Part 24

_H. Glasby._ Most of the _Ranger_'s Crew were fresh Men, Men who had been enter'd only since their being on the Coast of _Guiney_, and therefore had not so liberal a Share in fresh Provisions, or Wine, as the _Fortune_'s People, who thought they had born the Burthen and Heat of the Day, which had given Occasion indeed to some Grumblings and Whispers, as tho' they would take an Opportunity to leave us, but we never supposed (if they did) it would be with any other Design then setting up for themselves, they having (many of them) behaved with greater Severity than the old Standers.

The Prisoner appeared undaunted, and rather solicitous, about resting his Stump, than giving any Answer to the Court, or making any Defence for himself, till called upon; then he related in a careless, or rather hopeless Manner, the Circumstances of his first Entrance, being forced, he said, out of the _Blessing_ of _Lemmington_, at _Newfoundland_, about 12 Months past; this, he is sure, most of the old Pyrates knew, and that he was for some Time as sick of the Change as any Man; but Custom and ill Company had altered him, owning very frankly, that he was at the Attack, and taking of the _King Solomon_, that he did cut her Cable, and that none were forced on those Occasions.

As to the last Expedition in the _Ranger_, he confesses he went on Board of her, but that it was by _Robert_'s Order; and in the Chace loaded one Gun, to bring her to, but when he saw it was a Bite, he declared to his Comrades, that it was not worth while to resist, forbore firing, and assisted to reeve the Braces, in order, if they could, to get away, in which sort of Service he was busied, when a Shot from the Man of War took off his Leg: And being asked, that supposing the Chace had proved a _Portuguese_? Why then, says he, I dont know what I might have done, intimating withal, that every Body then would have been ready enough at plundering. _Guilty._

_Peter Scudamore._

H_Arry Glasby, Jo. Wingfield_, and _Nicholas Brattle_, depose thus much, as to his being a Voluntier with the Pyrates, from Capt. _Rolls_, at _Calabar._ First, That he quarrelled with _Moody_, (one of the Heads of the Gang) and fought with him, because he opposed his going, asking _Rolls_, in a leering manner, whether he would not be so kind, as to put him into the _Gazette_, when he came Home. And, at another Time, when he was going from the Pyrate Ship, in his Boat, a Turnado arose, _I wish_, says he, _the Rascal may be drowned, for he is a great Rogue, and has endeavoured to do me all the ill Offices he could among these Gentlemen_, (_i. e._Pyrates.)

And secondly, That he had signed the Pyrate's Articles with a great deal of Alacrity, and gloried in having been the first Surgeon that had done so, (for before this, it was their Custom to change their Surgeons, when they desired it, after having served a Time, and never obliged them to sign, but he was resolved to break thro' this, for the good of those who were to follow,) swearing immediately upon it, he was now, he hoped, as great a Rogue as any of them.

Captain _Jo. Trahern_, and _George Fenn_, his Mate, deposed, the Prisoner to have taken out of the _King Solomon_, their Surgeon's capital Instruments, some Medicines, and a Back-Gammon Table; which latter became the Means of a Quarrel between one _Wincon_, and he, whose Property they should be, and were yielded to the Prisoner.

_Jo. Sharp_, Master of the _Elizabeth_, heard the Prisoner ask _Roberts_ leave to force _Comry_, his Surgeon, from him, which was accordingly done, and with him, carried also some of the Ship's Medicines: But what gave a fuller Proof of the dishonesty of his Principles, was, the treacherous Design he had formed of running away with the Prize, in her Passage to Cape _Corso_, though he had been treated with all Humanity, and very unlike a Prisoner, on Account of his Employ and better Education, which had rendred him less to be suspected.

_Mr. Child_, (acquitted) depos'd, that in their Passage from the Island of St. _Thomas_, in the _Fortune_ Prize, this Prisoner was several Times tempting him, into Measures of rising with the Negroes, and killing the _Swallow_'s People, shewing him, how easily the white Men might be demolished, and a new Company raised at _Angola_, and that Part of the Coast, _for_, says he, _I understand how to navigate a Ship, and can soon teach you to steer; and is it not better to do this, than to go back to_ Cape-Corso, _and be hanged and Sun-dryed?_ To which the Deponent replying, he was not afraid of being hanged, _Scudamore_ bid him be still, and no Harm should come to him; but before the next Day-Evening, which was the designed Time of executing this Project, the Deponent discovered it to the Officer, and assured him, _Scudamore_ had been talking all the preceeding Night to the Negroes, in _Angolan_ Language.

