Tryals of thirty-six persons for piracy, twenty-eight of them upon full evidence were found guilty, and the rest acquitted. At a Court of Admiralty for tryal of pirates, held at Newport within His Majesties Colony of Rhode-island and Providence-Plantations in America, on the tenth, eleventh and twelfth days of July, anno Dom. 1723. Pursuant to His Majesties commission, founded on an act of Parliament, made in the eleventh & twelfth years of King William the Third, entituled, An act for the more effectual suppression of piracy. And made perpetual by an act of the sixth of King George.

The Co••rt 〈◊〉〈◊〉 according to Ad••ournment and was Opened by three Proclamations.

PRESENT.

• The Hon. William Dummer Esq▪ &c. President.
• The Hon. Samuel Cranston, Esq▪ &c.
• Nathaniel Paine, E••qr. of the Council of the Massachusetts-Bay.
• Addingt••n Davenport, E••qr. of the Council of the Massachusetts-Bay.
• Thomas Fitch, E••qr. of the Council of the Massachusetts-Bay.
• ...〈◊〉〈◊〉 Phipp••▪ E••qr. of the Council of the Massachusetts-Bay.
• John Me••••irs Esq▪ Judge of the Vice-Admiralty, &c.
• Thomas Lachme••e Esq▪ Surveyor-Ge••eral.
• ...Nathaniel 〈◊〉〈◊〉 Esq Collector of Rhode-Island.

〈…〉〈…〉 Esq being Appointed a Commissioner had the Oath Administred to him 〈…〉〈…〉 President.

〈◊〉〈◊〉 Charles Harris, Thomas Powell, John Wilson, Thomas Linnicar▪ D••niel Hyde▪ Steph••n 〈…〉〈…〉 Lacy, Edward Lawson, John Tomkins, Henry Berns, Francis 〈…〉〈…〉 Fitz Gerra••d▪

William Studfield, Owen Rice, William Read, Thomas Hugget, Peter Cues, Thomas Jones, William Jones, Edward Eaton, John Brown, James Sprinkly, John Brown, Joseph Sound, Charles Church, John Waters, Thomas Mumford Indian, and John Kencate Doctor, were brought to the Bar: And Arraigned upon the Articles Exhibited against them (and others) for Pyracy, Robbery, & Felony.

The Register Read the Articles in these Words following.

At a Court of Admiralty for Tryal of Pirates held at New port in the Colony of Rhode Island, &c. the 10th Day of July, Anno Domini, 1723.

ARTICLES of Piracy, Robbery and Felony, Exhibited then and there against Charles Harris, Thomas Powell, J••hn Wilson, Thomas Linnicar, William Blades, Daniel Hyde, Stephen Mu••don, Abraham Lacy, Edward Lawson, John Tomkins, Henry Barns, Francis Laughton▪ John Fitz-Gerrald, William Studfield, Owen Rice, William Read, Thomas Hugget, Peter Cues, Thomas Jones, William Jones, Edward Eaton, J••seph Swe••ser , J••hn Brown, Joseph Sound, Charles Ch••rch, John Waters, Thomas Mumford Indian, and John Kencate Doctor.

You stand here accused of Felony, Piracy, and Robbery.

First, For that you the said Charles Harris, with the other Prisoners, (and divers others,) on 〈◊〉〈◊〉 about the Eighth Day of May last in the Lat. 22 D. North, off Cape Antonio, by Force an•• Arms upon the High 〈◊〉〈◊〉 a (within the Jurisdiction of the Admiralty of Great Britain) Pirati|cally and Feloniously did surprize▪ 〈…〉〈…〉 take the Ship Amsterdam Merchant, whereof John Welland was then Commander or Ma••ter, of the Burthen of One Hundred Tons, belonging to His Majesty's Good Subjects. And out of her then and there within the Jurisdiction aforesaid, Feloniously and Piratically did take and carry away three Barrels of Beef, of the value of Seven Pounds, some Quantities of Gold and Silver of the value of One Hundred & Fifty Pounds one Negro Man Slave named Dick of the value of Fifty Pounds.

And also then and there did Piratically and Feloniously Sink the said Ship, of the value of One Thousand Pounds, and cut off the said Wellands right ••ar.

