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To the first article of the sayd allegatio … To the first article of the sayd allegation hee saith that hee this deponent was<br />
and is Masters Mate of the shipp the ''Smirna ffactor'' arlate, (the arlate Captaine<br />
hudson Master) and knoweth that the goods damnified and now in Controversie<br />
at the tyme of their delivery out of the sayd shipp into the lighter wherein they<br />
were damnified were drye and well conditioned and soe farr as this deponent<br />
could and did see and observe they were all free from any damage by wett and further<br />
hee cannot to this article depose not knowing whether the arlate Mills or Bolton<br />
or either of them or whoelse were Owners of the sayd lighter<br />
wherewith the damage in question happened but saith hee hath heard the sayd Captaine<br />
hudson saye that hee hired the lighters which hee used about the unladeing ofg<br />
his sayd shipp of the arlate Boulton./
To the 2 and 3 article hee saith that after the goods controverted were<br />
laden from on board the sayd shipp in the sayd lighter the boatswaines mate<br />
of the sayd shipp did in thsi deponents presence and hearing tell those who had<br />
the care and manageing of the sayd lighter that the shipps company could put noe more<br />
goods into her by reason that divers goods laye in the way soe that noe more<br />
could bee made ready for them at present, and willed them to goe away with<br />
what they had if they pleased or to the like effect, but those who had the care<br />
and charge of the sayd lighter stayed in her till towards evening and then scooped<br />
out such water as shee had receaved and soe went ashoare and left her lying<br />
by the sayd shipps side with the goods controverd in her, And<br />
hee alsoe saith that in all probability by the working of the persons<br />
belonging to the sayd lighter with their scoope in the evening the plug<br />
in the bottome of the lighter which goeth through the same was struck out or at<br />
least soe loosened that the water in the night tyme forced it out by<br />
which meanes the goods controverted were wett and damnified, for this<br />
deponent and others of the sayd shipps Company early in the morning sawe<br />
and found that the sayd lighter was almost full of water to the great damage<br />
of the goods in her which being perceived the sayd shipps Company did heave [?out]<br />
the water that was in her and there found that her plugg hole was open, by<br />
reason of which (as this deponent verily beleeveth and is perswaded in his<br />
conscience the damage Controverted happened, And further hee cannot<br />
depose./
To the 4th article hee saith hee cannot depose saving what he hath [?XX]<br />
deposed to the first article of this allegation
To the 5th article hee saith hee this deponent being Masters mate as aforesayd of<br />
the sayd shipp ''Smirna ffactor'' and on board her when the damage controverted<br />
happened, well knoweth that after the goods controverted were unladen out of the<br />
sayd shipp into the lighter aforesayd, hee this deponent for his part did noe<br />
preiudice and beleeveth abd is perswaded in his conscience none Else of the sayd<br />
shipps company did doe any preiudice to the sayd lighter or were any cause or<br />
meanes of the dammage which happened to her and her ladeing, and well lnoweth<br />
as afores is deposed that the persons intrusted with the mannagement of the sayd lighter<br />
were required to goe away with the goods they had receaved, which had they done<br />
the damage controverted had not happened as this deponent verily beleeveth And further<br />
cannot depose./
Thomas Holgrave [SIGNATURE, RH SIDE]se./
Thomas Holgrave [SIGNATURE, RH SIDE] +
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