_Isaac Burnet_ heard the Prisoner ask _James Harris_, a Pyrate, (left with the wounded in the Prize,) whether he was willing to come into the Project of running away with the Ship, and endeavour the raising of a new Company, but turned the Discourse to Horse-Racing, as the Deponent crept nigher; he acquainted the Officer with what he had heard, who kept the People under Arms all Night, their Apprehensions of the Negroes not being groundless; for many of them having lived a long Time in this pyratical Way, were, by the thin Commons they were now reduced to, as ripe for Mischief as any.

The Prisoner in his Defence said, he was a forced Man from Captain _Rolls_, in _October_ last, and if he had not shewn such a Concern as became him, at the Alteration, he must remark the Occasion to be, the Disagreement and Enmity between them; but that both _Roberts_, and _Val. Ashplant_, threat'ned him into signing their Articles, and that he did it in Terror.

The _King Solomon_, and _Elizabeth_ Medicine-Chest, he owns he plundered, by Order of _Hunter_, the then chief Surgeon, who, by the Pyrates Laws, always directs in this Province, and Mr. _Child_, (tho' acquitted) had by the same Orders taken out a whole _French_ Medicine-Chest, which he must be sensible for me, as well as for himself, we neither of us dared to have denied; it was their being the proper Judges, made so ungrateful an Office imposed. If after this he was elected chief Surgeon himself, both _Comry_ and _Wilson_ were set up also, and it might have been their Chance to have carried it, and as much out of their Power to have refused.

As to the Attempt of rising and running away with the Prize, he denies it altogether as untrue; a few foolish Words, but only by Way of Supposition, that if the Negroes should take it in their Heads (considering the Weakness, and ill look-out that was kept;) it would have been an easy Matter, in his Opinion for them to have done it; but that he encouraged such a Thing, was false, his talking to them in the _Angolan_ Language, was only a Way of spending his Time, and trying his Skill to tell twenty, he being incapable of further Talk. As to his understanding Navigation, he had frequently acknowledg'd it to the Deponent _Child_, and wonders he should now so circumstantiate this Skill against him. _Guilty._

_Robert Johnson._

IT appeared to the Court, that the Prisoner was one of the twenty Men, in that Boat of the Pyrates, which afterwards robb'd the _King Solomon_, at an Anchor near Cape _Appollonia_: That all Pyrates on this, and the like Service, were Voluntiers, and he, in particular, had contested his going on Board a second Time, tho' out of his Turn.

The Prisoner in his Defence, called for _Harry Glasby_, who witnessed to his being so very drunk, when he first came among their Crew, that they were forced to hoist him out of one Ship into the other, with a Tackle, and therefore without his Consent; but had since been a trusty Man, and was placed to the Helm, in that running Battle they made with the _Swallow._

He insisted for himself likewise, on Captain _Turner_'s Affidavit of his being forced, on which others (his Ship-mates) had been cleared.

The Court considering the Partiality that might be objected in acquitting one, and condemning another of the same standing, thought sit to remark it as a clear Testimony of their Integrity, that their Care and Indulgence to each Man, in allowing his particular Defence, was to exempt from the Rigour of the Law, such, who it must be allowed, would have stood too promiscuously condemned, if they had not been heard upon any other Fact than that of the _Swallow_; and herein what could better direct them, than a Character and Behaviour from their own Associates; for tho' a voluntary Entry with the Pyrates may be doubtful, yet his consequent Actions are not, and it is not so material how a Man comes among Pyrates, as how he acts when he is there. _Guilty._