Secondly. That you the said Charles Harris, Thomas Powell, John Wilson, Thomas Linnica•• William B••••de••, Daniel Hyde, Stephen Mundon, Abraham Lacy, Edward Lawson, John 〈◊〉〈◊〉 Henry 〈◊〉〈◊〉, Francis Laughton, John Fitz••〈◊〉〈◊〉, William 〈…〉〈…〉 Rice, 〈…〉〈…〉 Thomas 〈◊〉〈◊〉, Peter Cues, Thomas 〈…〉〈…〉, Edward Eaton, Joseph Swetser, John Brown, James Sprinkly, John ••rown, Joseph ••ound, Charles Ch••rch▪ John Waters, Thomas Mum••or•• Indian, and John Kencate▪ (with divers others▪) on or about the Tenth Day of June last, about Fourteen Leagues to the Southward of the East End of Long-Island, by Force and Arms upon the High Sea within the Jurisdiction of the Admiralty aforesaid in a Hostile manner did Fe|loniously and Piratically attack His Majesty's Ship the Grey-Hound, Capt. Peter So••••ard Com|mander, and wounded Seven of his Men.

All which aforesaid Piracies, Robberies and Felonies were by you and each 〈◊〉〈◊〉 you done and committed in manner as aforesaid, contrary to the Statutes and Laws in that Case made and provided.

John V••••entine, Advocate General for the King.

To which Articles the said Charles Harris, with the other Prisoners before mentioned brought to the Bar, severally pleaded, Not Guilty. And Charles Harris, Thomas Linnicar, Daniel Hyde, Stephen Mundon, Abraham Lacy, Edward Lawson, John Tomkins, Francis Lawson, John Fitz••Ger|rald, William Studfield, Owen Rice, William Read, John Wilson and Henry Barns, were ordered to be Tryed this Forenoon. And Thomas Powell, Thomas Hugget, Peter Cues, Thomas Jones, William Jones, Edward Eaton, John Brown, James Sprinkly, John Brown, J••seph Sound, Charles Church, John Waters, Thomas Mumford Indian, and John Kencate Doctor, were remanded (by the 〈◊〉〈◊〉 to Prison to be brought on to Tryal as they should order.

Then the Advocate••General proceeded,

May it please Your Honour, and the rest of the Honourable Judges of this Court.

TH•• Prisoners 〈◊〉〈◊〉 the Bar stand Articled against, and are Prosecuted for▪ several Felonies, Piracies, and Robberies by them committed upon the High Sea. To which they have severally pleased. Not Guilty.

The Crime of Pyracy is a Robbery (for Pyracy is a Sea Term for Robbery) Committed within the Jurisdiction of the Admiralty.

And a Pirate is described to be, One 〈…〉〈…〉 enrich himself either by surpri••e or open force, 〈◊〉〈◊〉 upon Merchants, and others, Trading by Sea, to spoil them of their Goods and Treasure, often times by Sinking their Vessels, as the Case will come out before You.

This sort of Criminals are engag'd in a perpetual War with every Individual, with every State▪ Christian or Infidel; they have no Country, but by the nature of their Guilt, seperate themselves, renouncing the benefit of all lawful Society, to commit these heinous Offences: The Romans there|fore just••y ••tal'd can, Ho••••es humani Gen••ris, Enemies of Mankind, and indeed they are Enemies, and Arm••d, against themselves, a kind of Felons de se—▪ Importing something more, then a natural Death.

These unhappy Men satiated with the Number and ••••toriety of their Crimes, had filled up the mea|sure of th••ir Guilt, when, by the Providence of Almighty God, and thro' the Valour and Condu•••• of Capt. Solgard, they were delivered up to the Sword of Justice.

The Roman Emperors in their Edicts made this piece of Service, so Eminent for the Publick Good, as Meritorious as any Act of Piety, or Religious Worship whatsoever.

And 'twill doubtless ••e said for the Honour and Reputation of this Colony (tho' of late scandalously repro••••'d to have favour••••, or combin'd with Pirates;) and be evinced by the Process and Event of this Affair, that such Flagitious Persons, 〈◊〉〈◊〉 as little Countenance and Shelter, and as much Justice 〈◊〉〈◊〉 Rhode-Island, as in any other Part of His Majesties Dominions.

