Part 27

The Examination of Captain _William Greenaway_ upon Oath saith, That on the 6th of _October_ last _John Hipps_, one of the Prisoners now at the Bar, with some others of them, came on board the Vessel under this Deponent's Command, and then riding at _Green Key_, with Pretensions of getting Tobacco, and told this Deponent, that Mr. _Kerr_ had a Mind to sail that Night; and this Deponent having order'd his Boat to go on board the Scooner, then belonging to the said Company, to give them Notice of the said _Kerr_'s Design; in which Interim came on board _John Augur_ and _George Rounsivel_, both Prisoners now at the Bar, _James Matthews_ and _John Johnson_, who wanted this Deponent to go on board the Scooner, which he did, where _Phineas Bunce_, since dead, met this Deponent at the Side; upon which, this Deponent demanded of the said _Bunce_, the Reason he did not prepare for sailing, as the rest did. Whereupon _Bunce_, the head Mutineer, asked this Deponent to walk down into the Cabbin, and, when there, _Bunce_ asked him to sit down by him; whereupon the said _Bunce_ told this Deponent, he was his Prisoner; upon which, _Dennis Macarthey_, now Prisoner at the Bar, presented a Pistol at this Deponent's Breast, and told him, if he spoke a Word, he, this Deponent, was a dead Man; and the said _Phineas Bunce_ told this Deponent, he had best be easy, for that the better Part of the People belonging to the Sloop _Mary_ was on his Side, as were some of the People he had with him. And then the said _Phineas Bunce_, with others, the Mutineers, went on board the Sloop _Mary_, and took her. But this Deponent cannot particularize the Names of the Men who were with _Bunce_, being Night-time. Afterwards the said _Bunce_, and the Prisoners now at the Bar, except _John Hipps_, put Mr. _James Kerr_, _Richard Turnly_, _Thomas Rich_, _John Taylor_, and _John Cox_, all ashore at _Green Key_, a desolate Island, and had the Boat ready prepared to carry this Deponent ashore also; but _Bunce_ hereupon declared, that this Deponent, being a _Bermudian_, would swim aboard again, and therefore confin'd this Deponent a Prisoner, and plundered his Vessel, leaving him not wherewithal to proceed any where, but a small Quantity of Flower and Beef, obliging this Deponent not to sail from _Green Key_ in 24 Hours after his Departure; but this Deponent did sail the next Morning for _Providence_, and, in his Way, fell in Sight of the said Mutineers and Pyrates, of whom the Prisoners at the Bar were some, who gave Chase. Whereupon this Deponent went back to _Green Key_, and took to the Shore, where he saw the Pyrates and said Mutineers cut away the Mast of this Deponent's Vessel, and then were coming on Shore, as this Deponent apprehended, to take his Person. Whereupon this Deponent made his Escape to hide himself from them upon the said _Key_. Then the People who were left on board this Deponent's Vessel, coming ashore, told this Deponent, that the Pyrates had scuttled her, turn'd the Yawl adrift, and from _Green Key_ the said Pyrates proceeded to _Stocking_ Island, where meeting the _Spaniards_, the Pyrates were themselves taken, and put ashore.

John Taylor.

The Examination of _John Taylor_ upon Oath saith, That all the Prisoners at the Bar, except _John Hipps_, did join with _Bunce_, the Mutineer; and that _Bunce_ and two more, whom the Deponent knew not, being Night, took the Vessel he belong'd to; and further saith, That _John Hipps_ was at first confined with the said _Greenaway_ by _Bunce_.

Richard Turnly.

The Examination of _Richard Turnly_ upon Oath saith, That on the 6th of _October_ last, _Bunce_ the head Mutineer and two others, naming _William Dowling_ and _Thomas Morris_, Prisoners at the Bar, did come on board the Sloop _Mary_ at _Green Key_, and ask'd Mr. _Kerr_ and this Deponent for a Bottle of Beer, which was given them, and afterwards a Second, and they commanded a third; and then with the Men, belonging to the said Sloop _Mary_, took up Arms, and took Mr. _Kerr_, _Thomas Cox_, and this Deponent Prisoners, and forced them to go on Shore at _Green Key_, a desolate Island, about 25 Leagues distant from _Providence_.

John Cox.

