[Appendix A(58) 1792 Report of Commissioners of Inquiry]

N° 58.

CHANCERY FILE 1783

In the Matter of the Petiion of His Grace JOHN DUKE of ATHOLL against JOHN GAMUL,

EXAMINATION of WITNESSES, taken in the said Cause the 3d Day of December 1782, on the Part of the said Petitioner WILLIAM CORKILL, of the Parish of Andreas, Yeoman, being sworn and examined, deposeth and saith,

That upon Sunday the 2d day of November last past, before sun-rise, he went to the seashore and there saw barrels of tar driven on shore by the sea; and that he secured five of the said barrels without wetting his feet, by rolling them up above the full sea-mark. And at the same time William Christian and Thomas Cowen in like manner secured twelve other barrels, or thereabouts, which. were in the same situation as the said five barrels secured by this Deponent as aforesaid: The he knows John Tear, the Petitioner's Moar or Bailiff, of the said parish , and this Deponent went to the said Moar and acquainted him with the said wreck goods and the salvage and the salvage thereof, and requested the said Moar to take the same into his charge on behalf of the Petitioner as formerly accustomed: That the said Moar accordingly returned with this Deponent to the said shore,and there took the charge of the said tar, and appointed this Deponent and others as a watch or guard over the said barrels of tar, which, to the best of this Deponent's recollection, amounted to about eighteen or nineteen barrels; and also a water-cask, a powl, and part of a deck of a vessel; That it was something more than half flood when the said tar and other particulars were secured in manner aforesaid; That he observed at the same time the mast of a vessel and part of jib appearing above the water at some distance from the place where the said barrels were found, of which he also acquainted the said Moar: That at the next ebb the Deponent observed, that the said mast and jib was part of a sloop which had been sunk there, and that the boom had been driven on shore: That on the day following the Deponent John Gamul, with John Scott and Joseph Peat, who were Revenue Officers belonging to the port of Ramsey, as the Deponent understood, came to the shore where the said goods lay; and in a day or two afterwards he saw carts taking away the said goods towards the shore, as the Deponent apprehended, but was then at some distance from them. And the said Deponent being cross-examined on the part of the Defendant, saith That when the Deponent firft saw the said barrels of tar, the waves of the sea, which was then flowing, were dashing among the said barrels, bue that the said barrels did nor float, and on the return of the said waves the said barrels were left dry: That he saw the said sloop when the tide was ebbed, and that she was then surrounded by the sea, but that he observed a good part of her hull above the water: That he saw the Defendant on board in first boat, which the Deponent observed to go out to the said sloop, and that the said John Tear, the said Moar, was also on board the said boat, and returned to the shore , and having landed, the Defendant and the said Moar returned with the said boat to the said sloop, and afterwards came on shore, and brought with them two other barrels of tar and some rod iron, and the Deponent heard that the said Moar sold some broken timber belonging to the said wreck,

WILLIAM CORKILL, his mark x.