But Your Time is more precious th•••• my Words, I will 〈◊〉〈◊〉 mispend i•• in attempting to set forth the Aggravations of this Complex Crime big 〈◊〉〈◊〉 every 〈◊〉〈◊〉, nor in declaring the Mischie••••▪ and evil Tendencies of it; for you better know those Things before I mention them; and I consider to Whom I speak, and that the Judgment is Your Honours.

I shall therefore call the Kings Evidences to prove the several Facts, as so 〈◊〉〈◊〉 distinct Acts of 〈…〉〈…〉 the Prisoners 〈◊〉〈◊〉 by light Circumstances and Presumptions, 〈…〉〈…〉 Conjectures, 〈…〉〈…〉 and positive Evidence: And then I doubt not, 〈◊〉〈◊〉 'tis for 〈…〉〈…〉 of Mankind, this 〈…〉〈…〉▪ Your Honours will do justice 〈…〉〈…〉 them Guilty▪ and 〈…〉〈…〉▪

The King's Evidences being Sworn and Examined, deposed as follow••,

John Welland of B••st••n Mariner, to the first Article, charged, deposed, That upon the Eighth Day of May 1723. being in the aforesaid Sh••p the Amsterdam Merchant, and Master of her 〈◊〉〈◊〉 of Cape Antonio, 〈◊〉〈◊〉 was Cha••ed by two Sloops, whereof one of them came up with him, and hoisted a New 〈◊〉〈◊〉, and took him. And was called the Ranger, a Pirate under the Com|mand of Edward Low, who w••s in the other Sloop that chased him; and that the Deponant was ordered aboard the Ranger, where he went aboard with Four of his Men; and the Quar|••er Master Examined him how much Money he had aboard, and he told him about 150 l. in Gold and Silver, which they took out of the Vessel: and after he had been aboard the Ranger Sloop three Hours, he was carried on Board the Sloop Fortune where Low was, where 〈◊〉〈◊〉 was very much abused, having several Wounds with a Cut••a••s, and at last they cut off his right ••ar; and the next Day following, after they had taken out of his Ship one Negro, some Beef, and other things they Sunk the Ship. And the Day after he was taken the said Pirate took one Capt. Eastwick of Pi••cataqu••, on board of whom they afterwards put this Depon••nt & dis|missed him; the Pirates were all harnessed with Weapons, except Thomas Jones.

And also further deposed, that Henry Barns now one of the Prisoners at the Bar, was forced out of his Ship at the 〈◊〉〈◊〉 Time, and was very low and weak, and that the said Barns being ordered by the Pirates to go from Vessel to Vessel with them, (that is, their Prizes) when he got on board of Capt. Eastwick, he endeavoured to get away and hid himself, and the Pirates threatned to burn the Ship unless they discovered the said Barns, whereupon the said Barns was compelled to go on Board the Pirate Sloop.

John A••kin 〈◊〉〈◊〉 and late Ma••e of the Ship Amsterdam-Merchant, deposed, that he 〈…〉〈…〉 Ship taken as aforesaid by 〈◊〉〈◊〉 the Pirate and his Crew in 〈…〉〈…〉

was Mate of the abovesaid Ship taken as aforesaid by Low the Pirate and his Crew in the Two Sloops Fortune & Ranger; and that the said Pirate forced from out of the said Ship Amsterdam-Merchant, one Henry Barns now a Prisoner at the Bar, who cryed and took on very much: and desired this Deponant to acquaint his three Sisters living in Barbadoes that he was a 〈◊〉〈◊〉 Man, and also very sick and weak at the said time.

John Mudd Ship Carpenter, and late Carpenter on board the aforesaid Ship Amsterdam-Merchant, being Sworn and Examined, deposeth, that he was Carpenter on board the said Ship when she was taken by Low's Company in the Sloops Fortune and Ranger off of Cape Antonio, and that he was carried on board the Sloop Ranger; and most of the Pirates were harnessed, that is, Armed with Guns, &c.