The Examination of _John Cox_ upon Oath saith, That he being on board the Sloop _Mary_, of which _John Augur_ went out of _Providence_ Master: The said _John Augur_ came on board his said Sloop in the Evening of the 6th Day of _October_ last, and lay down as if he designed to sleep. Soon after, Capt. _Greenaway_, Master of the Sloop _Lancaster_, came on board, and ask'd the said _Augur_, if he intended to set Sail? He answer'd, he could not tell; thereupon Captain _Greenaway_ went on board the Scooner, call'd the _Batchelor's Adventure_, _Henry White_, Master, and in about half an Hour afterwards, came on board another Boat with _John Hipps_, _Greenaway_'s Boatswain, to enquire for Captain _Greenaway_; and in a little Time after, _Phineas Bunce_ came on board the Sloop _Mary_ from the _Scooner_ with 2 or 3 Men more. _Bunce_ ask'd for Captain _Augur_, and whether they had any Thing to drink, and coming to Mr. _Kerr_, ask'd him for a Bottle of Beer, which Mr. _Kerr_ gave him; then the said _Bunce_ went into the Cabbin, and brought up a Cutlash, and stood at the Cabbin-Door to drink, and swore that he was Captain of that Vessel, and would be so, which made Captain _Augur_ ask him his Meaning; but presently the said _Bunce_ and _Augur_ seem'd to be good Friends, and _Bunce_ ask'd for another Bottle of Beer, then struck Mr. _Kerr_ with a Cutlash on his Back, and turn'd him and others ashore; and this Deponent well knew all the several Prisoners at the Bar, except _Hipps_ the Boatswain, and that all the rest were Aiders, Assistants, and Abettors to the Mutiny, Felony, and Pyracy, committed upon the Vessels and Cargoes at _Green Key_.

Thomas Rich.

The Examination of _Thomas Rich_ upon Oath saith, That he knows the several Prisoners at the Bar; and that they all, except _Hipps_, were the Actors of the Mutiny and Pyracy, committed upon the Vessels and Cargoes at _Green Key_; and this Deponent was taken by them in the _Mary_ Sloop, and put ashore with Mr. _Kerr_ and the other Evidences for the King.

Thomas Petty.

The Examination of _Thomas Petty_ upon Oath saith, That he saw _Hipps_ beat by _Bunce_, and believes he was forced to go with him; and that _Bunce_ would have forc'd this Deponent also; but _Dennis Mackarthy_, Prisoner at the Bar, said if _Bunce_ forc'd the Deponent, he the said Prisoner would leave _Bunce_ and his Company.

And then the Court adjourn'd till 3 a-Clock in the Afternoon.

The Court being met according to Adjournment, and all the Evidences for the King being called and examined, then the Prisoners at the Bar were severally called, to know what Defence each had to make, _viz._

John Augur.

_John Augur_ being first called to make Defence for himself, saith no other than that he was in Liquor, and knew not of _Phineas Bunce_ his Design, when the said _Bunce_ enter'd on board the Sloop _Mary_, whereof the Prisoner was Master; but could call no Evidence to prove himself not guilty.

Wm. Cunningham.

_William Cunningham_ being next called and examined said, That he was asleep when _Bunce_ went on board the _Scooner_ (to which the Prisoner belong'd) at _Green Key_, and that _Bunce_ brought the said Prisoner Punch, and told him, that he the Prisoner must either join him the said _Bunce_, or be put upon a _Moroon Key_, _alias_ a desolate Key.

John Hipps.

_John Hipps_, Prisoner, said in his Defence, that he did not in any wise enter with _Bunce_ and his Company; but went on board the aforesaid _Scooner_, to enquire for _William Greenaway_ his Captain, where he was immediately confined by _Bunce_, together with _Greenaway_, and afterwards put on Shore with Mr. _Kerr_ and others, where _Bunce_ beat the said Prisoner, and compell'd him at length to join _Bunce_, but nevertheless declared his Intention to leave the said _Bunce_ and Company on the first Opportunity, and desired Mr. _Kerr_, Captain _Greenaway_, _Richard Turnly_, _Thomas Terrell_, _Benjamin Hutchins_, _John Taylor_, _John Janson_, _Thomas Petty_ and _David Meredith_, might be examin'd for him.

Mr. _James Kerr_ being sworn as Evidence for the Prisoner declared, That _Bunce_ used much threatning Language against _John Hipps_, Prisoner, that if he did not join him the said _Bunce_ and pyratical Company, and go with them into a Boat, provided on Purpose to carry the Pyrates to their Rendezvous, _Hipps_ should repent the Refusal; and farther says, that he saw or knew of no Blows given to compel the Prisoner to assist or join the said Pyrates, but that the Prisoner afterwards accepted the Office and Command of Boatswain to the said pyratical Company.

