At a Court of Admiralty for the Tryal of Pirates held at the Town-House in New-Port in the Colony of Rhode-Island and Providence-Plantations, the Tenth Day of July, In the Ninth Year of His Majesties Reign. Anno (que) Domini 1723.

• THE Honourable William Dummer Esq Lieut. Governour and Commander in Chief of the Province of the Massachusetts-Bay, President of the Court.
• The Honourable Samuel Cranston Esq, Governour of the Colony of Rhode-Island, &c.
• Nathaniel P [...]ine, Esqr. of the Council of the Massachusetts-Bay.
• Addington D [...]venport, Esqr. of the Council of the Massachusetts-Bay.
• Thomas Fitch, Esqr. of the Council of the Massachusetts-Bay.
• Spencer Phipp [...], Esqr. of the Council of the Massachusetts-Bay.
• Thomas [...] Esq Surveyor-General of North America.
• Nathaniel Kay Esq Collector of the Colony of Rhode-Island.

Commissioners appointed in His Majesties Commission for the Tryal of Pirates.

First, Proclamation was made commanding Silence upon pain of Imprisonment, whilst the [...] and His Majesties Commission for the Tryal of Pirates were r [...]ding.

[...] said Court was Publickly and Solemnly Opened and Proclamed.

And then the Hon. William Dummer Esq▪ [...] took the Oath di [...]ected in said [...] His Honour [...]dministred [...] same [...] other Commissioners [...].

The Court appointed Richard Ward S [...]le Notary Publick of His Majesties Colony of Rhode-Island, Register of the said Court.

And [...] Brenton Jun. Esq Provost-Marshal of said Court.

Then a Warrant [...]ssued out to the Provost-Marshal to bring the Prisoners into Court to [...] Morning at Eight of the Clock.

Then the Cryer made Pr [...]clamation for all Persons that could give Evidence for the King against the Prisoners to be Tryed, to come into Court, and th [...]y should be heard.

Then the Court Ad [...]r [...] [...]till to [...] of the Cloc [...] [...], Jul. 11 th Day ▪ 17 [...]3. A.M▪

The Co [...]rt [...] according to Ad [...]ournment and was Opened by three Proclamations.

• 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▪ [Page 2] 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.

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 [...]Ger­rald, 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,

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 Com­mand 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 & dis­missed 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 [...] [Page 4] 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 immediate­ly 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, whe­ther 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.

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.

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.

[Page 6] 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 afore­said 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 begin­ning 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 [...].

[Page 7] 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.

The Court Met according to Adjournment and was Opened by Proclamation.

• The Hon. William Dummer Esq Lieut. Governour and Commander in Chief of the Massachusetts-Bay.
• The Hon. Samuel Cranston, Esq Governour of Rhode-Island.
• Nathaniel Paine, Esqr. of the Council of the M [...]ssachusetts-Bay.
• Ad [...]ington Davenport, Esqr. of the Council of the M [...]ssachusetts-Bay.
• Thomas Fitch, Esqr. of the Council of the M [...]ssachusetts-Bay.
• Spencer Phipp [...], Esqr. of the Council of the M [...]ssachusetts-Bay.
• John [...] Esq Judge of the Vice▪ Admiralty, &c.
• Thomas Lachmere Esq Surveyor [...]General of North-America.
• Nathaniel K [...]y Esq Collector of Rhode- [...].

[Page 8]Ordered that John Kencate Doctor, who was [...]rraigned yesterday be brought to the Bar, and he was brought to the Bar accordingly.

The [...]ings Evidences being called, Sworn and Interrogated, deposed as follows,

John Welland deposeth, he was taken as aforesaid, and that he saw the Doctor aboard the Ranger; he seem'd not to rejoyce when he was taken but solitary, and he was inform'd on board he was a forc'd Man; and that he never signed the Articles as he heard of, and was not on board the Deponants Ship.

John Ackin Mate and John Mudd Carpenter, Swear, they saw the Prisoner at the Bar walk­ing forwards and backwards disconsolately on board the Ranger.

Benjamin Wickham deposed, that he doth not know the Prisoner at the Bar by sight, but that while he was at the Bay under Confinement with said Crew of Pirates, there came a Man on board the Vessel which they called the Doctor, who drank and was merry with some of the Pyrates then the [...], and told him the Deponent he would send him something to take, but s [...]t it not.

Capt. Peter Solgard Commander of His Majesties Ship Grey-hound and Edward Smith Lieut. on Board said Ship deposed, that the Prisoner at the Bar was on board the Sloop Ranger when taken by them in manner and Time as aforesaid.

Archibald Fisher Physician and Chirurgeon on board the said Grey-hound Man of War de­posed, that when the Prisoner at the Bar was taken and brought aboard the King's Ship he [...]earched his Medicaments, and the Instruments, and found but very few Medicaments, and the Instruments very mean and bad.

