HCA 13/71 f.45r Annotate
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|Uploaded image; transcribed on 18/10/2012|
|Edited on 30/11/2012 by Colin Greenstreet and on 25/8/2013 by Jill Wilcox|
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To the 13th hee saith that there was onely the barrill of beaver in Controversy
being marked and numbred as predeposed Laden aboard the said shipp the
Voiage aforesaid, which this deponent entered into his booke under the said marke and number and agreed for with the said
Jacob Sheafe amongst other goods by him Laden at the same time.
To the 14th hee saith, That hee this deponent being the arlate John Cutting did not
signe at or neere Boston in New England any bill or bills of Ladeing to the
said Robert Hubbart for the said barrill of beaver marked as aforesaid upon the
arlate 20th day of December 1655, as by the said Hubbart is pretended, for that this
deponent with his said shipp the Johns Adventure with the said Hubbart as passenger
aboard him sett sayle and departed from Boston upon the 18th or 19th day of December 1655.
and came to Nantasket a Port about nyne miles distance from Boston:-
To the 15th hee saith, That according to the marke and number predeposed marked
in this deponents booke and expressed in the invoyce or factorie and bill of Lading
aforesaid, the barrill of goods now in Controversie Laden at or neere Boston aforesaid
was and is one and the same barrill, and conteyned the goods in the said Invoyce
particularized, which barrill and goods the said Hubbart hath since by undue
and illegal practise conveighed out of the said shipp and converted to his owne
use. And further cannot depose./
To the rest of the articles of the articles hee is not examined by direction of the producent./
To the Crosse Interrogatories [CENTRE HEADING]
To the first Interrogatorie hee answereth and saith, That hee this rendent
hath no part or share in the barrill of beaver interrate to whomsoever the same
bee adjudged, but hath often attended Mr Smith about the cause in controversy
By meanes whereof hee is retarded in his intended returne for New England, and
to the said Mr Smith, hee hath declared the truth of his knowledge in this buisinesse
and not otherwise, and hath payed him and other Officers of this Court such fees as
were due and demanded by them, all which is to be refunded to this deponent by the
aforesaid Mr Ashurst.
To the second hee saith, That hee this rendent did not see the interrate person Jacob
Sheafe marke the barrill of beaver interrate, nor did hee this rendent see the
receiving of the same aboard the said shipp, but hath viewed the said barrill since
it came into England in the Custodie of the said Robert Hubbart, and is
convinced in conscience for the reasons predeposed, That the barrill aforesaid
received aboard in New England, and the said barrill seene in the said
Hubbarts possession was and is one and the same, And otherwise saving his foregoing
deposition to which hee referreth hee saith hee cannot depose./
To the third hee saith hee did not see the interrate Jacob Sheafe write or signe
the Invoyce interrate:-/
To the 4th hee saith, That in the three bills of Ladeing signed by this deponent for
the barrills of goods in Controversie to the use of the said Jacob Sheafe, there is no
beaver expressely mentioned in termes, and saith hee knoweth not what words are
used in the pretended bills of Lading sett on foot by the said Hubbart, nor whether
the words interrate videlicet (and one barrell of beaver) bee expressed therein, but
And further cannot depose saving his foregoeing deposition to which hee referreth
To the 5th hee saith, That the interrate Emanuel Springfield and his wife
came passengers in this deponents shipp the voiage in controversie, this deponent not
knowing anything of their honest or either of their honesties or dishonestie.
To the 6th hee saith, hee hath not deposed to the article interrate./:
To the 7th Interrogatorie the danger of perjury being first declared unto him, hee
saith, That to best of this respondents memory and understanding, hee
never signed any bill or bills of lading to the said Robert Hubbart for the