That on Sunday the 3d day of November last past, before sun-rise, he went to the sea-shore and found one barrel of tar, lying dry, upon the shore, and another barrel sunk in the gravel about half a mile off, and also dry upon the return of the waves, both which said barrels the Deponent supposes to have been driven on shore the preceding tide: That the Deponent rolled up the said two barrels above the full sea-mark into safety, and then committed them to the care of John Tear, the Moar of the parish of Andreas, on the behalf of the Petitioner: And the Deponent hath heard that there were nineteen or twenty other barrels of tar saved in like manner: And the Deponent at the same time observed the mast of a sloop, which had sunk at a little distance from the shore, appearng above the water: That upon Monday morning some of the timber, supposed to be part of the said sloop, and saved the preceding day, was observed to have been stolen away ; upon which the said Moar was advised by the people then present to dispose of the remaining part of the said timber, and prevent further embezzlement; and the same was then and there sold by auction accordingly : That on the Monday morning aforesaid desired the Deponent and others to take a boat and proceed to the said sloop ; and then going home, and the Deponent having the said boat ready before the said Moar's return, proceeded to the said sloop without him, and fastened a buoy by a strap or cord to the shrouds of the said sloop; upon which they observed the said Moar and Defendant calling to them from the shore; and thereupon the Deponent went with the said boat on shore, and took the said Moar and the Defendant on board the said boat, ans then returned to the said sloop : That the said John Tear, the said Moar, went upon the shrouds of the: said sloop, and said he took possession of the said sloop, which possession this Deponent understood to be on behalf of the Petitioner; and while the said Moar was on the said shrouds as aforesaid the Defendant with his knife cut the broad arrow upon one of the blocks of the said sloop, which the Deponent looked upon to be the King's mark, the Defendant meaning thereby, as the Deponent apprehended, to be taking possession for the King: That he remembers the shore where the said sloop lies for this forty-nine years past, and saith, that the tide ebbs further out than the said sloop every vernal equinox ; and the Deponent hath catched sand eels between the said place where the said sloop lies and the sea, and that he has walked to the stern of the said sloop some day in the week she was so sunk, and boarded her without wetting his feet, for that he had crossed a gully at the said stern of a yard wide, or thereabouts, by means of a board he placed over the same.And the Deponent being Cross-examined on the behalf of the Defendant, saith, That the said board might be about five yards long, but that so great length was not necessary for the said purpose : That on Monday the 4th day of November, in the morning, the said sloop was under water, so that they could not take any goods out of her; but upon the ebb they returned to her, and took up with the said boat one crate of wine in bottles, about fix-and-twenty bundles of rod iron, and part of the rigging of the said sloop, which were accordingly conveyed on shore, and from thence carried by cart to the house of John Tear, father of the said Moar; and the said wine was deposited in the cellar, and the said iron and rigging lodged in his barn, which was locked up by the Defendant, who went out with the Deponent and boat crew while they were taking the said goods out of the hold of said sloop, and accompanied them.while they were going on shore, and went in the cart which carried the said wine to the said John Tear senior's house as aforesaid; and the Deponent did not see the siaid Moar offer any obstruction to the Defendant.

WILLIAM CREBBIN, his mark y.

JOHN CURLET, of the Parish of Andreas, Husbandman, being sworn and examined, deposeth and saith, ;

That about five weeks ago a parcel of tar barrels were wrecked on the coast of the said parish and committed to the charge of John Tear the Moar: That the Deponent and others having saved a barrel of tar and some boards and old ropes, the Deponent was for lodging the same in the house of Philip Clarke: That the next day he went to inquire for the said goods, and was informed that the said barrel of tar remained, but that the said other articles were burnt by the soldiers who were there upon guard: That he heard the Defendant direct that the goods saved by the boats should not be lodged in different places, but deposited with the rest of the goods saved, as he meant to carry them all to the Custom-house at Ramsey ; for that it was his duty to take care of them on behalf of the King; and as the Deponent best remembers in a conversation between the said Defendant and John Tear, Moar of Kirk Andreas, concerning the wine which had been saved, and about whose duty it was to have the custody of the said wine, the said John Tear declared, that if the Defendant would take the said wine out of his hands forceably he could not help it; and the Deponent hath heard that all the tar which hath been saved hath been conveyed to the Custom-house at Ramsey by the Officers of the King: And being cross examined on the part of the Defendant, saith, That he did not see the Defendant use any force to get the said goods; he only heard him say it was his duty to take care of them ; and that he saw three crates of wine,three barrels of tar, and some bundles of rod-iron, taken out of the said sloop about low-water, and carried on shore by boat: That the siad sloop was surrounded by the sea when the said goods were so taken out of her as aforesaid; but that he thinks he hath seen the said place dry where the said sloop lies; and he hath, he believes catched sand eels therein in high springs when the tide is out: That it was the Defendant who employed the Deponent to save the said goods which the Deponent had taken up with his boat out the said vessel as aforesaid: That he saw the people as well on board the sloop, as also in the boat drinking of the said-wine, and heard the Defendant scolding them for it, and doing his endeavors to prevent them: That he saw a party of soldiers keeping ward there; and the Deponent was told, that the Defendant had procured them to protect the said goods from embezzlement.