Captain _Greenaway_ being sworn for the Prisoner says, that the Prisoner went with him on board the _Scooner_, and was in the Cabbin with him, and made Prisoner with him on board the said _Scooner_, where the Prisoner made Proposal to the Deponent to surprize _Dennis Mackarthy_, Prisoner at the Bar, then a Centinel upon Deck, and throw the said _Mackarthy_ over-board; but the Deponent seeing no Probability of escaping the Rest, advised the Prisoner to keep his Mind to himself, till he could have a better Opportunity; and farther saith, that the Prisoner was put ashore with Mr. _Kerr_, &c.

_Richard Turnly_ being sworn for the Prisoner deposed, That to the best of his Knowledge and Remembrance, the Prisoner was forc'd to accept of any Duty the said _Bunce_ and Company put upon him, if the Command of Words be allowed by the Court sufficient to excuse him; but he never saw _Bunce_, or any of the rest of the Pyrates, use Blows to force him to join them.

_Thomas Terrell_, Inhabitant, being sworn, gave the Prisoner the Character of being an honest Man, who was recommended to him by _Thomas Bowling_, Master of the Sloop _Sarah_, belonging to the said _Thomas Terrell_, that during a late Voyage perform'd to _Cuba_, about two Months ago, there was a Mutiny suspected by _Thomas Bowling_, of which the said _Bowling_ declared, that _John Hipps_ Prisoner, was not only innocent, but believed a Suppressor of the said Mutiny; and farther declares, that _Thomas Bowling_ had acknowledged the Safety of the Vessel to be much owing to _John Hipps_, Prisoner at the Bar.

_Benjamin Hutchins_ being sworn for the Prisoner, and examined, declared, that the Prisoner after having been matriculated and seduced by _Bunce_ and his Accomplices, often complain'd to him the Deponent, that he would desert them the first Opportunity, and shew'd his Intentions by many Tears shed, as Tokens of Sorrow for his late Misfortune.

_John Taylor_ being examined upon Oath declared, that the Prisoner was confined as a Person not trusted by _Bunce_ and his pyratical Company.

_John Jansen_ being examined upon Oath, had nothing to declare for or against the Prisoner worth Notice.

_Thomas Petty_ being sworn for the Prisoner declared, that _Bunce_ threatned the Prisoner, that if he would not consent to be of his pyratical Company, he should be frequently beat; and also be put on the first _Moroon Key_, where he might not find Provision, Water, or any other Sustenance, which the Deponent thinks compell'd the Prisoner to proceed with _Bunce_ for his Safety.

_David Meredith_ being also examined upon Oath declared, That when _Phineas Bunce_ first made Seizure of the Vessel, he particularly spoke to _Hipps_ the Prisoner, that if he would not take on in their Way, he the said _Bunce_ would moroon him, upon some desolate Key or Island; and the more to compel him, gave him several Blows with his Cutlash, and thinks the Prisoner was forced to join with _Bunce_, &c.

Dennis Mackarthy.

_Dennis Mackarthy_ Prisoner being next called, and desiring that Mr. _Kerr_, Captain _Greenaway_, _John Taylor_, _Thomas Rich_, and _Thomas Petty_, might be admitted to give Evidence for him.

Mr. _Kerr_ being examined upon Oath declared, That _Mackarthy_, Prisoner, was as active as any other of the Prisoners in their pyratical Designs, and has nothing more to speak in his Favour, than that the Prisoner treated him and all others that were of the Deponent's Company, with more Civility than any others of the pyratical Crew did.

Captain _Greenaway_ being sworn for the Prisoner declared, That when _Bunce_ beat the said Deponent, the Prisoner said, that he would see who ought to be Strikers amongst them for the future.

_John Taylor_ being examined upon Oath declares, that the Prisoner should say, that he would leave _Bunce_ and his Accomplices.

_Thomas Rich_ being sworn declares, that he heard the Prisoner say, that since he had begun, he thought himself obliged to go on with them, meaning _Bunce_ and his pyratical Company.

_Thomas Petty_ being also sworn declares, That after _Mackarthy_ had been an Accomplice of _Bunce_'s Pyracy, he heard the Prisoner say, he was sorry for his Unadvisedness, which might bring great Troubles on his poor Wife, having a small Child.

George Rounsivel.

_George Rounsivel_, Prisoner, being next called, desired _Turnly_ to be Evidence for him; who being sworn, declared, That _Geo. Rounsivel_, after having consented to be of _Bunce_'s pyratical Company, shew'd some Token of Sorrow, but withal said, that as he had begun, could not without Danger of Life, desert the Pyrates he had combined with.

