USA > Rhode Island > A history of the destruction of His Britannic Majesty's schooner Gaspee, in Narragansett Bay, on the 10th June, 1772 > Part 12
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The deponent recommended to the complainant to make application to said Dnd- ingston, and demand such satisfaction as was adequate to the damage he had sus- tained, and if possible, to avoid a law suit, which, he said, he had been nrged to commenee.
After which, he was informed by said Faulkner, that Lieutenant Dudingston had paid him about fifteen dollars on account of the above named trespass and waste ; with which he appeared satisfied.
On the 11th of June, the deponent received from Darius Sessions, Esq., of Provi- denee, and Deputy Governor of the colony, an account of the destruction of His Majesty's schooner, the Gaspee ; upon which, he immediately called together snch of His Majesty's Council and members of the General Assembly as could be seasona-
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THE DESTRUCTION OF THE GASPEE.
bly notified, and communicated to them the disagreeable intelligence, who unani- mously recommended a proclamation, with a proper reward, for discovering the of- fenders ; which was thereupon issued, and sent into the several towns, within the eolony.
Admiral Montagu, on the 8th of July. transmitted to the deponent the declaration of a mulatto lad, called Aaron. impeaching several persons therein named, with being concerned in burning the atoresaid schooner.
As this declaration was not made before any of the eivil authority, either in this or any other colony, the deponent was of opinion, that it was highly necessary that Aaron should be taken into custody ; and therefore directed one of the judges of the Superior Court. to issue his warrant for Aaron, that he might be legally ex- amined; and as he was then in the care of Capt. Linzee, wrote him a letter, dated the 16th of July (which letter accompanied the warrant), requesting that he would deliver the said Aaron to the sheriff, that he might be examined respecting what he knew of attacking and burning the Gaspee.
But Capt. Linzee refused to deliver up the witness, and treated the letter and warrant with the highest contempt, as the deponent was informed by James Bren- ton, Esq., who waited upon Capt. Linzee. with the letter, at the deponent's request. If Aaron had any knowledge of burning the said schooner. it was out of the power of the deponent to obtain it. through the unjustifiable conduct of the said Capt. Linzee.
The deponent communicated to Admiral Montagu, in a letter, dated the 23d of July, the steps he had taken for obtaining Aaron's declaration. in full expectation that he would have given positive orders for the delivery of Aaron into the eustody of the eivil authority : especially. as the deponent had assured Capt. Linzee that after his examination. he should be returned on board the King's ship.
The deponent cited Mr. Samuel Thurston and Mr. Samuel Tompkins, of the island of Prudence, the gentlemen with whom Aaron had lived as an indented ser- vant, to give evidence of what they knew of the destruction of the Gaspee, &c. ; and also two servants, who lived in the same house with Aaron, at the time the said sehoonei was burnt, who agreed in their several testimonies, that Aaron was a run- away, and could not, for the reasons given in their depositions, have any knowledge of that transaction : copies of which testimonies, the deponent transmitted to Ad- miral Montagu.
This deponent further deelares, that the several letters and papers he has deliv- ered to the commissioners, contain a full and particular account of all the knowledge he hath of the destruction of the said schooner Gaspee, and the measures which have been pursued for discovering the offenders. J. WANTON.
To His Majesty's commissioners, at Rhode Island.
Sworn to, at Newport, on the 25th day of January, 1773, before us,-
FRED. SMYTHE, PETER OLIVER, ROBT. AUCHIMICTY.
An adjournment being determined upon, Mr. Auchmuty and Mr. Oliver signified their intention of returning home, and took leave of the other commissioners, accordingly.
. .
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THE DESTRUCTION OF THE GASPEE.
Friday, January 22.
The commissioners met, according to adjournment.
Present-Joseph Wanton, Esq., Daniel Horsmanden, Esq. and Frederick Smythe, Esq.
Samuel Clarke, who was charged with the service of sum- mons on the 12th inst., for two persons at Mendon, made re- turn upon oath of his service thereof, which was ordered to be filed.
The commissioners received a letter from Arthur Fenner, at Providence, excusing his attendance in obedience to a sum- mons of the 18th .*
Also, a letter from James Sabin, excusing his attendance in obedience to a summons of the same date ; which were or- dered to be filed.
The commissioners adjourn all further proceedings, until the 26th day of May next, then to meet at Newport.
The commissioners accordingly adjourned to meet on the 26th day of May, 1773, at Newport. The journal of their pro- ceedings, if any was kept, is not among the papers.
