Deposition of Jacques Piegnon. January 24, 1745._[1]

[Footnote 1: Records of the Admiralty Court held in Philadelphia,
1735-1746, in volume preserved in the office of the clerk of the U.S.
district court, pp. 213-216. The judge was Thomas Hopkinson, who
qualified in January, 1745.]

The Same 24th January 1744.[2] 5 P.M.

[Footnote 2: _I.e._, 1745, N.S.]

Proclamation made a fourth Time, and none appearing to Claim, the
Court ordered the Proctor to Proceed to Prove the lawfull Caption of
the said Ship _Lewis Joseph_ and Snow _St. Ann_ and their Ladings,[3]

[Footnote 3: The story of the capture is also related in Benjamin
Franklin's paper, the _Pennsylvania Gazette_, Jan. 22, 1745: "On
Friday [Jan. 18, arrived] a Ship and Snow, from the _Warren_
Privateer, Alexander Kattur, and the Old _George_ Schooner, William
Dougall, Commanders, who sailed from this Port about six Weeks ago in
Consort. Seven Days after they left the Capes, in the Latitude of 31,
they met with the Ship.... She is a Frigate built Ship, of 18 Carriage
Guns, belongs to St. Malo's, and was thither bound. She is called the
_Lewis Joseph_. The Captain's Name was Piedsnoirs.... She maintained
an obstinate Fight for Five Hours, and did not surrender, till she had
received near Fifty Shot in her Hull, and was at last boarded, and the
Captain, his second Lieutenant, and four Men killed, and several of
the Gentlemen Passengers wounded. The Captain had the Character of a
Gallant Man, and, as the Prisoners say, always declared, that he would
never part with the Ship but with his Life.... The Snow is called the
_St. Anne_, Pierre Dalheu Master, bound to Bourdeaux, and was taken
two Days after the Ship. [The rich cargoes are described.] We are
daily expecting the two Privateers in."]

Whereupon the following Depositions being Produced and Read, viz.

Jacques Piegnon of St. Malo in France Mariner being Sworn

Deposeth and Sayeth

To the first Interrogatory

That he this Deponent Knows the Ship called the _Lewis Joseph_ now
riding at Anchor in this Port of Philadelphia; That in the Month of
August 1743 this Deponent contracted and Agreed with Francis Pienoir
late Captain of the said Ship and the owners thereof at St. Malo
aforesaid to enter and go as Second Captain on Board the said Ship on
a Voyage from St. Malo to Cadiz and from thence to proceed to some
port of French or Spanish America as should be agreed and resolved on
at Cadiz aforesaid; That agre