Wm. Dowling.

_William Dowling_, Prisoner, being next called, and desiring _Thomas Petty_ to be Evidence for him, he was sworn, and said, that he had very little to say for him, because he had seen the Prisoner as consenting to their pyratical Designs as any of the said Prisoners.

William Lewis.

_William Lewis_, Prisoner, being next called, had very little to say for himself, otherwise than that one _David Meredith_ had heard him say, he wished to be at _John Cullemore_'s House to drink a Bottle of Beer, which _David Meredith_, being sworn as Evidence for the Prisoner, only confirmed.

Thomas Morris.

_Thomas Morris_, Prisoner, being next called, had very little else to say, than that he had the Fever and Ague when he was first commanded by _Bunce_ to join them, and desiring _Thomas Rich_ as Evidence, he was sworn, and declared, that the Prisoner, as much as he took Notice of him, appeared as active as the most capable, and could not say, that the Prisoner ever relented.

George Bendall.

_George Bendall_, Prisoner, being next called, and desiring _Richard Turnly_ for Evidence, he was sworn, and declared, that the Prisoner was desired to make his Escape, but was resolved to continue with the Pyrates.

William Ling.

_William Ling_, Prisoner, being next called, who having nothing to say farther, than a Request that _Richard Turnly_ might give in Evidence for him; he was sworn, and declared, that the Prisoner bore Arms, and was as resolved as any of the Pyrates.

Then the Court adjourned till Ten a-Clock next Morning, being the 10th Instant.

_December_ 10, 1718.

The Court having met according to the Adjournment, and Proclamation made, the Prisoners were again brought to the Bar, and severally ask'd, if they had considered of any farther Evidence or Defence they could propose.

First, _John Augur_ had no more to offer, in his Justification than before.

The second, _William Cunningham_, the same as before.

The Third, _John Hipps_ having the same Question put, answer'd, that if _John Raddon_ and _Henry White_ had not been absent, they could have declared many Things in his Favour.

Then the Court proposed to every Person, who was an Auditor of the Trial, that any might have Leave to declare upon Oath, any Thing they had heard _John Raddon_ or _Henry White_ say in Behalf of _John Hipps_, Prisoner: Upon which, _Samuel Lawford_, Constable, appear'd, and being sworn, declared, That he heard _George Raddon_ say, that he should have been glad to have done the old Boatswain any Service, meaning _Hipps_, the Prisoner at the Bar; for the said _Raddon_ had seen him cry for his having consented, tho' by Force, to join _Bunce_, &c. the Prisoner having also declared to _Raddon_, that he would fight each of the Pyrates singly, if he could by that Means get clear of them. This Deponent farther said, that _Raddon_ told him, he firmly believed the Prisoner at the Bar would have escaped from the other Pyrates, as soon as he could have got an Opportunity.

The Fourth, _Dennis Mackarthy_, Prisoner, made some faint Excuse, and at length desired Captain _Benjamin Hornigold_, as farther Evidence for him; who being sworn, declared, That when he the said _Hornigold_ went to apprehend the Prisoners, who were on one of the _Exuma_ Keys, he the said Prisoner was one of the first taken, and seem'd to the said _Hornigold_ to throw himself, and to have Dependance, on the Mercy of the Governor.

The Fifth, _George Rounsivel_, Prisoner, had no farther Plea to make.

The Sixth, _William Dowling_, Prisoner, only desired _Thomas Petty_ to be again call'd, who being sworn, only declared, That he the Prisoner had Offers made by the _Spaniards_ to go in their Service, but the Prisoner refused them.

The Seventh, _William Lewis_ desired _Richard Turnley_ might be again called, who being sworn, declared, That he the Deponent did not see the said Prisoner when the Sloop _Mary_ was first taken, but the Day after he saw the Prisoner under Arms, as active as any one of the Pyrates.

The Eighth, _Thomas Morris_, Prisoner, had little more to say than pretending that several Persons who were absent, would say something in his Justification; but no one present declared any Thing in his Favour.

The Ninth, _George Bendall_, Prisoner, had nothing to plead for himself; but desiring Mr. _Kerr_ for Evidence, he was sworn, and declared, That he heard the Prisoner say, that he wish'd he had begun the Life sooner, for he thought it a pleasant One, meaning that of a Pyrate; and farther deposed, that the Prisoner reported, that he had once a strong Inclination to have smother'd _John Graves_, Esq; his Majesty's Collector for the Islands, as he lay feeble in his Bed, whose Servant the Prisoner was, but a short Time before he shipp'd himself for the intended Voyage, when he join'd the other Prisoners at the Bar in their Mutiny and Pyracy.

