, 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.

Before Us { S. DANFORTH } Of the Council.[2]
{ EL'M HUTCHINSON }

[Footnote 2: Samuel Danforth was a member of the council of the
province from 1739 to 1774; Eliakim Hutchinson from 1744 to 1746, and
judge of the court of common pleas from 1741 to 1774; the latter
married Governor Shirley's eldest daughter.]

_170. Testimony concerning William Ward. August 4, 1744._[1]

[Footnote 1: Mass. Archives, vol. 64, p. 253.]

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.