Documentary History of the State of New York, Vol. III

I desired some to go with me, that they might be Witnesses that I demanded a Copy ; but tliey would not, and said, if they should they should have Ill-will, and might have an Injury done tliem. And altiiough I could not know in tlie Court wliat was dune, I was informed tlie Judge did give Judgment against me, my two Sons and Col. Ric^wrd Floyd. So they made it all one Case upon Tryal, but every one particular in the Court Charges ; but t'lere ought to have been particular Pleadings, because the said Floyd's Case was thus : Capt. Tke.ophilus HowVs Company in Bridg^iamyton had a License from the Governor to go to kill Whales, obliging tlieiuselves to pay the 20th Pait.

T!iis Company killed this Whale, and brought it on Sliore. In the Night a strong Eastwardly Wind drove it along Shore a])!>ut Forty- Miles. The Owners of this Whale put it into the Sidd Floyd's Hands, to cut it up and make it into Oyl Jbr them. T/se siid Floyd is prosecuted for this Whale, and the Capters iiaving their Whale kept out of their Possession, by Reason of the Prosecution, next Seasm would not take a License : So that Nine Men were subpena'd to J^'cw-Ycrk the 24tii q^ June., in the most busy Time in the Summer, one Hundred Miles, to pay tlieSOt'i Part of what they got the Winter before, besides Chai-ges. So that it' tliey v/ill not. take a License, they shall be molested, if tliey do, tliey may lose their Whale.