JOHN CURLET, his mark X:

THOMAS TEAR being sworn and examined, deposeth and saith,

Thaat he was on the sea-shore, in the parish of Andreas, upon Sunday the 3d day of November last past, and that he then and there saw William Corkill deliver five barrels of tar, and also William. Chriftian deliver twelve other barrels of tar, and William Crebbin deliver two barrels of tar, and another person, whom the Deponent doth not know, deliver one barrel of tar, making in the whole twenty barrels of tar, which had been stranded, and were so delivered to John Tear, Moar of the said parish, on the behalf of the Petitioner; and that the Deponent afterwards saw the said barrels of tar put on board a boat by the orders of the Defendant, in order to be brought round to the Custom-house at Ramsey : And the Deponent saith, That be heard the said John Tear declare to the said Defendant, or some other of the Cuttom-house Officers who attended on the occasion

that he did not consent to the carrying away of the said tar as aforesaid ; but if the same were to be taken away by force, he could not help it: That the said Defendant had a guard of soldiers upon the tar and other goods and saith, That the said Moar had a watch over the said several goods previous to the arrival of the said soldiers ; and saith, That no goods were saved by boats on Sunday the 3d of November aforesaid, And the Deponent being Cross-examined on the part of the Defendant, saith, That he apprehended that the said Defendant used force to get possession of the said goods by his having soldiers with him ; and that when the people who were employed by the Moar in carrying in their boats the iron out of the sloop which was sunk, the said soldiers took the said iron from them by force: That he understood that the said soldiers were sent for to protect the said goods. from being plundered ; but that it appeared to him that they did more harm than good, for they burned pieces of wood and cords for fire while they were on watch: That after one of the said crates of wine was brought up and lodged in the house of John Tear, the said Moar's father the crew of the boat were very pressing. to get some of it to drink, as they were wet and cold; but the defendant refused them, and said, he would rather give them money to drink, which he accordingly gave to the said Moar for that purpose: And the Deponent saith, That he understands that the said tar was taken up between high and low-water marks, and that the said crates of wine and bundles of rod-iron were brought on shore by boats, except one bundle, which was carried by a man upon his back, as was a kettle by another person.

THOMAS TEAR.

Taken before me JOHN TEAR C.R.

Upon further Examination of Witnesses taken in this cause the 11th day of December 1782, on the part of the Defendant,

JAMES TEAR, a Corporal in His Majesty's Fensible Battalion of this Isle, being sworn and examined, deposeth and saith,

That some time in the beginning of November last past he was ordered with a detachment of the said Fensibles to assist the Defendant and others of His Majesty's Revenue Officers in protecting certaiin, goods belonging to a sloop or vessel sunk on the coast of the parish of Andreas near the Laane Moar, and prevent the said goods being plundered by the country people, from some of whom the Deponent took iron and timber : That he saw John Tear, Moar of the said parish, ordering people with carts, and assisting in carrying some barrels of tar, three crates of wine, and several bundles of rod-iron, and putting them into a boat in order to convey them to Ramsey, and then heard the said Moar say, that the Defendant had directed him to superintend the said business in his the said Defendant's absence ; and this Deponent afterwards saw the said boat and cargo in Ramsey aforesaid, and Thomas Tear, the said Moar's brother assisted also in putting the said goods on board as aforesaid : And the Deponent faith, That he was on board the said vessel when the tide was out: That the sea surrounded the said sloop, and he was carried on board the said sloop upon a man's back; and that he saw the said Moar and the Defendant together on the shore, and that he saw the said Moar give no opposition to the Defendant: And the Deponent saith, That neither he nor any one of the said detachment, to his knowledge, used any force to prevent the said Moar from saving or taking the said goods. And being Cross-examined on the part of the Complainant saith, That when the Deponent came with his detachment as aforesaid, all the said tar, except one barrel, had been carried above the full sea-mark, and was out of danger from the sea, and under a guard of Fensibles, under the command of Corporal McBride, whom he relieved : that he assisted in saving some of the said goods out of the said sloop.