_George Wilson._

J_OHN Sharp_, Master of the _Elizabeth_, in which Ship the Prisoner was Passenger, and fell a second Time into the Pyrates Hands, deposes, that he took the said _Wilson_ off from _Sestos_, on this Coast, paying to the Negroes for his Ransom, the Value of three Pound five Shillings in Goods, for which he had taken a Note, that he thought he had done a charitable Act in this, till meeting with one Captain _Canning_, he was ask'd, why he would release such a Rogue as _Wilson_ was? For that he had been a Voluntier with the Pyrates, out of _John Tarlton._ And when the Deponent came to be a Prisoner himself, he found _Thomas_, the Brother of this _John Tarlton_, a Prisoner with the Pyrates also, who was immediately on _Wilson_'s Instigation, in a most sad manner misused and beat, and had been shot, through the Fury and Rage of some of those Fellows, if the Town-side, (_i. e. Liverpool_) Men, had not hid him in a Stay-Sail, under the Bowsprit; for _Moody_ and _Harper_, with their Pistols cock'd, searched every Corner of the Ship to find him, and came to this Deponent's Hammock, whom they had like fatally to have mistaken for _Tarlton_, but on his calling out, they found their Error, and left him with this comfortable Anodyne, That he was the honest Fellow who brought the Doctor. At coming away, the Prisoner asked about his Note, whether the Pyrates had it or no? Who not being able readily to tell, he reply'd, it's no Matter Mr. _Sharp_, I believe I shall hardly ever come to _England_ to pay it.

_Adam Comry_, Surgeon of the _Elizabeth_, says, that altho' the Prisoner had, on Account of his Indisposition and Want, received many Civilities from him, before meeting with the Pyrates, he yet understood it was thro' his and _Scudamore_'s Means, that he had been compelled among them: The Prisoner was very alert and chearful, he says, at meeting with _Roberts_, hailed him, told him he was glad to see him, and would come on Board presently, borrowing of the Deponent a clean Shirt and Drawers, for his better Appearence and Reception; he signed their Articles willingly, and used Arguments with him to do the same, saying, they should make their Voyage in eight Months, to _Brasil_, Share 6 or 700 _l._ a Man, and then break up. Again, when the Crew came to an Election of a chief Surgeon, and this Deponent was set up with the others, _Wilson_ told him, he hoped he should carry it from _Scudamore_, for that a quarter Share (which they had more than others) would be worth looking after; but the Deponent missed the Preferment, by the good Will of the _Ranger_'s People, who, in general, voted for _Scudamore_, to get rid of him, (the chief Surgeon being always to remain with the Commadore.)

It appeared likewise by the Evidence of Captain _Jo. Trahern, Tho. Castel_, and others, who had been taken by the Pyrates, and thence had Opportunities of observing the Prisoners Conduct, that he seem'd thoroughly satisfy'd with that Way of Life, and was particularly intimate with _Roberts_; they often scoffing at the Mention of a Man of War, and saying, if they should meet with any of the Turnip-Man's Ships, they would blow up, and go to H--ll together. Yet setting aside these silly Freaks, to recommend himself, his Laziness had got him many Enemies, even _Roberts_ told him, (on the Complaint of a wounded Man, whom he had refused to dress) that he was a double Rogue, to be there a second Time, and threat'ned to cut his Ears off.

The Evidence further assured the Court, from Captain _Thomas Tarlton_, that the Prisoner was taken out of his Brother's Ship, some Months before, a first Time, and being forward to oblige his new Company, had presently ask'd for the Pyrates Boat, to fetch the Medicine Chest away; when the Wind and Current proving too hard to contend with, they were drove on Shore at Cape _Montzerado._

The Prisoner called for _William Darling_, and _Samuel Morwel_, (acquitted) and _Nicholas Butler._

_William Darling_ deposed, the first Time the Prisoner fell into their Hands, _Roberts_ mistook him for _Jo. Tarlton_ the Master, and being informed it was the Surgeon who came to represent him, (then indisposed,) he presently swore he should be his Mess-Mate, to which _Wilson_ reply'd, he hop'd not, he had a Wife and Child, which the other laughed at; and that he had been two Days on Board, before he went in that Boat, which was drove on Shore at Cape _Montzerado._ And at his second coming, in the _Elizabeth_, he heard _Roberts_ order he should be brought on Board in the first Boat.

_Samuel Morwel_ says, that he has heard him bewail his Condition, while on Board the Pyrate, and desired one _Thomas_, to use his Interest with _Roberts_, for a Discharge, saying, his Employ, and the little Fortune he had left at Home, would, he hop'd, exempt him the further Trouble of seeking his Bread at Sea.

_Nicholas Butler_, who had remained with the Pyrates about 48 Hours, when they took the _French_ Ships at _Whydah_, deposes, that in this Space the Prisoner addressed him in the _French_ Language, several Times, deploring the Wretchedness and ill Fortune of being confined in such Company.

