4ly. That at the time of the Seizure of said Schooner, the Cargoe consisted of the following particulars—Six Thousand Nine Hundred and Seventy five Spanish Heavy Dollars,[13] Six Hundred and Sixteen Dollars in Dobloons, two Hundred and Eighty Dollars in Gold Trinkets, a Bag[14] of Indigo [of] 125 lbs., the greatest part of the Schooners Provisions, the Spanish Colours, about 50 lbs. Gun Powder, Six Swivel Guns, about twenty Balls, a Box Sweetmeats Value Forty Dollars, and fourteen Hangers—all which belonged to this Deponent and other Spanish Subjects now in New York.
5ly. That said Richd. Haddon when he met with the said Spanish Schooner fired a Ball at her notwithstanding she had her Spanish Colours Flying and had brought to to speak with said Haddon and the Reason that induced said Deponent not to make the most of his way from said Privateer was that he knew the two Crowns of England and Spain to be in Friendship. That the Privateer Boat came on board said Spanish Schooner with a Lieut. Christop'r Miller[15] by Name and seven more Seamen. That he this Deponent shewed said Lieut. his Licence telling him at the same time that they were Spaniards and the Vessel and Cargoe Span'h property, From whence they came and whither Bound. That said Lieut. and People seemed very Civil and Regular till they discovered the Money which as soon as they had done, they Insisted on the Spaniards having run away with it and gave that as a pretence for Seising it which they did and carryed the same away by Force with other particulars already mentioned by this Deponent. That said Richd. Haddon did order this Deponent and all the People (except two or three) on board the Privateer and there treated them as Prisoners, said Haddon being on board. That he this Deponent told said Haddon from whence he came and where he was bound to and that he was a Subject of Spain and declared that Himself was Commander of said Schooner when she Sailed from the Havana and that he shewed said Haddon his Licence and other Papers. That said Haddon did not declare that he would carry the said Schooner to the Havana, on the contrary this Deponent and the People belonging to the Spanish Schooner were very desirous of it and requested of him to carry them there. That said Rd. Haddon's Lieut. and People did by Force and Violence Seize said Money and Effects and carry them away against the Consent and Solisitation of this Deponent and people belonging to said Spanish Schooner. That said Span'h Schooner was at that time in good Order and well Conditioned both as to her Hull, Sails and Rigging and fitt to come to New York. That this Depont. desired of sd. Rd. Haddon that the Money might be Counted but sd. Haddon Refused it. That when this Deponent and People were brought on board the Privateer they were all of them Searched and Money and Effects taken from the Several following Persons. From Miguel Fuentes 1 pair Silver Buckles and 1 pair Gold Buttons, From Don Geronimo de la Cal 1 pair of silver Buckles and a Ring, From Pablo Antonio Corea 1 pr Silver Buckles, From Cayetano Peres 1 pair Silver Buckles and four Dollars. All these were taken from the People beside the Money and Effects brought from on board the Spanish Schooner. That said Rd. Haddon never told them that he would proceed to New York in order to Lybel the Money and Effects aforesaid but on the Contrary Endeavoured to Conceal his Name and from whence he came as much as possible from this Deponent and his people. That there never was any Agreement between this Deponent and his People with Rd Haddon or anything like it relating to the Money and Effects aforesaid. That said Richd. Haddon's Lieut. Chrsr. Miller by Name, with some of the Mariners belonging to said Privateer, did treat this Deponent and Comp'y belonging to said Spanish Schooner with threatning and abusive Language on Returning them on board said Spanish Vessel. That said Rd. Haddon did not offer to bring this Depont. and People to New York, for as was declared before He did not mention New York nor did this Deponent and People know he came from thence. That said Rd. Haddon did take from on board said Spanish Schooner and carry away with him in the said private Vessel of War, two Passengers by Names Henry Myerhoffer and Willm. Abbot both subjects of Great Britn. That this Deponent did Request said Richd. Haddon to carry him to some Eng'h Port but was refused. That he this Deponent did Request from said Richd. Haddon a Receipt or Certificate Acknowledging that he the sd Rd. Haddon had taken from on board the said Span'h Schooner the Money and Effects aforesaid, which said Deponent Requested in order to shew as a proof of what had happened to him. That the said Richd. Haddon did thereupon give this Deponent a Receipt or Certificate, but afterwards said Receipt was Demanded from him by the said Christopher Miller which this Deponent Refusing to Return, said Chrisr. Miller did by Threats, Force and Violence take said Receipt or Certificate from this said Deponent as they were in a Boat in their Return on board said Spanish Schooner.
