at daybreak on 14 may "alert" was at when she sighted three vessels. these edged towards "alert", as she edged away, and the strangers did not respond to "alert"s signals. at about 10:45 another three vessels appeared. the strange vessels signaled to each other, and most sailed away, but one remained in chase. then at noon some vessels appeared off "alert"s bow and smyth decided to engage his pursuer to try to cripple her and so escape. "alert" and the frigate closed at about 1:45pm and an action commenced after smyth declined an invitation to strike. by 3:30 "alert" had lost three men killed and nine wounded, her rigging and sails were shredded, and she had taken shots between wind and water. at this point smyth struck.