_David Meredith_ being also sworn, declared, That _Bunce_ did once beat the Prisoner, who told him, that if _Bunce_, &c. beat him once more, he would desert them the first Opportunity.

The Tenth, _William Ling_ had nothing farther to say for himself.

Then the Prisoners were remanded to the Fort; after which, all Manner of Persons were commanded by Proclamation to withdraw.

Then the Court summ'd up the Evidences for the King and the Prisoners, which being debated and considered, all the Prisoners, except _John Hipps_, were unanimously voted guilty of their Indictment, and the Register was ordered to draw up their Sentence. It was thought convenient to respite the Judgment on _John Hipps_, Prisoner, till _Monday_ next; and the Court adjourn'd till Four this Afternoon, at which Time being met according to Adjournment, and Proclamation made, the Prisoners were brought to the Bar. Then _John Hipps_ was remanded to the Guardship in Irons, and all the rest asked, if they knew any Cause why Sentence of Death should not be pronounced against them? They had nothing more to say, but to desire some Length of Time for Repentance.

Then the Sentence was read, as follows:

The Court having duly considered of the Evidence which hath been given both for and against you the said _John Augur_, _William Cunningham_, _Dennis Mackarthy_, _Geo. Rounsivel_, _Wm Dowling_, _Wm Lewis_, _Tho. Morris_, _Geo. Bendall_ and _Wm Ling_; and having also debated the several Circumstances of the Cases, it is adjudged, that you the said _John Augur_, _Wm Cunningham_, _Dennis Mackarthy_, _Geo. Rounsivel_, _Wm Dowling_, _Wm Lewis_, _Tho. Morris_, _Geo. Bendall_ and _Wm Ling_, are guilty of the Mutiny, Felony, and Pyracy, wherewith you and every of you stand accused. And the Court doth accordingly pass Sentence, that you the said _John Augur_, _Wm. Cunningham_, _Dennis Mackarthy_, _Geo. Rounsivel_, _Wm. Dowling_, _Wm. Lewis_, _Tho. Morris_, _Geo. Bendall_ and _Wm. Ling_, be carried to Prison from whence you came, and from thence to the Place of Execution, where you are to be hanged by the Neck till you shall be dead, dead, dead; and God have Mercy on your Souls. Given under our Hands this 10th Day of _October, Annoq; Dom._ 1718, sign'd

_Woodes Rogers_, _Wm Fairfax_, _Robert Beauchamp_, _Thomas Walker_, _Wingate Gale_, _Nathaniel Taylor_, _Josias Burgiss_, _Peter Courant_.

After Sentence of Death pass'd upon the Prisoners, the Governor, as President of the Court, appointed their Execution to be at Ten a-Clock on _Friday_ next in the Morning being the 12th Instant.

Whereupon the Prisoners pray'd for longer Time to repent and prepare for Death; but the Governor told them, that from the Time of their being apprehended, which was on the 15th of _November_, they ought to have accounted themselves as condemn'd by the Laws of all Nations, which was only sealed now; and that the securing them hitherto, and the Favour that the Court had allowed them in making as long a Defence as they could, wholly took up that Time, which the Affairs of the Settlement required in working at the Fortifications; besides the Fatigue thereby occasion'd to the whole Garrison in the necessary Guards, set over them by the Want of a Goal, and the Garrison having been very much lessened by Death and Sickness since his Arrival; also that he was obliged to employ all his People to assist in mounting the great Guns, and in finishing the present Works, with all possible Dispatch, because of the expected War with _Spain_; and there being many more Pyrates amongst these Islands, and this Place left destitute of all Relief from any Man of War or Station Ship, much wanted, join'd to other Reasons he had, too long to enumerate in Court, he thought himself indispensably obliged, for the Welfare of the Settlement, to give them no longer Time.

Then the Prisoners were ordered to the Place of their Imprisonment in the Fort, where Leave was given them to send for any Persons to read and pray with them.

On _Friday_ Morning each of the Prisoners were call'd in private, to know if they had any Load upon their Spirits, for Actions committed as yet unknown to the World, the declaring of which was absolutely required, to prepare themselves for a fit Repentance; but they each refused to declare any Thing, as well as making known to the Governor, if they knew of any Conspiracy against the Government.