about Ten Weeks

On what did you take on board there

Answr Wines, of the produce of that Island

Qn by whom were them Wines Shipt

Answr by Mr David Lockhart

Qn Were they his own Wines

Answr They were all Shipt by Mr Lockhart on his own proper Acco* and Risque to the best of my knowledge

Qn how many Pipes of Wine did you take on board in all

Answr about Two hundred and forty

Qn Did you sign Bills of Lading for Two Hundred and forty

Answr Yes

Qn Who was your Bills of Lading given to

Answr to Mr John Mac Carrick

Qn Whose risque was the Cargo upon by the Bills of Lading

Answr Upon the risque of David Lockhart

Qn What time did you Sail from Tenereef

Answr About the 26th day of April last

Qn Where was you to proceed from thence

Answr to Rhode Island

Qn had you any other Clearance then what is produced here

Answr no not any

Qn when did you make the New England Shore

Answr about the 23a of June last

Qn what Land did you make first

Answr Cape Codd

Qn where did you first Anchor

Answr Off the Cape

Qn how long did you stay there before you first went into a Harbour

Answr Two Tides, and then went into Cape Cod Harbour

Qn how long was you in Cape Cod Harbour

Answr went in on Sunday and came out on Wednesday

Qn did you land any Goods or people there

Answr One passenger

Qn what was his Name

Answr Michael Hubbard Inhabitant of Tenereef

Qn What Goods did you put out when you was at Cape Codd Harbour

Answr none to my knowledge

Qn did you put out any Goods since you come to the New England shore

AnsW' not any to my knowledge or by my Order

Qn where did you proceed from Cape Codd

Answr directly for Rhode Island where I was bound to

Qn where did you Anchor when you saw the Privateer .

Answr off from Slocumss Island

Qn how come you to Fire upon the Privateers Boat

Answr I took her to be a Spanish Lanch or Canoe

Qn did you not se English Colours on board the Privateer when they Fired at you

Answr no — but se Colours but could not distinguish what they were

Qn had you not an Account of Two Privateers being out of Newport

Answr yes at Home’s Hole — we heard of two privateers being out of Rhode Island in search of a Spanish privateer

Qn by whom, had you that Intelligence

Answr by one of the pilots at Homes Hole

On had you not some Account sent you from this place or Boston of privateers being out in search of you

Answr no

Qn by what privateer was you taken

Answr Cap* Collingwood took possession of sa Ship

Qn doo you know of any other Papers relating to sa Ship and Cargo then what are now in Court

Answr I know of no other, save the Bills of Lading

Qn who was them Bills of Lading delivered to when you signed them

Answr I delivered them to Mr David Lockhart, who I believe delivered them to Mr M° Carrick

Qn what was the reason the Ship is called in the Register by the Name of the Oratava and in the Journal’s kept for this Voyage the Fortune

Answr because the Ship was formerly known here and they did not care she should be exposed

Qn what was the reason that they was afraid the Ship shou’d be exposed

Answr because of the difficult times, and did not know whether the Ship might be admitted to an entry.

Qn what port was you designed for from Rhode Island

Answr I can’t tell, I was to follow Mr M° Garricks Instructions

Qn Where is your Orders

Answr I left them in my Chest on board

Qn how long was you under Seizure at Tenereef

Answr Not at all

Qn whether Mr David Lockhart is an Inhabitant at Tenereef etc. Marryed there

Answr Yes.

Qn how cou’d you pretend to enter that Ship here by the Name of the Fortune, when She is not Nominated so in the Register

Answr Could not I enter my Vessel by any other Name

Qn Why was it that the two Journals say you came from Madera, when in fact you came from Tenereef

Answr It was with a design to prevent the Wine being Seized and to come to a better Market

Robert Williamson

Tames Adamson Mate of the sa Ship Oratava on Oath Declares as follows Viz4

Qn When and where was you Shipt on board of sa Ship

Answr Shipt in May 1739, at Boston

Qn by whom was you Shipt

Answr Robert Williamson to proceed for Tenereef and from thence to Boston or Philadelphia w411 Voyage to Philada we proceeded wth a Cargo of Wines

Qn what time was you in Philadelphia

Answr We left Philada the beginning of December with a Cargo of provisions chiefly and a few Staves.

