d him, to go in the Privateer Sloop to Gibraltar in
order for a Tryal; that Capt. Mackay told him he sailed from Holland
to the Canaries two years as an English Man, and that he never sailed
under Dutch Colours till the War with Spain; That Capt. Mackay told
him that the Sloop at the time of the Capture belong'd to Mr. Devernet
of Amsterdam and his two sons who lived at Teneriffe, who were all
Frenchmen. That to his knowledge he never saw any of the Cargo Landed
at Madera; that his Lieu't Immediately upon the Capture brought the
Papers of the said Vessell to him, who having first perused them
Sealed them up; that some short time after the said Mackay exprest to
him his Desire, in case a certain Paper was found on board, that it
would be useless to this Depon't, and that he would have it Concealed,
whereupon this Depon't asked him what the Paper was and where in the
Vessell it could be found, but the said Mackay would not inform him,
and this desire of the said Mackays he repeated several times, and in
about two Days after there was brought to this Depon't by John Teit,
who acted as Mate on board the said Prize, two Papers from on Board,
viz. an English Mediterranean Pass wherein the said Master and Sloop
was named, and a Spanish Clearance as of an English Vessell, which was
found as he said as mentioned by this Depon't in his former
Examinat'n, and afterwards the said Mackay repeated his Desire in case
a certain Paper, not naming it, should be found not to show it to
any--Whereupon this Depon't Informed him that he had got what he meant
and shew'd him the said Pass and Clearance, and then the said Master
again pressed him not to shew the same to the Consul. That upon his
arrival at Madera he Delivered the Papers so found and Seal'd up,
together with the said Pass and Spanish Clearance, to Capt. Dumaresq
in the Consul's House, that Capt. Dumaresq then delivered them to the
Consul, who broke open the Seal and perused the Papers together with
Capt. Dumaresq; and that he verily believes the Papers now in Court
are all the Papers he so delivered up, excepting the said Pass.
[Footnote 13: The British consul at Funchal, Richard Baker; see docs.
nos. 140, 141.]
The Court was then adjourn'd to the 21st of Aug't Curr't at 7 a Clock
a.m., at which time it was opened, when Michael Dumaresq being first
Sworn Declar'd that his Examination already taken was the Truth. He
further Declared that when Capt. Dumaresq arrived at Gibralta
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