Ordered the aforesaid Jeremiah Hariman to Fire a Gun, he
haveing a Hot Poker in his hand, who Refus'd to do it But Instead of
that he let go the Main Halliards and lowered the Mainsail, And After
the said Briganteen was taken by the Spanish Ship the said Harriman
desired to enter on board said Ship, Giveing for reason that he Was a
Roman and had a wife at St. Augustine,[6] and this Depon't also heard
The Pilot of the Spanish Ship ask the Captain whether he would receive
the said Jeremiah Hariman as a hand on board his ship but the Capt.
Told said Pilot that he would not take him. this Depon't further
declares that he for Severall years has Understood the Spanish
language and that the hands on board the Spanish Ship were all of them
Spaniards except the Pilot, who was an Englishman, and the Captain of
her Showed this Depon't a Paper which he Called a Letter of Marque and
this Depon't believes The same really was so.

THO. SMITH.

[Footnote 6: It is to be hoped that Captain Smith is misrepresenting
Harriman, for Jeremiah Harriman was married to Mary Johnson in Trinity
Church, Boston, on Apr. 29, 1744, the intention of marriage having
been filed on Aug. 15, 1743. Boston Record Commissioners, _Reports_,
XXVIII. 275, 342.]

1741 Nov'r 30th Thomas Smith made Oath to the truth of the Aforegoing
in Open Court.

Att'r JOHN PAYNE, D.Reg'r.

_150. Decree of Vice-Admiralty Judge. December 7, 1741._[1]

[Footnote 1: Records of the Admiralty Court, Boston, "vol. V."]

The Case was then fully debated by the Advocates[2] on both sides and
on the Seventh of Decemb'r Aforesaid his Honour the Judge gave the
following Decree, vizt.

[Footnote 2: In English admiralty courts the two classes of
lawyers--roughly, those who appeared in court and those who prepared
the papers--were called advocates and proctors, corresponding to
barristers and attorneys in the common-law courts.]

This Case on the Evidence Appears to me shortly to stand thus: On the
17th day of Sept'r last the Briganteen _Sarah_ in her Passage from
Barbadoes to Boston was taken by a Spanish Privateer. on the 26th of
said Month Capt. Norton in an English Privateer took the Spaniard and
his said Prize, puts one of his hands on board of the Briganteen and
Continues Mr. Smith the Master and his Crew belonging to her on board,
Ordering him to keep him Company and Proceed to Rhoad Island, but the
Briganteen Not being Able to keep up with the English Privateer lost
sight