The Prisoner desiring Liberty of two or three Questions, ask'd, whether or no he had not expostulated with _Roberts_, for a Reason of his obliging Surgeons to sign their Articles, when heretofore they did not; Whether he had not expressed himself glad of having formerly escaped from them? Whether he had not said, at taking the Ships in _Whydah_ Road, that he could like the Sport, were it lawful? And whether if he had not told him, should the Company discharge any Surgeon, that he would insist on it as his Turn? The Deponent answered, Yes, to every Question separately; and farther, that he believes _Scudamore_ had not seen _Wilson_ when he first came and found him out of the _Elizabeth._

He added, in his own Defence, that being Surgeon with one _John Tarlton_, of _Leverpool_, he was met a first Time on this Coast of _Guiney_, by _Roberts_ the Pyrate; who, after a Day or two, told him, to his Sorrow, that he was to stay there, and ordered him to fetch his Chest, (not Medicines, as asserted,) which Opportunity he took to make his Escape; for the Boat's Crew happening to consist of five _French_ and one _English_ Man, all as willing as himself, they agreed to push the Boat on Shore, and trust themselves with the Negroes of Cape _Montzerado_: Hazardous, not only in Respect of the dangerous Seas that run there, but the Inhumanity of the Natives, who sometimes take a liking to humane Carcasses. Here he remained five Months, till _Thomas Tarlton_, Brother to his Captain chanced to put in the Road for Trade, to whom he represented his Hardships and starving Condition; but was, in an unchristian Manner, both refused a Release of this Captivity, or so much as a small Supply of Biscuit and salt Meat, because, as he said, he had been among the Pyrates. A little Time after this, the Master of a _French_ Ship paid a Ransom for him, and took him off; but, by Reason of a nasty leperous Indisposition he had contracted by hard and bad living, was, to his great Misfortune set ashore at _Sestos_ again, when Captain _Sharp_ met him, and generously procured his Release in the Manner himself has related, and for which he stands infinitely obliged.--That ill Luck threw him a second Time into the Pyrate's Hands, in this Ship _Elizabeth_, where he met _Thomas Tarlton_, and thoughtlesly used some Reproaches of him, for his severe Treatment at _Montzerado_; but protests without Design his Words should have had so bad a Consequence; for _Roberts_ took upon him, as a Dispenser of Justice, the Correction of Mr. _Tarlton_, beating him unmercifully; and he hopes it will be belived, contrary to any Intention of his it should so happen, because as a Stranger he might be supposed to have no Influence, and believes there were some other Motives for it.--He cannot remember he expressed himself glad to see _Roberts_ this second Time, or that he dropped those Expressions about _Comry_, as are sworn; but if immaturity of Judgment had occasioned him to slip rash and inadvertent Words, or that he had paid any undue Compliments to _Roberts_, it was to ingratiate himself, as every Prisoner did, for a more civil Treatment, and in particular to procure his Discharge, which he had been promised, and was afraid would have been revoked, if such a Person as _Comry_ did not remain there to supply his Room; and of this, he said, all the Gentlemen (meaning the Pyrates) could witness for him.

He urged also his Youth in Excuse for his Rashness.--The first time he had been with them (only a Month in all,) and that in no military Employ; but in particular, the Service he had done in discovering the Design the Pyrates had to rise in their Passage on Board the _Swallow. Guilty._

* * *

But Execution respited till the King's Pleasure be known, because the Commander of the _Swallow_ had declared, the first Notice he received of this Design of the Pyrates to rise, was from him.

_Benjamin Jefferys_

BY the Depositions of _Glasby_ and _Lillburn_ (acquitted) against this Prisoner, it appeared, that his Drunkenness was what at first detained him from going away in his proper Ship, the _Norman_ Galley; and next Morning, for having been abusive in his Drink, saying to the Pyrates, there was not a Man amongst them, he received for a Welcome, six Lashes from every Person in the Ship, which disordered him for some Weeks, but on Recovery was made Boatswain's Mate; the serving of which, or any Office on Board a Pyrate, is at their own Option, (tho' elected,) because others are glad to accept what brings an additional Share in Prize.

The Deponents further say, that at _Sierraleon_ every Man had more especially the Means of escaping; and that this Prisoner, in particular, neglected it, and came off from that Place after their Ship was under Sail, and going out of the River.

