position of Don Felipe Ybanez.[1] September 2, 1758._

[Footnote 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. Ybanez, 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."]

Province of New York.
Court of Vice Admiralty.

The Deposition of Don Phelipe Ybanes being before Sworn and now
Examined on the part of our Lord the King on the Lybel of William
Kempe, Esqr.[2] his Majes'ys Advocate General for this Province of New
York Against Thomas Miller and Sampson Simpson[3] Defendants.

[Footnote 2: Attorney general 1752-1759, advocate general 1753-1759,
d. 1759. He filed his claim on behalf of the crown Feb. 17 and Mar.
10; the judge dismissed it Apr. 19, 1758, on the ground that the king
had no interest in the goods. Marsden, p. 185; doc. no. 188, and other
papers.]

[Footnote 3: Samson or Sampson Simson, d. 1773, son of Rabbi Joseph
Simson and uncle of that Samson Simson who founded the Mt. Sinai
Hospital, was the chief Jewish merchant in New York, owner of several
privateers, and later one of the founders of the Chamber of Commerce.
At this time he was _parnas residente_ (president) of the Congregation
Shearith Israel, till 1825 the one Jewish congregation in New York.
_Publications of the American Jewish Hist. Soc._, II. 83, III. 81, X.
109-117