Capt. Peter Solgard, Commander of His Majesties Ship the Grey-hound, deposed, that being Cruizing in the said Ship Grey hound, in or near the Lat. 39 D. N. on the seventh Day of June last, he spoke with the Master of a Virginia Ship, who informed him, that the day before he had been taken by two Pirate Sloops, that ri••••ed his Ship, in the Evening they left him and steered to the Northward as he believed for Block Island; whereupon Capt. Solgard immediate|ly pursued them, and on the Tenth being about Fourteen Leagues to the Southward of the East-End of Long-Island, saw two Sloops which he concluded to be the Pirates, and seemed for some time to stand from them to encourage them to give him Chase, which they did with Sails and Oars; when they came near they hoisted black Flags, and fired each a Shot, and soon afterwards they haul'd down their Black and hoisted Red Flags; then he hoisted His Majesties Colours, and they began the Engagement; the Fire continued on both sides near an Hour, when they perceiving themselves over-powered put away before the Wind, and endeavoured by rowing to make their escape, and there being but little Wind, he got out his 〈◊〉〈◊〉 and pursued them, about Three of the Clock in the Afternoon he came near them again, 〈◊〉〈◊〉 they renewed the Engagement, about Four he go•• between them, and shot 〈…〉〈…〉 Main••ai••, which obliged them soon after to call for Quarter; he then 〈…〉〈…〉 the Lieut. and took out the Prison•••• now at the 〈◊〉〈◊〉, several of which were 〈…〉〈…〉 the exact number of their slain is yet 〈…〉〈…〉 the whole Action they 〈◊〉〈◊〉 to a•• their ••••most endeavours to annoy His 〈…〉〈…〉 and wounded seven of 〈…〉〈…〉, and did much damage in her Rigging and Sails.

〈…〉〈…〉 Lieut. of His Majesty's Ship Grey-hound, deposed the same that Capt. Solgard did.

Archibald Fisher Chirurgeon of the Grey-hound Man of War deposed, that there were Seven of the Grey-hound's Men wounded in the Fight by the two Pirate Sloops Companies in the Engagement between the Grey-hound Man of War and them, but none Mortal.

William Marsh Mariner, being duly Sworn, deposed and said, that some time last January, he was taken in the West-Indies by Low's Company in a Schooner & Sloop near Bonaire, and that he saw on board of the Schooner Francis Laughton and William Reed, and on board of the Sloop he saw Charles Harris, Edward Lawson, Daniel Hyde, and John Fitz Gerrald, all Prisoners at the Bar; and that Gerrald asked him whether he would seek his Fortune with him.

After the Witnesses had been severally Examin'd, the Prisoners at the Bar were asked, whe|ther they had any thing to say in their own defence? whereto they answered and said, they were forced Men on board of Low, and did nothing voluntarily, but as they were compelled.

* 1.1YOur Honours, I doubt not have observ'd the weakness▪ and vanity of the defence which has been made by the Prisoners at the Bar, and that the Articles (containing indisputable 〈◊〉〈◊〉 Acts of Piracy) are supp••••ted against each of them: Their Im|pudence and unfortunate Mistake, in Attacking his Majesty's Ship, tho' to us fortunate, and of great Service to the Neighbouring Governments: Their malicious & cruel Assault upon Capt. Welland, not only in the spoiling of his Goods, but what is much more, the cutting off his 〈◊〉〈◊〉 Ear, a Crime of that nature and barbarity which can never be repaired: Their Plea of constraint, or force, (in the 〈◊〉〈◊〉 of every Pirate) can be of no avail to them, for if that could Justify 〈◊〉〈◊〉 Excuse! No Pirate would 〈…〉〈…〉 Convicted, nor 〈◊〉〈◊〉 any 〈◊〉〈◊〉 Person in his own account ••ffend against the Moral 〈…〉〈…〉 were asked, it would be hard to answer▪ Who offer'd the Violence? 〈…〉〈…〉 or perswaded one another, or rather the Compulsion proceeded of their own 〈…〉〈…〉

Inclinations: But if there was the least semblance of truth in the Plea; it might 〈◊〉〈◊〉 out in Proof, That the Prisoners or some of them did manifest their uneasiness and sorrow, to 〈◊〉〈◊〉 of the Persons whom they had surpriz'd and Robb'd; But the contrary of that is plain from 〈◊〉〈◊〉. Mash's Evidence, That the Prisoners were so far from a dislike, or regretting their wicked 〈◊〉〈◊〉 of Life, that they were for increasing their Number by inviting him to join with them, and so seem'd resolv'd to live and dye by their Calling, or for it, as their fate is like to be. And now seeing that the Facts are as evident as Proof by Testimony can make 'em, I doubt not Your Honours will declare the Priso|ners to be Guilty.