JAMES TEAR, his mark x.

JOSEPH PEAT, Tidesman or Boatman, belonging to the Custom-house of : Ramsey, being sworn and examined, deposeth and saith,

That on or about the 4th day of November last past he was ordered to attend on the shore near the Laane Moar, in the parith of Andreas, where a sloop or vessel had been sunk : That he saw three barrels of tar, three crates of wine in bottles, and some bundles of rod-iron, saved by means of boats out of the said sloop, under the direction of the Defendant, who had been there been there before the Deponent arrived: That he also saw some barrels of tar above high-water mark, which had been saved by the country people: That he attended upon the said duty, and was also present when two of the said crates of wine, the said barrels of tar, and bundles of iron, were put on board a boat which the Defendent had provided in order to convey the said goods to Ramsey: That John Tear, the Moar of Andreas aforesaid, was present when the said goods were put on board the said boat as aforesaid, and assisted with his father's carts on that occasion; nor did he hear or see the said Moar offer any objection thereto : That he saw the said sloop at low water and the sea was constantly about her : And this Deponent saith That the shore about the said vessel is a plain flat sand and the Deponent observed no rocks there : That he saw a paper or ticket in the said Moar's hand which he said was found on the beach, with the direction " N° 1-6 doz. John Gibson, Esq.

JOSEPH PEAT

PHILIP FARGHER being sworn and examined saith,

THAT he was on board a boat employed in saving goods out of a sloop, which was lately sunk near the shore of the parith of Andreas: That some crates of wine were taken out of the said sloop, upon one of which was a ticket with some writing thereon, which this Deponent delivered to John Tear, Moar of Andreas aforesaid ; and that there were also some bundles of rod-iron taken out of the said sloop.

In the matter of the Petition of His Grace JOHN Duke of ATHOLL againt JOHN GAMMEL.

Examination of Witnesses taken in the said cause the 26th day of February 1783, on the part of the said Defendant.

THOMAS RADCLIFFE, of the. parish of Bride, Taylor, being sworn and examined, deposeth and saith,

That upon a Sunday in the beginning of the month of November 1782, he went in the morning to the sea-shore near the Laane, in the parish of Andreas, where he saw a sloop or vessel about.the low-water mark; and at the same time observed Sseveral barrels of tar which lay about the full sea mark, which the Deponent understood had been saved by the country people: That he hath looked upon the fragment of a paper partly printed and partly written, marked with the letter F, and certified to have been exhibited to him at this the time of his examination; and that to the best of his knowledge and belief the said fragment of paper was found either by the Deponent, or John Tear the Moar of Andreas, (who were then walking together)near unto some of the said barrels of tar ; and the Deponent thought the said paper to have belonged to the said sloop, as the same was found near the said tar barrels: That the the Deponent saw few certain boats carrying crates of wine and bundles of rod-iron from the said sloop.

THOMAS RADCLIFFE

Taken and sworn before me John Quayle, C.R.

Examined by JOHN QUAYLE, C.R.

The sunken sloop was the Leven of Ulverston, Miles Satterthwaite master which departed port of Harrington but met a gale on Sunday 3rd November which drove her onto the shore - the Andreas burial register has "Two men, found dead on the shore, near the rue point, supposed to have belonged to a Sloop wreckd there were buried, One of them the 4th & the other the 8th November 1782, in the South west corner of the new Church yard.". Corkill states the 5 bodies of the crew were washed up on the 4th November and buried the next day..

Reference Adrian Corkill Dictionary of Shipwrecks off the Isle of Man 2001

Any comments, errors or omissions gratefully received The Editor HTML Transcription © F.Coakley , 2021