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Cornelius Austin being duly sworn on the Holy Evangelist of Almighty God deposeth & saith, that this deponent was in a Boat with his Brother Daniel Austin, and they they took in Mr William Brimage and a Person that said he was a Lieutenant of a Man of War, who called himself Campbell, ^& one John Smith of Bertie County^ that they went peaceably and quietly to New Inlet, there the Lieutenant insisted on going to take a view of the Inlet, which this deponent would not agree to, but the Lieutenant insisted upon to go and said he both must and will see New Inlet this deponent then told him he would go where he pleased with his own Boat. Mr. William Brimage was at that time laying down in the Boat and this deponent thinks he was a Sleep, the Lieutenant waked him up and they w^h^ispered together but what they said this deponent does not know then they the said Lieutenant & Mr Brimage insisted to go down to New Inlet, accordingly they put the Boat about and went to the Inlet and Landed on the Northern side of the Point and went on shore. The first thing this deponent saw after he got on shore was the Lieutenant with a pair of Pistols in his hands, and his Brother beging for Gods sake not to take his Lif[e], that one ^said^ John Smith and this deponent had some talk, who told this deponent that he would loose his right arm before he would see him hurt or wronged nor his Boat taken from him then this deponent said to the said Smith will you stand by me if I attempt to take the Lieutenant, immediately this deponent went to take him and fetched a step or two towards the Lieut Lieutenant, the said Smith came after him and begged this deponent would not do any thing of that kind, as the said Smith said the Lieutenant was a blooded minded Fellow and was afraid he would kill some of them, upon that he desisted, that he & his Brother was taken Prisoners at the place by the Lieutenant and obliged to agree to carry them to Currituck Inlet and Land them there on the Beach that they might make their escape along to the Cape, as this deponent understood to be the Capes of Virginia, then they proceeded to an Island of Marsh to Ballast the Boat and to wait until a Squall which was then rising was over, in the mean time Mr William Brimage and John Smith undertook to see the Boat safe returned to this deponent & his Brother, they then proceeded on their way to Currituck untill they came up with Roanoke Island. Then it grew dark & Squally they were obliged to put a shore at Dolbey's point and took a Walk a small distance on the Beach. William Brimage then was afraid some they should be discovered by some Person and proposed to go back to the Boat, which they did accordingly. They put off and went a little further, & went on shore again, and hauled the Boat a small distance on the sand and took shelter under a Tree and was there some time his Brother whispered to him to take the Boat and run off with her which he did, and further this deponent says not that it was much against the Will of the said John Smith to go to New Inlet he wanted to proceed further to Roanoke Island where they were first bound—& further this deponent says not.

Sworn to before us this 30th July, 1777.

Rob. Smith,

Willm. Bennett,

Chas. Bondfield.

        Oath
Cornelius Austin
          vs
Wm. Brimage