Then the Prisoners were taken away from the Bar, and the Court was Cleared, and in Private.

Then the Court having duly and maturely weighed and considered the Evidences against the Prisoners, unanimously agreed and Voted, That Charles Harris, Thomas Linnic••r, Daniel Hyde, Stephen Mundon, Abraham Lacy, Edward Lawson, John Tomkins, Francis Laughton, John Fitz-Gerrald, William Studfield, Owen Rice, and William Read were Guilty of the Piracies, Robberies and Felonies Exhibited against them at this Court; and that John Wilson and Henry Barns were not Guilty.

And then the Court Adjourned to two of the Clock in the afternoon of said Day.

The Court Met and Opened by Proclamation, according to Adjournment, and the aforesaid Prisoners that were Tryed the Forenoon, were brought to the Bar again.

And the President acquainted them that the Court by an Unanimous 〈◊〉〈◊〉 had found the aforesaid Charles H••rris, Thomas Linnicar, Daniel Hyde, Stephen 〈◊〉〈◊〉, Abraham Lacy, Edward Lawson, John Tomkins, Francis Laughton, John Fitz-Gerrald, William Studfield, Owen Rice, & 〈…〉〈…〉 Guilty of Piracies, Robberies and Felonies, according to the Articles ••xhibited against 〈◊〉〈◊〉. And 〈◊〉〈◊〉 them, whether any of them had any thing to say, why Sentence of Death should 〈…〉〈…〉 upon them for their said Offences.

And the Prisoners offering nothing Material, 〈◊〉〈◊〉 President pronounced 〈…〉〈…〉 in the following Words,

YOU Charles Harris, Thomas Linnicar, Daniel 〈◊〉〈◊〉, Stephen Mundon, Abraham 〈…〉〈…〉, John Tomkins, Francis Laughton, John Fitz-Gerrald▪ William Studfield, Owen Rice, and William Reed, are to go from hence to the place from whence you come, and from thence to the place of Execution, and there you and each of you are to be hanged by the Neck 〈◊〉〈◊〉 you are Dead, And the LORD have Mercy upon your Souls.

And the President then Pronounced the said John Wilson, and Henry Barns, not Guilty▪

Then the Court ordered Thomas Hugges, Peter Cues, Thomas Jones, William Jones, 〈◊〉〈◊〉 ••aton, John Brown, James Sprinkly, John Brown, Joseph Sound, Charles Ch••rch, John Waters, and Thomas Mumford Indian, who was Arraigned in the Morning, and had severally pleaded not Guilty, to be brought to the Bar, and they were brought accordingly, and William Blades was also brought, and Articles of Piracies, Robberies and Felonies exhibited against him read to him in the same Words as before mentioned; whereunto he pleaded, Not Guilty.

* 1.2May it please Your Honours,

TH•• Prisoners before the Court are a part of that Miserable Crew of Men already under Sentence of Death.

The Articles, the Crimes, and Evidences being the same with those of their Brethren, and their Guilt Equal, I doubt not they will 〈◊〉〈◊〉 with the like Condemnation.

The Kings Evidences being called and Sworn, deposed as followeth,

John Welland deposeth, That he was Master of the Ship Amsterdam-Merchant, in the Month of May last past, and that on the Eighth of May he was taken by Low and Company, Pirates in two Sloops off of Capt. Antonio, who used him as afore swo••n, and that he saw Charles Church, John Waters, Edward Eaton, William Blades, Thomas Mumford Indian, and Thomas Jones 〈…〉〈…〉 board the Ranger; that the Day after he was taken, the said Pirate took one Capt Eastwick of 〈◊〉〈◊〉▪ The Pirates were all harness'd (as they call'd it, 〈◊〉〈◊〉. Armed,) except Thomas 〈◊〉〈◊〉, who was a Lad on bo••rd.

