Public Instrument of Protest – James Frost – Avalanche

By this Public Instrument of Protest

Be it known and made manifestunto all who it doth or may concern that on the day of the date hereof before me, Arthur Stephen Rendell of the Town of Saint Johns in the island of Newfoundland, Notary Public,  by lawful authority duly admitted an sworn, personally came and appeared, James Frost, Master, Ambrose Churchill, First Hand, and Reuben Martin, Seaman, all of the schooner or vessel called “Avalanche” of the burthen of fifty five tons or thereabouts belonging to this port of Saint John ‘s aforesaid, the said master having duly noted his protest in this behalf, before me, the said Notary, who all solemnly declared:

That about noon on Wednesday the 27th day of April last past, said vessel having on board four bales dry goods, five boxes groceries, ten barrels dry goods, four sides of leather, two chests of tea, eight bags of nails, three coils rope, forty four hogshead salt, two herring barrels, two puncheons molasses, two casks, kerosene oil, two tubs of butter, one barrel pork, one herring seine, seven herring nets, three grapnels, cod seine boat, and ships stoves, they, the said appearers, with others, forming together a full and competent crew, left North Harbour, Placentia Bay in this Island of aforesaid bound for Random Sound in Trinity Bay in this Island aforesaid via Saint John’s aforesaid, the wind at the time being E.N.E and weather thick. That nothing worthy of note herein occurred until 11:00 pm vessel going about five knots per hour when she suddenly struck heavily on a sunken rock, nasty cross sea running causing the vessel to bump heavily before going over rock. That they immediately tried the pumps and found vessel making water rapidly. Ten hauled down mainsail and staysail to steady vessel, continued pumping, but, water gained rapidly on the pumps and in fifteen minutes there was four feet of water in the hold. Said master after consultation with his crew seeing no possibility of saving vessel or cargo took to their boat for safety of their lives. About five minutes after abandonment they observed their said vessel sink, vessel and cargo becoming a total loss and crew saving only part of their clothing. That they then rowed for the shore, but, were unable to effect a landing until daylight at Saint Bride’s Cove, where they were informed that the rock they struck was Bull Rock. Being unable to obtain assistance at Saint Bride’s Cove, aforesaid, they started for Placentia about 6:30 am and rowed until noon when being exhausted they anchored at Custlett Cove. That at 4:30 a.m. on Friday 29th they began rowing and at noon arrived at Placentia from there by train to Random Sound aforesaid and from there to Saint John’s aforesaid by Schooner “Gladys”

Arriving at 11:00 a.m. on Saturday the 14th day of this present month of May.

 

And the said appearers do further declare that at the time of their departure from North Harbour aforesaid, upon said voyage, their said vessel was tight, staunch and strong, was well and sufficiently manned, provided and furnished with all things needful and necessary for said voyage, that the hatches were carefully secured and covered and the pumps al all times attended to.

 

Therefore the said James Frost did declare to protest as by these presents he doth most solemnly protest, against all and every person or persons whom it doth or may concern, the loss of said vessel and cargo having been occasioned by the dangers and accidents of the seas in the manner herein before mentioned and set forth, and not by or through the inefficiency of said vessel, the neglect of said appearers or any of his crew.

 

Act whereof being requested of me, the said Notary, I have granted these presents under my Notorial Form and Seal of Office and the said appearers have also subscribed the same in my presence this seventeenth day of May , in the year of our lord, one thousand, eight hundred and ninety eight.

 

James Frost

Ambrose X Churchill (his mark)

Reuben Martin

 

ASRendell

Not. Pub

 

 

Saint John’s                Newfoundland

To wit                       James Frost, Master, Ambrose Churchill, First Hand, and Reuben Martin, Seaman, all of the schooner or vessel called “Avalanche” do severally declare and say that the foregoing Instrument of Protest was clearly and distinctly read over to them,

These declarements, and that the several matters and things therein contained are in all repects right and true as the same are therein                     particularly alleged, declared, and set forth.

James Frost

Ambrose X Churchill (his mark)

Reuben Martin

 

Declared before me

ASRendell

Not. Pub.

_____________________

 

 

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Transcribed by Lester Green, June 2017

These transcriptions may contain human errors. As always, confirm these as you would any other source material.