* See page 102. The letters of Arthur Fenner, James Sabin and others, addressed to the commissioners, excusing their non-attendance, not referred to in the journal of the pro- ceedings of the commission, are inserted in their chronological order elsewhere in this pamphlet.
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THE DESTRUCTION OF THE GASFEE.
PROCEEDINGS OF THE COMMISSIONERS OF INQUIRY, &c., CONTINUED.
To remove the difficulties between Admiral Montagu and the commissioners, relative to his personal attendance at New- port, the board of admiralty in England, dispatched him spe- cial orders, as follows :
The Lords of the Admiralty to Admiral Montagu, relative to his personal attendance upon the Commissioners, &.c., at Newport.
By the Commissioners for executing the office of Lord High Admiral of Great Britain and Ireland, &c.
Whereas, you represented to us. by your letter of the 19th of January last, from Rhode Island, as the season of the year was so far advanced as to render it hazard- ous for you to proceed thither with the ships under your command, agrecably to our instructions of the 7th of September last, you had given Capt. Keeler, of the Mer- cury, the senior officer of the King's ships at that island, to whom. you had before dispatched His Majesty's commission for inquiring into the circumstances relative to the burning of the Gaspee schooner, orders to aid and assist the commissioners thereiu named, in the same manner as you should have done, had you been there ; but, as the said commission expressly directs the prisoners to be delivered to you, the commissioners did not choose to proceed to business until your arrival.
That, in consequence of receiving such information, you had proceeded thither by land, and had hoisted your flag on board the Lizzard; and that the commis- sioners had examined some few persons.
And whereas, you further represented to us, by your said letter, that if you are obliged to attend the commissioners at Rhode Island, the naval business at Halifax and Boston will be greatly retarded, as it will be impossible for you to attend to those and your other duties ; and have therefore desired, the senior officer of His Majesty's ships at Rhode Island, who will, in your opinion, in every respect, answer the purposes there, as well as yourself, that you may receive our directions to remain at Boston, with your flag, unless there appears to be an absolute necessity for your being at Rhode Island.
And whereas, the Earl of Dartmouth, one of His Majesty's principal secretaries of state, to whom we sent an extract of so much of your letter, as related to this business, for His Majesty's information, bath, by his letter of the 20th instant, ac- quainted us that His Majesty is pleased to approve that the execution of His Maj-
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THE DESTRUCTION OF THE GASPEE.
esty's orders respecting the service at Rhode Island, should be entrusted to the senior captain of such of his ships of war as may, from time to time be stationed at that colony.
You are therefore, hereby required and directed to entrust the execution of His Majesty's said orders to such senior captain, accordingly.
Given under our hands, the 26th day of March, 1773.
SANDWICH, - J. BULLER, LISBURNE.
By command of their lordships : CHAS. STEPHENS.
To John Montagu, Esq., Rear Admiral of the Blue, and commander in chief of Ilis Majesty's ships and vessels in North America, at Boston.
Previous to the reception of these orders, the following let- ters passed between the commissioners and the officers of the navy, stationed in New England :
Admiral Montagu to the Commissioners, &-c.
Boston, 24th May, 1773.
Gentlemen :- As I understood you are soon to meet to proceed on business, I am to inform you, I have ordered to Capt. Keeler, of His Majesty's ship Mercury, Wil- liam Dickinson. late midshipman of the Gaspee, and Bartholomew Cheever, one of her seamen, two evidences sent out of England, by the right honorable the lords commissioners of the admiralty.
As they were on board, when Captain Dudingston was wounded, these people (if the men called the head sheriff and captain can be found), can swear to their per- sons. You will be the best judges what use to make of them, when they appear before you.
I expect the Captain man-of-war will return from Halifax in ten days, when I shall lose no time in repairing to Rhode Island ; but if, in the meantime, you should think my presence absolutely necessary, I will set out by land, although it will be attended with great inconvenience to me.
Capt. Keeler has my orders to give you every assistance in his power ; and I doubt not but that he will faithfully execute them.
I am, gentlemen, Your most obedient, humble servant,
J. MONTAGU.
To His Majesty's Commissioners, at Newport.
15
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THE DESTRUCTION OF THE GASPEE.
Capt. Robert Keeler to the Commissioners, &c.
His Majesty's ship Mercury, Rhode Island IIarbor. ) May 27. 1773.