John Ackin late Mate of the Ship Amsterdam-Merchant, deposed, that he was taken in the Ship Am••terdam-Merchant by Low and Crew as aforesaid, and that John Waters and Thomas Jones a 〈◊〉〈◊〉, Prisoners at the Bar were then on Board one of the Pirate Sloops called the Ranger, That Waters demanded what Rum they had, and that Thomas Jones was not Armed as he 〈◊〉〈◊〉 of.

John Mudd late Carpenter of the Ship Amsterdam-Merchant, deposed, That the Ship afore|said was taken in manner as aforesaid by the aforesaid Low and Crew of Pirates, and that he well remembers Joseph Sound, Thomas Jones and Thomas Mumford Indian, on board the Ranger where the said Joseph Sound, and most of the Company were harnessed, viz. Arm'd; and said Sound took his Buttons out of his Sleeves, but that Thomas Jones was not in Arms as he knew of.

Benjamin Weekham of Newport Mariner, deposed, That on the Tenth of March last he was in the Bay of Hondoras on Board of a Sloop, Jeremiah Clark Master, Low and Lowders Companies being Pirates, took the aforesaid Sloop, and that this Deponent then having the Small Pox was by John Waters one of the Prisoners at the Bar carried on board another Vessel; and that he begg'd of some of the Company two Shirts to shirt himself, the said Waters said Damn him▪ he would beg the Vessel too, but at other times he was very evil; and the Deponent further saith, he saw William Blades now Prisoner at the Bar amongst them.

William Marsh deposed, That he was taken in manner as aforesaid, and that John Brown the Tallest was on board 〈◊〉〈◊〉 ••chooner, and the said Brown told him he had rather be in a right Vessel tha•• a leaky 〈…〉〈…〉 that he was not forced.

Capt. Solgard and 〈…〉〈…〉 deposed, that they took the Sloop Ranger at Time, Place and manner 〈◊〉〈◊〉 aforesaid▪ and that the Prisoners at the Bar were taken from on board her.

Henry Barns Maister, being duly Sworn, deposed, that he being on Board the Sloop Ranger during her Engagement with ••he Grey-hound Man of War, saw all the Prisoners at the Bar on board the said Sloop Ranger, and that he saw John Brown the shortest in Arms, 〈…〉〈…〉 Mumford Indian, was only as a servant on board.

〈◊〉〈◊〉 Wilson being duly Sworn and interrogated; deposed, that the major part of the Prisoners 〈…〉〈…〉 were active on board the 〈◊〉〈◊〉 Ranger in Attacking and Engaging the 〈…〉〈…〉 War, and that Edward Eaton was hurt in the ••nee by a Great Gun, and 〈…〉〈…〉 John 〈◊〉〈◊〉 the shortest in Arms, that Thomas Mumford Indian was only as a servant on B••ard.

After the Witnesses had been severally Examined, the Prisoners at the Bar were asked, whether they had any thing to say in their own Defence.

William Blades said he was forced on board of L••w about Eleven Months ago, and neve•• signed to their Articles, and that he had when taken about Ten or Twelve Pounds, and that he never shared with them, but only took what they gave him.

Thomas Hugget said he was one of Capt. Mercy's Men o•• the Coast of Guinea, and in the West-Indies was put on board Low, but never shared with them and they gave him about 21 Pounds.

Peter Cues says, that on the Twenty Third or Twenty Fourth of January last he belonged to one 〈…〉〈…〉 a Sloop of Antigua, and was then taken by Low and detained ever si••ce, but never shared with them, and had about Ten or Twelve Pounds when taken, which they gave him.

Thomas Jones says, he is a Lad of about Seventeen Years of Age, and was by Low & Company taken out of Capt. Edwards at Newfoundland, and kept by Low ever since.

William Jones saith, he was taken out of Capt. E••er at the Bay of Hond••ras the begin|ning of April last by Low and Lowder, and that he has been forced by L••w to be with him ever since; that he never shared wi••h them, nor signed the Articles till compelled three Weeks after he was taken, and the sa••d Jones owned he had Eleven Pounds of the Quarter-Master at one time, and Eight Pounds at another.

〈◊〉〈◊〉 Eaton says, that he was taken by Low in the Bay of Hond••ras, about the beginning of March, and kept with him by force ever since.

