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the said Otters shipp and to avoide doing … the said Otters shipp and to avoide doing or receiving dammage<br />
to which purpose they bore up the helme with all speede and diligence<br />
braced their main saile and maine top saile in the winde, [?brayled] their missen<br />
and used all other meanes to the end aforesaid of avoiding dammage, all<br />
which hee knoweth being carpenter of the said shipp the ''Samuel'' and<br />
then at the helme.
To the second article hee saith and deposeth that notwithstanding all<br />
the diligence used as aforesaid by the said Lee and company and their<br />
bearing up forthwith upon the calling out of the said Otter, yet the said<br />
Otters shipp came with full saile and ran aboard the ''Samuel'', and<br />
much endangered the sinking of the ''Samuel'' with her lading of<br />
coales, and brake the stemme and head of the ''Samuel'', and [XXXXX GUTTER]<br />
downe her upper deck and brake three beames of her fore castle, and<br />
carried forth two foote of planck under her fore channell, and<br />
did her much other dammage; which hee knoweth being present<br />
and seeing the same as aforesaid; and saith that by the said<br />
Otters shipp soe running aboard and maiming the ''Samuell'' as<br />
aforesaid, the said shipp the ''Samuel'' became so leakie that the<br />
said Lee and company had much adoe to keepe her floating and<br />
were constrained for her preservation to put with her into Scarborough<br />
But for the valew of the said dammage or the name of the<br />
said Otters shipp hee saith hee knoweth it not. And further hee<br />
cannot depose.
To the third article hee saith that the said Otters said shipp by her<br />
running against the ''Samuel'' having alsoe received some dammage,<br />
bore up toward whitby, whereas her master and company might<br />
have carried her into the [?Peer] of Scarborough, and have bin there<br />
two howers before the running in thither of the said shipp ''Samuel''<br />
and soe have saved her from the disaster which befell her in<br />
runninge ashore in Robin Hoods Bay and being there bilged on a<br />
rock, And otherwise hee cannot depose saving that whitby was<br />
diverse leagues further from the place of such the comming fowle of<br />
the said Otters shipp on the ''Samuel'' than Scarborough was, and otherwise<br />
hee cannot depose.
To the fourth article hee saith that notwithstanding the premisses<br />
the said Otter saved all his said shipps masts, sailes, yards, anchor[?s, GUTTER]<br />
cables, and boats, and afterwards sold the hull of his shipp<br />
for fifteene pounds, and as this deponent was credibly informed he<br />
was offered for his coales after the rate of 12 ''d'' for each horse load<br />
of the same, And otherwise hee cannot depose.
To the fifth hee saith that if the said Otter had carried his said<br />
shipp into Scarborough, hee had in all probabilitie have saved her and<br />
her goods, and had her bin repaired with a small charge, and this deponent<br />
conceiveth the losse and dammage of happened to the said Otters shipp and goods<br />
to have soe happened by the meer willfulnes of the said Otter and<br />
company, and is well asured that the same happened not by or<br />
through any fault of or in the said Lee and company or any of<br />
them yeelding [?a reason] of his knowledge, for that hee sawe<br />
and tooke notice of the premisses and the circumstances thereof, And<br />
otherwise cannot depose./
Repeated before doctor Godolphin
John deane [SIGNATURE, RH SIDE]Godolphin
John deane [SIGNATURE, RH SIDE] +
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