Sir :- Admiral Montagu finding the King's commissioners meeting at Newport, he has sent me an officer and one seaman, lately belonging to the Gaspee, and just arrived from England, to give information of the persons that were concerned in the burning of said schooner.
Likewise a letter, directed to Ilis Majesty's commissioners at Rhode Island, with directions to me. to deliver to you, when sitting.
But, as I am detained on board, on account of a writ being issued out against me, I am to desire you will give me notice in writing, when you meet, that the letter may be sent by a proper officer ; and of the time you choose to have the evidences on shore, to be examined. I am, sir,
Your most obedient, humble servant,
To Hon. Joseph Wanton, Esq., president of His Majesty's commission, at Newport.
R. KEELER.
The Commissioners, S.c., to Capt. Keeler.
Newport, May 27, 1773.
Sir :- Though there are three commissioners met at Newport. yet, as the other two gentlemen are daily expected, it is thought most conducive to Ilis Mijesty's ser- vice, not to proceed on business till they join us; at which time we shall acquaint you, when the witnesses you mention to us, may be examined, and Admiral Mon- tagu's letter delivered, and in the interim. are,
Your most obedient, humble servants, J. WANTON, PETER OLIVER. ROBT. AUCHMUTY, Commissioners.
To Capt. Robert Keeler.
The Commissioners, S.c., to Capt. Keeler.
Newport, May 31, 1773.
Sir :- The gentlemen commissioners are now arrived from the southward ; there- fore we are ready to receive Admiral Montagu's letter, mentioned in yours of the 27th inst. ; and to-morrow morning shall also be ready to take the depositions of those witnesses you inform us are arrived from England.
The commissioners will attend such examination to-morrow morning, at 10 o'clock ; and are,
Your most obedient and humble servants, J. WANTON, PETER OLIVER, ROBT. AUCHMUTY,
Commissioners.
To Capt. Robert Keeler.
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THE DESTRUCTION OF THE GASPEE.
The Commissioners, S.c., to Admiral Montagu.
Newport, June 2, 1773.
Sir :- Three of the commissioners met at this place on the 26th ult. : but as the gentlemen from the southward were not arrived. and daily expected, it was thought by those present, most condueive to His Majesty's service, to delay entering on busi- ness till they were joined by their brethren. Your not receiving an answer sooner, to your favor of the 24th of last month, was owing to that reason.
The gentlemen being now on the spot. beg leave to observe to you, that the wit- nesses you mention. have been examined ; and that it will be very agreeable to them to have the pleasure of your company at Newport, whenever it will comport with His Majesty's service in general; but at present. see no immediate occasion for your conting without your ships; and are, with the greatest respect, sir,
Your most obedient, humble servants, J. WANTON, DAN. HORSMANDEN, PETER OLIVER,
FRED. SMYTHE,
ROBT. AUCHMUTY,
Commissioners.
To John Montagu, Esq.
- Admiral Montagu to the Commissioners, &.c.
Boston, 14th June. 1773.
Gentlemen :- In answer to your letter of the 2d. which I received the 12th, I beg leave to inform you, that as the service will not admit of my being at Rhode Island, this summer, I have sent orders to Capt. Keeler. of Ilis Majesty's ship Mereury, to render you every service in his power. in the execution of your commission, agree- ably to Ilis Majesty's directions, signified to me, by my lords commissioners of the admiralty, by their order of the 26th of March, 1773, a duplicate of which, I here- with enclose to you; and am, with respect, gentlemen,
Your most obedient, humble servant,
J. MONTAGU. To His Majesty's Commissioners, at Rhode Island.
The following evidence was submitted to the commissioners, at this session :
Deposition of William Dickinson.
The examination of William Dickinson, late midshipman of His Majesty's schooner, taken on oath, at Newport, in the colony of Rhode Island, this 1st day of June, A. D. 1773, who saith :
That on the 10th day of June, in the year 1772, between the hours of 12 and 1, in the morning, the said schooner, then working in her doek. on Namquit Point, about two miles below Pawtuxet, and not able to get off; the watch being on
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deck, as he supposed. gave the alarm that a number of boats were coming down the river.
Upou which. Lieutenant Dudingston went on deck. and hailed the boats, and or- dered them to keep off, or he would fire into them ; but, as they refused to keep off, we fired at them, and they returned the fire, whereby Lieutenant Dudingston was wounded in the left arm, and in the groin.
They then boarded us, and used us very ill, by beating and knocking down the people : and afterwards by tying them, and throwing them into their boats. the cap- tain of the gang swearing he would give no quarters.