John Brown the tallest says, that on the Ninth of October last he was taken out of the Liverpool-Merchant at the Cape De Verde by Capt. Low who beat him black and blue to make him 〈◊〉〈◊〉 the Articles, and from Cape De Verde they Cruiz'd upon the Coast of Brazil about ••even Weeks, and from thence to the West-Indies, and he was on board of the Ranger 〈◊〉〈◊〉 the 〈◊〉〈◊〉 of 〈◊〉〈◊〉.

James Sprinkly says, he was forced out of a Ship a•• the Ca••e de Verd•• by Low in 〈◊〉〈◊〉 last, and by him compelled to sign the Articles, but never shared with them.

John Brown the shortest says, he is about Seventeen Years old, and was in October last at the Cape De Verdes taken out of a ship by Low, and kept there ever since, and that the Quarter-Master gave him about Forty Shillings, and the People aboard Three Pounds.

Joseph Sound says, he was taken from Provid••••••••, about three Months ago, by Low & Company and detained by force ever since.

Charles Church says, he was taken 〈◊〉〈◊〉 of the 〈◊〉〈◊〉 Galley at the Cape de Verd•• Capt. Scot Commander, about seven or eight Months ago, by Capt. Low, never shared, but the Quarter-Master gave him a••out Fourteen Pounds.

John Waters says, he was taken by L••w on the Twenty-ninth of June last, out of—, and they compelled him to take charge of a Watch, and that he had Thirteen Pistoles when taken, 〈◊〉〈◊〉 was given him, and that he said in the time of the Engagement with His Majesties Ship they had better strike, for they would have the better Quarter.

Thomas Mumford Indian says, he was a Servant a Fishing the last Year, and was taken out of a Fishing Sloop with Five other Indians off of Nantucke•• by Low and Company, and that they 〈◊〉〈◊〉 two of the Indians at Cape 〈◊〉〈◊〉, and that he was kept 〈◊〉〈◊〉 Low ever since, and had 〈◊〉〈◊〉 ••ix Bitts when taken.

And then the Prisoners were taken from 〈…〉〈…〉 the Court in Private.

THEN the Court maturely weighed and 〈◊〉〈◊〉 the Evidences 〈…〉〈…〉 Prisoners Case, and Unanimously found William Blades, Thomas Hugget, Peter Cues, William 〈◊〉〈◊〉, Edward Eaton, John 〈◊〉〈◊〉, James Sprinkly, John Brown, Joseph Sound, Charles Church, and John Waters, all Guilty 〈◊〉〈◊〉, Robbery and Felony, according to the Articles Exhibited against them.

And by an Unanimous Voice found Thomas Jones and Thomas Mumford Indian, Not Guilty. 〈…〉〈…〉 said Prisoners were brought to the Bar, and the President acquainted them that the Court 〈…〉〈…〉 Unanimous Voice had found the aforesaid Wm. Blades, Thomas Hugget, Peter 〈◊〉〈◊〉▪ William Jones, Edward Eaton, John Brown, James Sprinkly, John Brown▪ Joseph Sound, Charles Church, and J••hn Waters, all Guilty of the 〈◊〉〈◊〉, Robberies & Felonies according 〈…〉〈…〉 Articles Exhibited against them; and asked them whether any of them had 〈◊〉〈◊〉 thing 〈◊〉〈◊〉 say, why Sentence of Death should not pass upon them for their Offences.

And the Prisoners offering nothing material, the President pronounced Sentence of Death against them in the following Words▪

YOU William Blades, Thomas Hugget, Peter Cues, William Jones, Edward Eaton, John Brown, James Sprinkly, J••hn Brown, Joseph Sound, Charles Church, and John Waters, are to go from hence to the Place from whence you came, and from thence to the Place of Execution, and there you and each of you shall be hanged by the Neck until you are Dead, And the LORD have Mercy upon your Souls.

And the President pronounced the said Thomas Jones, and Thomas Mumford Indian, Not G••ilty.

Then the Court Adjourned until to Morrow Morning, at Eight of the Clock in the Forenoon,

July the Twelfth Day 1723.

Notes

• * 1.1

  Advocate-Ge|neral.
• * 1.2

  Advocate-General.