The circumstances of the battle included controversial violations of accepted rules of war regarding the flying of false flags and distress signals.

[2] Sybille had three weeks previously engaged the 32-gun British frigate HMS Magicienne, under Captain Thomas Graves.

At some point, a broadside from Hussar penetrated Sybille under the waterline, causing her to leak gravely, which flooded her gunpowder reserve.

[3] Sybille's pumps proved unable to compensate for the intake of seawater, and Kergariou ordered twelve guns thrown overboard.

Russell took the sword and reportedly said: "Sir, I must humbly beg leave to decline any compliments to this ship, her officers, or company, as I cannot return them.

And now, Sir, you will please observe, that lest this sword shold ever defile the hand of any honest French or English officer, I here, in the most formal and public manner, break it.

The crew of Hussar discovered £500 in valuables aboard Sybille, which the French officers claimed as personal property.

[7] Russell kept Kergariou and his officers under guard in the orlop, fed them basic food rations, and provided them no bedding.

[3] When Russell brought the prize into New York City he reported the circumstance, and his officers swore an affidavit in support of their captain.

The Treaty of Paris was then on the point of being concluded, and in consequence the Admiralty Board and British government thought the affair would cause undue scandal.

"[8] In the automatic court-martial for the loss of his ship, between April and September 1784,[5] the allegations were brought to the attention of the court; Kergariou-Locmaria was honourably discharged of all accusations of wrongdoing.