The Prisoner, in his Defence, protests, he was at first forc'd; and that the Office of Boatswain's Mate was imposed on him, and what he would have been glad to have relinquish'd. That the barbarous Whipping he had received from the Pyrates at first, was for telling them, that none who could get their Bread in an honest Way, would be on such an Account. And he had certainly taken the Opportunity which presented at _Sierraleon_, of ridding himself from so distastful a Life, if there had not been three or four of the old Pyrates on Shore at the same Time, who, he imagined, must know of him, and would doubtless have served him the same, if not worse, than they since had done _William Williams_; who, for such a Design, being delivered up by the treacherous Natives, had received two Lashes thro' the whole Ship's Company.

The Court observed, the Excuses of these Pyrates, about want of Means to escape, was oftentimes as poor and evasive as their Pleas of being forced at first; for here, at _Sierraleon_, every Man had his Liberty on Shore, and it was evident, might have kept it, if he, or they, had so pleased. And such are further culpable, who having been introduced into the Society, by such uncivil Methods, as whipping, or beating, neglect less likely Means of regaining Liberty; it shews strong Inclinations to Dishonesty, and they stand inexcusably, _Guilty._

_Jo. Mansfield._

IT was proved against this Prisoner, by Captain _Trahern_ and _George Fenn_, that he was one of those Voluntiers who was at the Attack and Robbery of the Company's Ship, called the _King Solomon_: That he bully'd well among them who dar'd not make any Reply, but was very easy with his Friends, who knew him; for _Moody_, on this Occasion, took a large Glass from him, and threatned to blow his Brains out, (a favourite Phrase with these Pyrates) if he muttered at it.

From others acquitted, it likewise appeared, that he was at first a Voluntier among them, from an Island call'd _Dominico_, in the _West-Indies_, and had to recommend himself, told them, he was a Deserter from the _Rose_ Man of War, and before that, had been on the High-Way; he was always drunk, they said, and so bad at the Time they met with the _Swallow_, that he knew nothing of the Action, but came up vapouring with his Cutlash, after the _Fortune_ had struck her Colours, to know who would go on Board the Prize; and it was some Time before they could perswade him into the Truth of their Condition.

He could say little in Defence of himself, acknowledg'd this latter Part of Drunkenness; a Vice, he says, that had too great a Share in insnaring him into this Course of Life, and had been a greater Motive with him than Gold. _Guilty._

_William Davis._

W_Illiam Allen_ deposed, he knew this Prisoner at _Sierraleon_, belonging to the _Ann_ Galley; that he had a Quarrel with, and beat the Mate of that Ship, for which (as he said) being afraid to return to his Duty, he consorted to the idle Customs and Ways of living among the Negroes, from whom he received a Wife, and ungratefully sold her, one Evening, for some Punch to quench his Thirst. After this, having put himself under the Protection of Mr. _Plunket_, Governor there for the Royal _African_ Company: The Relations and Friends of the Woman, apply'd to him for Redress, who immediately surrendered the Prisoner, and told them, he did not care if they took his Head off; but the Negroes wisely judging it would not fetch so good a Price, they sold him in his Turn again to Seignior _Jossee_, a Christian Black, and Native of that Place; who expected and agreed for two Years Service from him, on Consideration of what he had disbursed, for the Redemption of the Woman: But long before the Expiration of this Time, _Roberts_ came into _Sierraleon_ River, where the Prisoner, (as Seignior _Jossee_ assured the Deponent,) entered a Voluntier with them.

The Deponent further corroborates this Part of the Evidence; in that he being obliged to call at Cape _Mount_, in his Passage down hither, met there with two Deserters from _Roberts_'s Ship, who assured him of the same; and that the Pyrates did design to turn _Davis_ away the next Opportunity, as an idle good-for-nothing Fellow.

From _Glasby_ and _Lilburn_, it was evident, that every Pyrate, while they stay'd at _Sierraleon_, went on Shore at Discretion. That _Roberts_ had often assured Mr. _Glyn_ and other Traders, at that Place, that he would force no Body; and in short, there was no Occasion for it; in particular, the Prisoner's Row-Mate went away, and thinks, he might have done the same, if he had pleased.

The Prisoner alledged his having been detained against his Will, and says, that returning with Elephants Teeth for _Sierraleon_, the Pyrate's Boat pursued and brought him on Board, where he was kept on Account of his understanding the Pilotage and Navigation of that River.