British New York Vice-Admiralty Court. Captured ship: Esther otherwise Ethen (master...

HCA 32/325/17

1778 Jun 22

British New York Vice-Admiralty Court.

Captured ship: Esther otherwise Ethen (master Alexander Kennedy, owner George Muir).

Capture history: a loyalist American merchant ship (brigantine, 110 tons, 9 men) bound from Virginia to Boston, Massachusetts or to Philadelphia [occupied by the British until 18 June 1778], laden with 999 barrels of flour, 50 barrels of bread, 2,900 staves and 7 hogsheads of tobacco (belonging to loyalists planning to realize their assets before leaving America); taken on 22 June 1778 off the Capes of Virginia by the privateer Tryon (George Sibbles commanding), and brought into New York.

Intended voyage: from United States to British America.

Court papers numbered CP 1-35:-

Action on first libel, of Sibbles:-

• [CP 1]: affidavit of papers brought in by the prize master John Richardson, second mate, 29 Jun 1778;
• [CP 2]: libel in Sibbles v The brig Esthen or Esther and her cargo, 1 Jul 1778;
• [CP 3]: monition, 1 Jul 1778 to be answered by 22 Jul 1778;
• [CP 4, CP 4A, CP 4B]: three depositions of Solomon Howard mariner, Abishai Jenne mate and Alexander Kennedy of Ayrshire, 2 Jul 1778;
• [CP 5]: answer and claim of Israel Lieben alias Israel Lebanon merchant and tobacconist of Philadelphia, Pennsylvania, and George Muir of Fredericksburg, Virginia, merchant and plantation owner, that they had agreed to supply the army of Sir William Howe in Philadelphia with provisions and tobacco, accepting drafts drawn on David Franks to release money for loyalist prisoners of war to buy food from Lieben, 15 Jul 1778;
• [CP 5A]: replication of George Sibbles to Israel Lieben;
• [CP 5B]: rejoinder of Israel Lieben to George Sibbles;
• [CP 6]: answer and claim of Alexander Kennedy, 17 Jul 1778;
• [CP 6A]: replication of George Sibbles to Alexander Kennedy;
• [CP 6B]: rejoinder of Alexander Kennedy to George Sibbles;
• [CP 7]: second replication of George Sibbles to Alexander Kennedy;
• [CP 8]: deposition of Abishai Jenne, of Boston, 10 Aug 1778;
• [CP 9]: deposition of John Wingate of Orange County, Virginia, a loyalist threatened by rebels with being tarred and feathered, 10 Aug 1778;
• [CP 10-CP 11]: two depositions of Solomon Howard of Dartmouth, Massachusetts, 10 Aug 1778;
• [CP 12]: detailed deposition of Alexander Kennedy of Ayr, Ayrshire, of his previous loyal voyages, and the plans to help these loyalists escape from Virginia, using the sale of their tobacco to finance a new life, 14 Aug 1778;
• [CP 13]: deposition of Kennedy on cross-interrogatories, 16 Aug 1778;
• [CP 14]: deposition of John Wingate clerk, who as rector of St Thomas parish, Orange County, could not agree with alterations to the liturgy by the Assembly of Virginia, 18 Aug 1778;
• [CP 15]: deposition of Wingate on cross-interrogatories, 20 Aug 1778;
• [CP 16]: deposition of Wingate on cross-interrogatories, 20 Aug 1778;
• [CP 17]: deposition of Joseph Galloway, superintendent of police in Philadelphia, that 30 certificates were issued to ships to deliver supplies to the British, 20 Aug 1778;
• [CP 18]: deposition of George Blair of Norfolk County, Virginia, giving proofs of Muir's loyalty, his aid to midshipman Rogers when a prisoner of war, and his danger in Virginia, 20 Aug 1778;
• [CP 19-CP 20]: two depositions of Elias Hardy, attorney, giving proofs of Muir's loyalty and danger, 21 Aug 1778;
• [CP 21-CP 22]: two depositions of Israel Lieben, 25-27 Aug 1778;
• [CP 23-CP 24]: two depositions of George Muir,"obnoxious to the rebels", 3 Sep 1778;
• [CP 25]: deposition of Charles Matheson of Philadelphia, 8 Sep 1778;
• [CP 26-CP 27]: two depositions of Henry Mitchell of Fredericksburg, 9 Sep 1778
• [CP 28]: deposition of Nisbet Balfour, former aide de camp to Sir William Howe, that Israel Lieben and the Israel Lebanon in exhibit C shown him [SP C] are the same person, 19 Sep 1778;
• [CP 29-CP 30]: two copies of the notice of appeal of George Sibbles against the sentence of Robert Bayard, requesting delivery of apostilles to him.

Notice of appeal decisions, upholding the original sentences, 4 February 1779:-

• [CP 31]: brigantine and cargo (except tobacco) to be restored to Lieben and Muir;
• [CP 32]: tobacco to be restored to Kennedy.

Action on second libel, of Kennedy:-

• [CP 33]: libel in Alexander Kennedy v George Sibbles, 5 March 1779;
• [CP 34]: answer and plea of Sibbles, 10 March 1779;
• [CP 35]: replication of Kennedy,16 March 1779.

Ship's Papers, marked SP A-C:

• SP A: exhibit A: ship's register, Virginia, 17 Jun 1778;
• SP B: exhibit B: clearance from Upper District, James River, 17 June 1778;
• SP C: exhibit C: licence to Israel Lebanon to bring in to [Philadelphia] from Virginia a vessel laden with provisions for HM Army and Navy, 12 February 1778.

Mail in transit, numbered MT 1-??:-

• MT 1: MT 1: personal letter from Randall Holden jr, Ocracoke, North Carolina (bound for Paramaribo, [Surinam]) to his wife Elizabeth, Warwick, Rhode Island (addressed to himself), 20 March 1778;
• MT 2: business letter from Caleb Greene, Ocracoke (difficulties of local trade, bound for Surinam) to Robert Taylor, Providence, Rhode Island, 21 March 1778, enclosing MT 2A, a note to his wife Molly, addressed to Caleb Greene of Warwick;
• MT 3: a business letter from Carter Braxton, Virginia to Isaac Gouverneur, Curaçao, 12 May-16 June 1778;
• MT 4: a business letter (sent via Captain Kennedy who goes to Holland via Curaçao) from Carter Braxton, Virginia to Messrs George Clifford & Tyssett, Amsterdam, 19 June 1778.

See HCA 42/121/9 for manuscript appeal papers, and the printed appeal at HCA 45/7/19.

[Papers previously wrongly identified as Court papers: 1-58; Ship's papers: 59-69 (large pencil numbers): sorted and renumbered in 2025. Some misplaced papers moved to HCA 32/445/1 in 2025].

HCA 32/325/17/1-69

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