The captain of the gang ordered Lieutenant Dudingston on his knees, and to beg his life.
He said he could not. he was wounded.
Whereupon. the said captain answered, ". D-n your blood, you are shot by your own people."
Then they took him into the cabin, where two men dressed his wounds; who, by their behavior, appeared to have some skill in surgery.
And this examinate further saith : that while Lieutenant Dudingston's wounds were dressing, those two persons who assumed to be the head sheriff and the captain, demanded the papers belonging to the vessel, which he delivered by Lieutenant Duding ton's order to them : consisting of the lieutenant's commission from the lords of the admiralty : Admiral Montagu's instructions, letters, and other papers ; and upon his particularizing those papers as he delivered them, they damned him, and told him they did not come there to receive any instructions from him. but would examine the papers at their leisure, which they put into their pockets, and then carried Lieutenant Dudingston on shore, about two miles from the schooner.
The examinate after this continned on board said schooner about three quarters of an hour; and was told by the captain of the gang, that unless he quitted the schooner, he would throw him overboard; during this time, they continued plun- dering the schooner.
The examinate was landed in one of their boats on the shore opposite?to the schooner, where he remained some time ; and that within an hour after he was landed, he saw the said schooner on fire ; and it being then daylight, he saw three of their boats put off from the schooner, full of men: one of which, landed the people at Pawtuxet, and the other two, rowed towards Providence.
This examinate further saith : that the schooner when she was burnt, lay about eight or ten miles, to the best of his judgment, from the north end of the island of Prudence : and that several negroes were on board the said schooner ; and also rowed the boats which boarded the schooner ; but he does not know their names ; and he cannot recollect that he saw any of those negroes enter the cabin.
And he also saith, that he does not know the names of any of the persons who boarded and destroyed said schooner. or wounded Lieutenant Dudingston ; but that the captain, who was called the captain of the gang, was a well set man, of a swar- thy complexion, full face, hoarse voice, and wore a white cap, was well dressed, and appeared rather above the common rank of mankind; and that the greater part of those he saw on board the schooner, and in the cabin, were persons well dressed ; many of them with ruffled shirts, and appeared as store-keepers, merchants or mas- ters of vessels.
The person who was called the head sheriff, was a tall, genteel man, dressed in blue clothes, his hair tied behind, and had on a ruffled shirt.
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One of the persons who acted as surgeon in dressing Lieutenant Dudingston's wounds, appeared to be about eighteen years of age, very much marked with the small pox ; light brown hair, tied behind ; about five feet, five or six inches high.
The other, was a very genteel man ; appeared to be about twenty-two years of age ; his hair tied behind. a thin person, and about five feet, eight or nine inehes high.
This examinate further saith : that after he returned from Boston to Providenee, a few days after the schooner was destroyed, the first described surgeon met him in one of the streets in Providence, and asked him whether he knew how Lieutenant Dudingston did ; but the examinate did not know his name ; and further saith not.
W. DICKINSON.
Sworn to, at Newport, on the day and year abovesaid, before-
J. WANTON, FRED. SMYTHE,
DAN. HORSMANDEN, PETER OLIVER,
Commissioners.
Deposition of Bartholomew Cheever.
The examination of Bartholomew Cheever, mariner. and late a seamen on board His Majesty's schooner, the Gaspee, taken on oath, at Newport, in the colony of Rhode Island. on the 1st day of June, 1773, who saith :
That on the 9th day of June last, the schooner Gaspee run aground, on her pas- sage to Providence, on a point of land about two or three miles below a small town, and about five miles from the town of Providence.
That about three-quarters after 12 o'clock, the next morning, being the 10th of June, he was standing upon the quarter deck of said schooner, as a sentry ; every other person belonging to said sehooner, being below, he saw a number of boats eoming towards said schooner, which he hailed, but no answer was returned ; he then immediately gave notice to Lieutenant Dudingston and the midshipman, who instantly came upon deck.
The boats were again hailed, and the answer, returned by some of the people in said boats was, "D-n your blood, we have you now !"
The captain ordered them to keep off; and told them if they did not, he would fire into them.
They answered, they did not eare ; they would be aboard direetly.
The captain then ordered all hands on deek; but the people who were in the boats, boarded the sehooner ; and as they were entering said schooner, they shot the eaptain ; and afterwards tied the people belonging to said sehooner, and carried them on shore, nearly opposite to the sehooner; they then broke open the arm- chest, and took possession of the small arms.