Qn where did you go from thence

Answr The Cap4 told us we were bound for Madera but went to Te'nereef in the Canaries and there unloaded our Cargo

Qn who was your Owner

Answr I understood Mr David Lockhart of Tenereef

Qn how long did you stay at Tenereef

AnswT about Ten Weeks

Qn what did you Load with there

Answr with Wines which I believe to be the growth of .that Island

Qn where was you to proceed with these Wines

Anstur For Rhode Island

Qn where did you fall in with the Land of New England

Answr Off Gape Codd

Qn what Harbour was the first you went into

Answr Cape Codd

Qn how long did you stay there

Answr Two days.

Qn What Goods and people did you put on Shoar there

Answr One passenger Named Hubbard and also Two Hogsheads of Wine woh was put on board of a Sloop for Boston

Qn by whose Orders

Answr by Mr M° Carricks, who was then On board

Qn what other Goods did you Land since you made the Coast of New England

Answr none

Qn where was you Shipt to from Rhode Island

Answr I was to be discharged here, as likewise was all the rest of the people

Qn what is the reason for your calling the Ships Name Fortune Galley, George Simpson Master from Madera to Rhode Island in your Journal, when She is called the Oratava and Robert Williamson Master from Tenereef in Several other Papers.

Answr I was Ordered to do so by Cap4 Robert Williamson who with Cap4 Hubbard made up the difference of Latitude and Longitude betwixt Madera and the Latitude we were then in, which was then about 20 Leagues Sth South West from Tenereef and Ordered me to Continue my Journal as from Madera

Qn do you know the reason why they Ordered you to alter your Journal and the Ship and Capts Name

Answr I know nothing of their design for it

Qn was the Ship under any Seizure or difficulty that you cou’d discover by the Government or any other persons there at Tenereef

Answr no

Qn had you any force or Arms sent on board of you to protect you from a Spanish Privateer that lay there

Answr Yes. there was Nine or Ten Carriage Guns and some Men sent on board from the Shore for to defend us against sd Privateer

Qn who were they sent by

Answr I suppose by the Merchant

Qn what Countrymen did they appear to be

Answr I took them to be Bayucainers

Qn how far did they go with you

Answr about Twenty Leagues

Qn how did they leave you

Answr A Brigantine came out with us under Portegues Colours and carryed them back.

James Adamson

George Ropes on Oath saith as follows Viz4

Qn Where was you Shipt on board the Ship Oratava

Answr at Tenereef the 20th day of April last

Qn by whom

Answr by Cap4 Robert Williamson

Qn how long was you on board before the Ship’s Sail’d

Answr ab4 Nine or Ten days

Qn Was the sa Ship Loaded when you went on board of her

Answr She was almost Loaded

Qn Where was you Shipt for

Answr for some part of New England

Qn was there any Seizure upon Ship or Goods or any Stoppage

Answr None as I know of

Qn had not you some Men and Guns put on board of you

Answr Yes, Nine Carriage Guns and about 20 Men Spanish and Irish

Qn by whose Order were they put on board

Answr As I understood they were put on board by the Merchants Order with the Governours leave

Qn for what reason were they put on board

Answr to guard us against a Spanish Privateer that lay off

Qn How far did they go off with you

Answr About 30 or 40 Leagues

Qn What became of the Men and Guns

A.nswr A Brigantine under Portugués Colours went with us and took them on board

Qn what part of New England did you fall in with first

Answr Cape Codd

Qn where did you Anchor

Answr in Cape Codd Harbour

Qn how long did you stay in Cape Codd Harbr

Answr About two days

Qn did you Land any people on Shore there

Answr Yes, One Man Named Hubbard

Qn what was he

Answr An Irish Cap* an Inhabitant of Tenereef that came to look after a Ship

Qn What Goods did you unload there

Answr Only Two Hogsheads of Wine and One Cask of Fruit

Qn did you put out any other Goods since you have been upon the Coast

Answr None other to my knowledge

Qn where was you to proceed from Rhode Island

Answr we were to be discharged here

£> did you touch at Madera

Answr No, but came directly from Tenereef here

George Repes

Thomas Potts likewise swore to the Truth of the above evidence.

Thomas Potts

Cap* James Collingwood Commander of the Privateer Charming Betty On Oath Declares as follows Viz*

Qn When did you Sail out of this Port

Answr On Monday, June the 30th about Nine of the Clock P.M

Qn had you Intelligence of any foreigne Vessel upon the Coast before you went out

Answr Yes — -I had Intelligence of a Ship from the Canary Islands Loaded wth Wines

Qn Where did you hear that she was

Answr In or near the Vineyard Sounds

Q_n When did you come up with her

Answr About 10 aClock A: M the ist July

Qn Did you put Men on board of her as soon as you came up w*h her

Answr I sent my Lieu* Mastr Carp* and 12 More of my hands

Qn Which of your officers searched for the papers on Board

Answr My Lieu*

Qn Are these all the papers now produced in Court relating to the sa Ship and Cargo that came to your hands without any fraud Addition Subduction or Embezelment

Answr they are all

Qn had she any Colours on Board besides English, when you boarded her

Answr Not that I know of then, but afterwards one of my people Inform’d me that she had other Colours on board of her

Qn Did you not enquire for Bills of Lading.

