To all whom it doth or may Concern that on the twenty fourth day of October in the Year of our Lord One Thousand Seven Hundred and Eighty two personally appeared Charles Harrison late Commander of the Ship Jolly Tarr who being solemnly sworn on the holy Evangels of Almighty God deposith and saith that on the third day of September last he sailed from the Port of Bathmore in the above named Ship Owned by Lellehoffer and Messonier .............................loaded with flour and bound to the Havannah that in pursuance of the said Voyage on the twenty Sixth day of the same Month September then being in Lenhaven Bay ..............................at eleven OClock got underway and came to sail in Company with Nine Sail of Merchant Vessels under the Convoy of the Emsod Frigate of thirty six Guns belonging to the King of France that at six OClock in the evening Cape Henry bore about West five or six Miles distance—light winds all night—that on the twenty seventh being the Next Morning at daylight Saw a Sail in the South West Quarter which gave them chase that sometime about Noon she made a signal as it were to a Consort of an Enemy fleet and fired Several Guns but [he] could see no Vessel from his Mast head except their own fleet and the above Ship in chase that he this deponant Spoke the Comodore Several times—the Commodore asked him if he would assist him to fight the ship if she came up with them which he the deponant consented to do—that at about five OClock in the afternoon the Commodore hailed this deponent and asked him what he intended to do—he told the Commodore he woud do what he pleased and if he woud fight the Ship they woud assist him—upon which he the Commodore made a Signal for to form the line which he this deponant did as also did Captain [Wiclh] in the Ship Matilda ..............................and got clear ? for action Reg’d in their Storing Sail Booms &c. that after laying too about one Hour the Commodore hauled down the Signal of the line and made a Signall for the fleet to Make the best of their Way (the chase then being aback two Guns shot from them) and set all his sails he possibly coud—that he this deponant after setting all the Sail he possibly coud sending the enemys ship to gain ? lightened his Ship by throwing overboard some part of the cargo and crowded all the Sail he coud a fresh breeze then blowing from the Westward that about twelve OClock a heavy Squall lesing took in the Royalls and top Galland Husing sails handed the stay sails. At half past twelve the Wind blew hard and shifted to the Northward and carried away his Mizin top Mast the long tail Boom and fore top Mast staying sail Boom at which time he was Obliged to Clew up top Gallarts top sails and fore sails and keep the Ship before the Wind to get the sails handed in which time bur him down on the frigate which had been chasing them all the day before that as soon as he discovered the Ship firing at a Vessel which proved to be the Brig New Orleans he this deponant set his fore sail & Mizin stay sail and hauld up from the ship but she sailing much faster than the Jolly Tarr this deponant Vessel soon came up with him and forced to bring him too—the first shot going over & the second striking the Ship (as he this deponant has since been informed) Obliged him to [strike?] expecting every Moment a Broad side from the Ship which proved to be the Jason a frigate of thirty two Guns belonging to the King of Great Britain which carried him to New York—and the deponent doth further say that he verily believes the loss of his Ship and Cargo aforesaid may be justly attributed to the Misconduct of the Commodore of the Emsod frigate aforesaid in ordering and keeping a line of Battle formed for so long a time as hath been herein before mentioned and then deserting them as aforesaid—Wherefore I the said Justice do hereby Solemnly protest against the Causes aforesaid for all Damages Costs and charges already had suffered or sustained or which hereafter may be had suffered or sustained for as by Reason of the loss of the said ship Jolly Tarr and cargo as aforesaid.

Thus done and protested at Bathmore where no notary is by the Subscriber One of the Justices of the peace for the County aforesaid the day and year first above written—