And after they had landed all the Gaspee's people, he saw the said schooner on fire ; but he knoweth not the names of any of the persons who were eoneerned in destroying said schooner ; and that those who acted as principals, were called the head sheriff and the captain ; and one of them was called constable.
And this examinate further saith : that while he was attending upon Lieutenant
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THE DESTRUCTION OF THE GASPEE.
Dudingston at a town called Pawtuxet. he saw two of the persons who were concerned in destroying said schooner ; but did not know their names. his BARTHOLOMEW X CHEEVER.
mark.
Sworn to, at Newport, on the day and year, abovesaid, before-
J. WANTON, FRED. SMYTHE,
DAN. HORSMANDEN, PETER OLIVER, Commissioners.
Deposition of John Cole.
The examination of John Cole, of Providence, in the colony of Rhode Island, Esq., taken on oath in Newport, in said colony, this 3d day of June, A. D. 1773, who saith :
That the evening preceding the burning the Gaspce, I spent at Mr. James Sa- bins's tavern, in Providence, aforesaid, in company with several gentlemen.
About 7 or 8 o'clock, hearing a noise in the street of said town, I pulled back the shutter of one of the windows next the street, and saw several men, about twelve, as I apprehend, but did know one of them, collected together. Upon which, I made inquiry of the gentlemen in the room, if they knew the occasion ; and was answered by one of the company, but whom, I cannot particularly recolleet, that he hoped they were not upon any design of mischief.
To which. I replied, " I believed not ; if they were on such a design, they would not be so public."
Some short time after, I heard a drum beat in the street ; upon which, I again opened the shutter, saw three or four boys passing along with the drum, and no other persons.
Between 11 and 12 o'clock, in the same evening, I left the said tavern ; at which time, I found the street clear and still ; I then observed, that I believed if any mis- chief was intended, they had thought better of it, and gone home.
Early in that evening, and before I first opened the shutter. I heard, but whether after I joined the company or in the street going to said tavern. I eannot recollect, that the Gaspee was then run on shore ; neither do I remember the person giving me that information ; I never heard any intimation of an intention to burn the Gas- pee ; nor do I know any person or persons concerned in that transaction, or ever heard who they were.
The place where the said Gaspee was burnt, was in the township of Warwick, in the county of Kent, in the colony of Rhode Island.
From the cove near Mr. Samuel Tompkins's house. to the place where the Gaspee sehooner was burnt, is, according to the best judgment I can form, near, if not quite, four leagues ; and further, this deponent saith not. JOIIN COLE.
Taken, and sworn to, at Newport, on the day and year before written, before- J. WANTON. FRED. SMYTIIE,
DAN. HORSMANDEN, PETER OLIVER,
ROBT. AUCHMUTY,
Commissioners.
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.
Deposition of John Andrews.
The examination of John Andrews, Esq .. of Cranston. in the colony of Rhode Is- land, taken on oath, at Newport. in said colony, on the 5th day of June, 1773, who declares and says :
That he was in the town of Providence the night that the schooner Gaspee was destroyed, at a tavern, where he spent the evening with a number of gentlemen ; and after supper, he heard a drum beat in the street, and inquired into the cause thereof; and received for answer, that it had been training day, and the people were breaking up their frolic ; about 12 o'clock, he repaired to his lodgings, it being very dark, and went to bed.
The next morning, the sun about half an hour high, was surprised with hearing some persons say to each other, that the said schooner was burnt ; upon which, he opened the window, and saw on the other side of the street, two black fellows and one white man, talking together.
I inquired what was the matter; and received for an answer from the white man, that some people in the night had burned the man-of-war schooner.
Upon which, he immediately dressed himself, and waited upon the Deputy Gov- ernor; and he informed him he had heard the news, and sent for his horse, in order to repair to the spot, and inquire of Capt. Dudingston and his people, and find, if possible, the persons that had done the mischief.
We procured a horse, as soon as possible, and went to Pawtuxet. where we found Mr. Dudingston badly wounded : and we saw the said schooner on shore, about a mile and a half' distant, which appeared by the smoke, to be on fire, and burnt down almost to the water's edge.
The Deputy Governor, in his hearing, inquired of Mr. Dudingston, if he had any knowledge of the persons that committed this trespas .
He made answer, that he should render no account about the matter, until he appeared before a court martial, where he expected to be tried, if he survived his wounds, and such account might be made use of, to his advantage ; but was willing that his people should be sworn; and had them called in, and cautioned them to swear to the truth.
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