Answr I did of the Master, and he told me that he left them on board in his Chests or were left, if not there

Qn You have not suffered any of your people to break bulk

Answr I did not, but gave strict Orders to the Contrary

James Collingwood

John Robinson Lieu* of the sa privateer Charming Betty

James Collingwood Commander On Oath Declares as follows Viz*

Qn When did you come up with the Ship Oratava now brought in

Answr I attempted to go on board of her in a Canoe, with five hands between Eight and Nine of the Clock on Tuesday Morning the is* July, but they fired several Shots and We retired to the Sloop which was about a Mile and a half distant from said Ship and then went on board of the privateer Which was Rowing at the same time to come up with said Ship — And upon our coming on board, about a Quarter of an Hour after we fired a Shot from the Privateer, and continued Rowing untill we came near her, And then I was sent on board with three hands, and found no body on board, the people being gone with their boat on Shore

Qn Did you Search the Ship for papers when you first Entered on board

Answr Cap* Collingwood called to me and Ordered me to search and Secure all papers that I could find on board, Which I Accordingly did and bound them up in a Pillow Case and handed them into our Canoe in Sight of Cap* Collingwood and the rest of our officers who were nigh sa Ship

Qn Do you know, the particular papers you sent on board

Answr No. but as I am on Oath I put every paper that I could find in to the sa Pillow Case as they came to hand, Without any .fraud addition Subduction or Embezelment and sent them immediately on board afores4

Qn Did you, while on board sa Ship suffer Bulk to be broken or any Embezelment of any thing belonging to sa Ship

Answr No to the Contrary I sent on board of the privateer for our Own provisions and Liquor and other Necessarys we wanted.

John Robinson

John Gale Master of the Sloop Charming Betty James Collingwood Commander On Oath Declares Viz* That he was on board of sa privateer, and upon Deck, on the is* day of July About Nine or ten a Clock A: M. When they came alongside of the Ship Oratava at a little distance, where I se the afores4 John Robinson hand a Bag or Pillow Case with papers over the Ships side into sa Canoe the which Canoe started off from sa Ship along side of the privateer and handed the sa Bag or pillow Case up to Cap* Collingwood in my presence. Upon which Cap* Collingwood opened sa papers in presence of me, James Clark, the Cap*s Quarter Master and several of the Company on board.

Qn What did he do with them afterwards

Answr I left them in Custody with the Cap* for I was Ordered on board of the Ship to bring her in to Rhode Island.

Qn Did you find or know of any papers kept on board of sa Ship besides what was sent on board in the pillow Case or Bag

Answr No.

John Gale '

James Clarke Cap*s Quarter Master On board of the Sloop Charming Betty, James Collingwood Commander on Oath Declares as follows Viz*

Qn Did you go out with Cap* Collingwood in sa Sloop in his last Cruize

Answr Yes

Qn When did you Sail

Answr The 30th of June last, ab* 9 a Clock P: M

Qn When did you come up with the Ship that is now brought in

Answr On Tuesday the ist July at 10 a Clock A. M

Qn Are you knowing to what papers was found on board sa Ship

Answr I know thus far that I saw John Robinson our Lieu* hand a Bag or pillow Case with Papers over the Ship Oraravo’s Side into our Canoe the which Canoe sheared off onboard of in the privateer, and there I saw said Bag or pillow Case handed up to Cap* Collingwood, upon woh Cap* Collingwood turn’d said papers upon the Table and Examined some of them and then Cap* Collingwood and I tyed them up in parcells and put them into the pillow Case safe and bound them up

Qn Do you know of any other papers Relating to that Ship or Cargo than what was delivered to Cap* Collingwood Without any fraud addition Subduction or Embezelment

Answr No — not any

James Clarke

All the before Named persons Personally appeared in Court before me and made Oath to the truth of the beforewritten Evidence by each of them Signed

Present Jos. Fox Regr Geo: Dunbar, D J. Admty

[Admiralty Papers, I, 7]  