That on Sunday being the 28th day of April last past Capt. John Aldred, Comander of his Maj'tys Shipp the _Essex Prize_, came on Shoare to Collo. William Willson at Kyquotan and informed his Excellency Francis Nicholson, Esqr., his Maj'tys Lieut. and Governor Gen'll of Virginia, and Capt. Passenger, Comander of his Maj'tys Shipp the _Shorham_ Galley, in the hearing of this depon't, that he had been on board of a Pink and was there informed that there was a Pirate lay in Lyn haven bay and that she made her Escape from them, upon which information soe as aforesaid given Capt. Passenger immediatly went on board his Maj'tys shipp the _Shorham_ and got her under saile, designeing to goe downe in the night, and this depon't further saith that upon the aforesaid 28th day of April in the Evening his Excellency, accompaned with Capt. John Aldred, Peter Heyman, Esqr.,[2] and this depon't, went on board his Maj'ty's ship the _Shorham_. the next morning about six of the Clock wee came up with the Pirate (which this depon't since understands is called the _La Paix_, the Captaines name said to be Lewis Guittar). we threw abroad the Kings Jack, flagg and Ancient,[3] the Pirate hoisted up blood red Colloures and refused to submit, whereupon wee immediatly Engaged with them and Continued the fight till about four a Clock in the afternoone. Peter Heyman, Esqr., standing on the left hand of this depon't within a foot of him, made severall shots into the Pirates Shipp, and about one or two of the Clock was by a shott from the Pirates shipp unhappily slaine. about four in the afternoone the Pirate struck his bloody Collours and hoisted up a flagg of truce and then fired no more Gunns, whereupon Capt. Passenger Comanded a boat and hands to board the Pirate, who brought back with them about 124 Pirates Prisoners, and it was supposed there was about 25 or 30 kill'd in the fight and that about 40 or 50 English Prisoners were redeemed, whome the Pirate had taken. And this deponant Yet further saith that two of the Pirates men, being left on board the shipp called the _Nicholson_, Robt. Lurten Master, which was taken by the Pirates the 28th of April, were upon the coming up of his Maj'tys ship the _Shorham_ seized and brought on board us as prisoners, that this deponant was on board the _Shorham_ Galley all the time of the Engagement upon the quarter deck near to his Excellency, and saw all the Transactions, and further says not. JOSEPH MAN. Sworne to before the Court for tryall of Pirates Test, PETER BEVERLEY C. Arr. A true copy, C.C. THACKER C. Sec. Off.[4] [Footnote 2: Heyman was collector of customs for the lower district of James River. Gov. Nicholson caused a tombstone to be set in commemoration of him, with a laudatory inscription which is printed in the _Southern Literary Messenger_, IX. 695.] [Footnote 3: Ensign. See doc. no. 33, note 15.]