
    
      Phenix vs. Magdalene, 1744
   At a Court of Vice Admiralty held at Newport on Saturday the 11th Aug4 1744, in Order to take the Preparatory Examination.

Before the HonWe Leon4 Lockman Esq4 Judge

M1' Peter Marshall first Leiu4 of the Sloop the Phenix whereof Wm Bennetland is Master. On Oath in Court gave Answers to these Questions

Ques* 1st When and Where and by whom was the Schooner taken brought into this Port by you as Prize

Ansr On or about the 27th day of July last in the Latt: 44 N: Long. 54. by Cap4 Wm Bennetland in the sloop Phenix

Ques* How many Persons were there on board the s4 Schooner at the time of Capture and of what Nation were they

Ansr Eleven all french

Ques* Are the Papers now Produced in Court all that were found on board at the time of Capture without any fraud Subduction Addition or Embezelment

Ansr They are all that I know off.

Peter Marshall

Wm Strengthfield was Sworn french Interpreter

Auger Lauga late Master of the Schooner the Magdalene bro4 into this Port by Leiu4 Marshall as afores4 on Oath in Court gave Answers to these Quest”3

Ques* i3t When and where and how and by whom were you taken in the Schooner Magdalene and how long have you known her declare all that you know.

Ansr on the 7th day of Aug4 N. S. to the Southward of Cape Briton about 40 Leagues, by Cap4 Bennetland without making any resistance and have known her about A year

Q* Where was you bound.

Anr to S4 Pierre at Martinico

Ques* 24 To whom did the Schooner belong ever since you knew her

Ansr To Mess43 Lariviere Mervin and Joseph Closel all Subjects of the french King one an Inhabitant of S4 Malo the Other of Martinico

Quest What does her Cargo Consist of now on board and to whom does it belong

Ansr Salt fish A Barr1 Salmon. Plank and Seven anchors train oyl. which all belonged to the Owners of sa Schooner.

Auger Lauga

Phelix Ducamp A Mariner on board sa Vessel on Oath in Court gave Ansra to these Questns

Quest ist How long have you known the Schooner bro* into this Port by Lieu* Marshall as Prize

Ansr Six Months . .

Quest 2a by whom were you ship’d and'where

Ansr by Cap* Auger Lauga at Martinique

Ques* Who are the Owners of sd Schooner and Cargo

Ansr All belongs' to Mess*3 Lariviere and Mr Closel Subjects of the french King. One an Inhabitant of S* Malo the Other of Martinico

his

Phelix X Ducamp Mark

At A Court of Vice Admiralty held at Newport on Saturday the ii*b Aug* 1744 at 5 o Clock P. M.

Before the HonbIe Leo: Lockman Esqr Judge

The Libel Monition and Preparatory Exam11 were read.

Auger Lauga late Master of the Schooner Magdalene Preferr’d a Petition to the Judge

It Plainly Appears to me by the Preparatory Examinations and the Papers and Evidence in Court that the Schooner Magdalene with her Appurtenances and Cargo are the Property of the Subjects of the french King Enemys to our Sovreign Lord the King and therefore I condemn the same as lawfull Prize to the Captors and Owners to be divided as they among themselves have agreed and what goods cannot be divided to be sold by Mr William Mumford Marshall of this Court the Captors Paying Cost as the Law directs

Aug* 11th 1744 Leonard Lockman  