6ly. To this Interrogatory can say Nothing.
7ly. That said Spanish Schooner after the Transaction aforesaid did Return to the Havana, where he this Deponent was informed by some Frenchmen that had been taken by said Rd. Haddon since this Deponent, that sd Haddon had proceeded in said Private Vessel of War to Sta. Lucea[16] on the Island of Jamaica, whereupon this Deponent determined to go there in Quest of him in order to procure Satisfaction for the Injury he had Received from him. That shortly after the Arrival of this Deponent at the Havana, an English Man of War came into that Port. That He this Deponent made Application to the Capn. for his Advice and Assistance, who thereupon gave him a Certificate to the Governour and the Admiral Stationed at Jamaica. That this Deponent thereupon proceeded to Santa Lucea but said Rd. Haddon was sailed from thence before this Deponent arrived there. That said Haddon was at Santa Lucea fifteen Days as this Deponent was Informed. That he there met with the two aforesaid Englishmen, that this Depont. had taken Passengers in his Schooner, but were carryed away by said Richd. Haddon. That this Deponent proceeded afterward with said Spanish Schooner to Kingston on Jamaica and there made his Complaints to the Governor and Admiral against Rd. Haddon.[17] That the said two Englishmen who had been Passengers in said Spanish Schooner, did make Oath before the Governor of Jamaica of the Transactions of said Rd. Haddon his Officers and People. That the Exhibits now Shewn him marked A No 1 and No 2 are the Affidavits lay'd before the Governor of Jamaica in support of the Truth of the Complaints made by him this Deponent against said Rd. Haddon, his Officers and People which this Deponent brought with him from Jamaica to New York. That the Name Subscribed to the Affidavit in the Exhibit marked A No 1 is his own Hand Writing and attested as Expressed in said Instrument of Writing. That said Henry Myerhoffer did Subscribe his Name to the Affidavit and that he knows that to be his Hand Writing in the Exhibit marked A No 2, and that he attested the same in manner therein Expressed. That Admiral Townsend in pursuance of the said Complaint and proofs Dispatched a small Man of War under his Command in pursute of said Richd. Haddon in order to bring said Schooner Peggy into Port Royal[18] on the Island of Jamaica aforesaid.
8ly. That this Deponent did afterward Return to The Havana and Arrived there on or about the 16 May 1757. That said Admiral Townsend did afterward arrive at the Havana and Advised this Deponent to proceed to New York not doubting but he would receive Satisfaction for the Injury done him by said Rd. Haddon his Officers and Crew belonging to said Schooner Peggy and that in Case he should not Receive the Satisfaction he Expected, then to proceed with the Affidavits to London to demand it there. That said Admiral being then in the Havana gave him a Letter to the Gover'r of New York Recommending to him to procure Justice to be done to this Deponent.
9ly. Does not belong to this Deponent to Ansr.
Lastly, He says that he knows of nothing further Necessary to or Concerning these Interrogatories.
Phelipe yBañes.
Examined the 2d of September Anno Dom 1758.
(Assisted by Garrat Noel Sworn Spanish Interpreter)
Rich'd Nicholls, Regr.[19]
[1] In some of the documents the name is found written, by ignorant scribes, Philip y Banes, and therefore it is found under Banes in some indexes. Ybañez, arriving in Jamaica soon after the capture, complained to Vice-Adm. George Townshend, commanding on that station, of the "piratical behavior" of Haddon. Townshend wrote to the secretary of the admiralty, enclosing affidavits. Holdernesse, secretary of state, sent on May 20, 1757, a circular to the colonial governors, printed in N.C. Col. Rec., V. 756, expressing his Majesty's indignation at such actions toward a neutral, and ordered the governor of New York to proceed against Haddon. The Calendar of Council Minutes, p. 434, shows the letter to have been received, July 16. On Sept. 16 Secretary Pitt sent a circular to the governors with strict commands against molesting Spanish subjects; Kimball, Corr. of William Pitt, I. 105. On Feb. 13, 1758, Lieutenant-governor James DeLancey writes (ibid., I. 181) that this circular had been received Jan. 19, and that a proclamation had at once been issued. He adds, "Capt. Phillip Ybannes who was plundered by Capt. Richard Haddon is now here and I have put him in a way to recover the loss he has sustained and if he meets with Justice in the Admiralty he cannot fail of a recompence."