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to have passed by, Yet the said Vessell th … to have passed by, Yet the said Vessell the ''freeman'', by the wilfull and obstinate<br />
miscarriage of the then Master of her John Whitty and Companie, did<br />
violently runne aboard and ffell foule of the said shipp the ''Mary'', and<br />
broake her maine mast, maine topps, maine yeard, foreyard, her maine shrowds<br />
two of her foreshrowds, her misen topmast, and cracked her misen mast, spoyled<br />
her maine stay in two places, and broake one side of the shipp the ''Mary'' aforesaid<br />
downe to the Water, and rent the foresayle and maine topsaile, very much<br />
damnifying all the small rigging, and the maine saile very much deteriorated<br />
by the meanes aforesaid, And saith that upon the said running aboard, some of<br />
the Companie of the said Vessell the ''freeman'' coming aboard the said shipp the<br />
''Mary'' cutt and hacked the said shipp the ''Mary'' and her tackle violently<br />
and according to their owne pleasure, the said Mr John Whitty then being on<br />
board his said shipp the ''ffreeman'', and in the hearing of this Deponent and his<br />
contests and others, calling out to the Master and Companie of the said shipp<br />
''Marie'', said aloud, '''You Collierly doggs, would I had sunke you''', or '''I did'''<br />
'''not care if I had sunke you''', or words to that effect, by whic his expressions,<br />
and by the gaire opportunity which the said Whitty had to have passed by<br />
without any the least incommodation by the said shipp ''Mary'', this deponent<br />
is fully assured, that the said Whitty and Company did wilfully and of sett<br />
purpose doe as is predeposed/ hee further saith, That forasmuch as this deponent<br />
was personally present and on board the said shipp the ''Mary'' in the condition of<br />
Masters mate at such time as the premisses were had and done as aforesaid<br />
and did see observe and take speciall notice thereof, and by reason of<br />
his experience of twenty yeares and upwards in Sea faring affaires, having<br />
good knowledge of the worth of a compleaste furniture tackle and appurtenances to<br />
such a shipp as to the ''Mary'' was belonging, hee doeth declare, that hee is in Conscience<br />
Convinced, that the said shipp the ''Mary'' by the meanes predeposed hath<br />
suffered dammage to the value of two hundred pounds sterling or thereabouts<br />
and firmly beleeveth that the reparation of the said shipp in her hull, sayles<br />
yards masts rigging and otherwise will really cost two hundred pounds or<br />
thereabouts, before shee can be restored into so good a condition as shee was in<br />
before the said meeting with the shipp ''freeman'' in manner as is predeposed<br />
And further hee cannot depose//
To the third hee saith, That at the time of the dammage received as aforesaid<br />
the said shipp the ''Mary'' was a Vessell constantly employed in the Newcastle trade<br />
to transport coales from thence to this Port of London, and that by reason of the<br />
said dammage sustained, was necessitated to remaine in and neere the River of<br />
Thames, and now is at the New Crane to be repaired and fitted to sea, by<br />
meanes whereof shee hath lost an employment to Newcastle as aforesaid for coales<br />
which, in case the said dammage had not bin, shee might in all probability<br />
have well performed within the time of her said necessitated remaining herem [?there GUTTER]<br />
being severall shipps, which within that time have from London performed the<br />
like voyage to Newcastle and back againe with their lading of coales; And<br />
saith hee well knoweth, being for long time accustomed to such voyages, that the<br />
Owners of the said shipp, by the said necessary stay of the said shipp for repareing<br />
(havesaid shipp for repareing<br />
(have +
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