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[Page 69]
suddenly sent out of the Port on a pretended suspicion of smuggling, that she could not stow her Cargo, in consequence of which was obliged to put into Broken Bay. This had no sooner become known than McArthur asserted she had returned to smuggle, and persuaded Actg. [Acting] Lieutenant Symons to seize her as a Prize for the Porpoise, which he did, and brought her back here on the 16th. On the 22nd a court of Vice Admiralty was held by a Precept from Major Johnston, as here inclosed to decide this Case; of which Captain Abobtt was Judge, Chas Grimes Register, Nicholas Bayly Marshal; and Garnham Blaxcell the Partner in Trade with McArthur, acted as Agent for the Prosecutor Symons. In the course of the Trial altercation arose between Mr Blaxcell and Captain Abbott, on account of which the former left the Court, and McArthur took his place and brought with him my private Instructions from His Majesty's Ministers, reading aloud such parts of these Instructions as related to the Importation of Spirits into the Colony's and also, read that part which related to the Americans with respect to Trade, and thereby impressing on the American Masters and Men, an Idea of the intentions of His Majesty's Government being unfavourable to them. After all the Ship and Cargo were
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