Page:The English Reports v1 1900.pdf/274

and fifty pounds. And appellant shewed, that all the respondents own witnesses, had proved that the ship was lost in the channel of Bahama, fifty leagues from Providence, seventy men, besides some Spanish passengers being on board; and that sixty-four of them, in three bouts, after seventeen days sail, had arrived at Providence, and were carried before the governor, who ordered them meat and drink, and ordered a sloop, with one of the respondent's boats, to be fitted out to find out where the ship or wreck was; and that respondents pretended that none of the ship's crew were permitted, or ordered to go, save one Frenchman, yet none of them said they were denied or hindered; but that on the con-[220]-trary, appellant asked two more, and they refused, as being too weak to go on so dangerous a voyage; and that, tho' respondents witnesses had said, that at the return of the boats they saw several goods landed, which were saved out of their ships, yet that none of them said, the captain, lieutenant, or any of the ship's crew even claimed, or demanded any of them; neither did they say to whose hands those goods, or any other brought in by the sloop or boat which had been sent out to look for wrecks, had come; and that though the Frenchman confessed, they had saved thirty-three thousand pieces of eight; yet he did not say, out of which wreck those goods had been saved: And the these witnesses say, that they saw near twenty men come out of appellant's house with pieces of eight in their hats, and appellant's face and bands black, as if with telling money; and that they might have had their arms again,, for twelve pieces of eight a gun; and that these doings of appellant, were to the damage of the ship owners about twelve thousand pounds; and that at low water the cargo and tackle of the ship might have been saved: Yet appellant shewed, that his witnesses had proved that the crew had declared, they had run the ship on a rock, fifty leagues distant from Providence, and left her to save their lives; and that they had brought with them much gold and silver, and had saved 150l. or 200l. a man, which amounted to about 12,000l. and that they had left several men on board; and that others of their men had gone off into other boats with a great quantity of money: And that appellant's witnesses proved further, it had been before, and since this wreck, a constant practice to fish for wrecks about the Bahama islands, and to give the men that go on that service no wages, save shares of what they got; and that these very witnesses had gone to fish for wrecks, while this ship's crew were at Providence; and that all that was got from all the wrecks in general, was divided into between thirty and forty shares, according to the number of men every inhabitant sent; and that appellant, had sent but two men, and had but two shares; that the witnesses never saw, heard, or knew he received, or was entitled to any more; and had proved, that nothing had been found above water, but that the divers declared, there were five wrecks; that the witnesses saw them dive, and bring up all that was gotten from under water; and that one Abraham Marsh had, according to the usual [221] constant custom been chosen quarter-master, and received into his custody, and divided all that was gotten in that adventure; and that all that was gotten, was taken up about five leagues from the place where the Gertruydt was lost, and that was above fifty leagues from Providence; and that other sloops, in which appellant was no way concerned, were fishing near the place for wrecks at the same time: And that he was notwithstanding decreed to account for the whole cargo, and lading of the ship, at the time she was cast away, and to be allowed only what he could prove to be embezzled by the seamen on board, and to pay what appeared due on such account with costs; and that this decree was erroneous, and ought to be reversed; and that appellant ought not to account for the whole, or any part of the cargo, unless he had insured it, or it had come to his hands or use, neither of which he contended was proved; but that the ship was lost fifty leagues from Providence, seventeen days before appellant ever heard of her; and part of the crew, who were left on board, might have embezzled the cargo, or it might have been lost in the sea, and never recovered, or taken up by other vessels passing by; and that the sixty-four men who came to Providence, had shared twelve thousand pounds among themselves; and that appellant was interested two shares only, out of between thirty and forty; and that all was dived for under water; and that the goods alleged to be part of this ship's cargo, were not sworn to by any marks, nor by those present at the diving or use: And appellant observed, that the respondents witnesses had