( 194 )
which appeared to be a privateer, and a person came
on board, who said, that he was prize-master of said
schooner.—Mr. Bradford then made known to him that
he had a precept or writ of replevin, and by virtue of
that he had taken possession of the schooner.—The prize-
master, then requested that he might call for Mr. Jutau,
who was said to be on board the frigate Concorde, soon
after which Mr. Jutau came on board with some other
persons, the said marshal then made known to Mr.
Jutau the purpose and authority by which he had come
on board, said Jutau explained the same to those per-
sons on board said schooner.—Mr. Jutau soon after
went on board the frigate; an officer and about twelve
men came on board the schooner from the frigate, all
armed—The said officer,soon after, ordered the schooner
to be removed near to the frigate.—The marshal told
said officer his authority by which he had taken pos-
session, and forbid him to move the said schooner, this
removal was between ten and eleven o'clock the same
evening, shortly afterwards the french consul with Mr.
Jutau came on board.—The marshal then informed them
by what authority he came on board, and had taken pos-
session of the schooner—the consul then informed the
marshal that he should keep possession of the schooner—
the marshal then told the said consul, he would not quit
the schooner—the said schooner for one or two days
remained in possession of the officer and armed
men, contrary to the orders and will of the said
marshal, but the marshal remained on board of said
schooner—I was also on board the frigate in the morn-
ing of the 22d. August, with Mr. Amory, attorney to
and on the part of Messrs. Brymer and Belcher, and
when the captain informed said Amory, he should
protect and retain said schooner under his protection
notwithstanding the authority and doings of said marshal,
as mentioned to him by Mr. Amory, who related the
same to him.                              Nathl. Byd. Lyde.
Sworn to, September 10th,1793> before JohnLowell,
Judge of the district-court of Massachusett's district.