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[Page 2]

he would follow my motions, when he hailed me in return and said he had given the Master of the Sinclair orders not to go before his Beam, and refused to be guided by me but by Signal.

On the 6th April before Sunset, owing to very unsettled Weather I made the Signal No 252 to the Porpoise to be attentive to my motions, to which he hoisted a common Pendant in defiance and did not answer the Signal which I kept flying until dark.-

On the 7th April in the Evening the Porpoise made the Signal for the Sinclair to come within hail - The Master could not do that, but went on board when Captain Short told him very harsly [harshly] that if he went before his Beam he would fire a Shot across his Bows, that if he did not then drop astern he would fire into him, and if that did not do he would fire a whole broadside, and make him keep astern as long as his Guns could do.

This was unprovoked threatening, for the Sinclair had given him no cause - under pendant of my being in her directing the Course of the Ships according to their Lordships Orders of the 11th December last.

On the 8th April Captain Short began

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