John Wilson, Henry Barns and Thomas Jones, severally deposed, that the Prisoner at the Bar was forced on Board by Low, and that he never signed Articles as they knew or heard, but used to spend great part of his Time in reading, and was very courteous to the Prisoners taken by Low and Company, and that he never shared with them, as they knew or heard of.

After the Witnesses were duly Interr [...]gated, the Court asked the Prisoner whether he [...] any thing to say in his own defence, and if he had he might speak.

John Kencate Doctor saith, he was Chirurgeon of the Sycamore [...]Ga [...]ley▪ Andrew Scot Master, and was taken out of the said Ship in September last at B [...]navista, one of the Cape De Verde Island [...] by Low and Company, who detained him ever since, and that he never shared with them, nor sign'd their Articles.

The Prisoner was taken from the Bar, and the Court Cleared.

Then the Court Examined and Considered the Evidences and Pleas for the King, and the Prisoners Case, with great Care, and by an Unanimous Voice found the said John Kencate Doctor, Not Guilty.

Then the Court was again opened, and the said Prisoner John Kencate was brought to the Bar, and the President pronounced him, Not Guilty.

Ordered, That Thomas Powell who was Arraigned, and Pleaded not Guilty yesterday, and Joseph Sw [...]etser who was Articled against yesterday in the aforesaid Articles but not Arraigned, and Joseph Libbey Articled against since with others for Piracies, Robberies and Felonies be brought to the Bar, and they were brought to the Bar accordingly.

Where the Register read the aforesaid Articles exhibited against Joseph Swetser, in the Words aforesaid, to which he pleaded, Not Guilty.

Then the Register read the Articles exhibited against Joseph Libbey for Piracies, Robberies and Felonies.

[Page 9]Then the Register asked the said Joseph Libbey, [...] [...]hibited against him, or not Guilty, and the Prisoner [...]

Whereupon the Register bid the said Thomas Powell, [...] to their Tryal.

Then the Kings Evidences being called, Sworn and Interrogated, [...].

John Welland late Master of the Ship Amsterdam-Merchant, deposed, that [...] he was taken as aforesaid by Low and Company he saw Joseph Swetser and Thomas Powell aboard the Sloop Ranger, and that they were harnessed on board the Sloop.

John Ackin late Mate of the said Ship deposed, that he saw Joseph [...]etser harnessed on board the Sloop Ranger at the taking of Capt. Welland [...] Low, and [...] saw Thomas Powell on board, but not harnessed.

John M [...]dd late Carpenter of the Ship Amsterdam-Merchant [...] the same as Ackin.

William Marsh deposed that Thomas Powell a [...] on board Low the Pi­rate some time in January last, when this [...] taken by Low, and that Powell seemed to be a brisk, stirring, active Man among [...] them, and told the [...]eponent they al­ways kept a Barrel of Powder ready to blow up the Sloop rather than [...] taken, and that the said Powell searched the Deponants Pockets for Gold and Silver, in [...] great Cabbin on board of Low.

John Kencate deposed, that during his being on board of Low the Pirate, he well knew Thomas Powell, J [...]seph Swetser, and Joseph Libbey now Prisoners at the Bar, and that Thomas Powell acted as Gunner on board the Ranger, and that he went on board several Vesse [...] taken by Low and Company, and Plundered, and [...] Joseph Libbey was an Acti [...]e Man a­board the Ranger, and used to go on board Vessels they took, and Plundered, and that he [...] him fire several Times, and the Deponent further deposed, that Joseph Swetser now Prisoner at the Bar was on board the Pirate Low, and that he has seen him armed, but never see him use them, and that the said Swetser used often to get alone by himself from amongst the rest of the Crew▪ he was melancholly and refused to go on board any Vessels by them taken, and got out of their Way. And the Deponent further saith, That on that Day, [...]s they engaged the Man of War, Low proposed to attack the Man of War, first by firing his great Guns, then a Volley of Small Arms, heave in their Powder Flasks, and board her in his Sloop, and the Ranger to board over the Fortune, and that [...] one on board the Ranger disa­greed to it as he knows of, for most approved of it by Words, and the others were silent.

Thomas Jones deposed that he well knows the Prisoners a [...] the Bar, and that Thomas Powell acted as Gunner on board the Ranger, and Joseph Libbey was a stirring active Man among them, and used to go aboard Vessels to Plunder, and that Joseph Swetser was very d [...]ll aboard, and at Cape Antonio he cryed to D [...]nwell to let him go ashore, who refused, and asked him [...] drink a Drum, but Swetser went down into the Hold and cryed good part of the Day, and that Low refused to let him go, but brought him and tied him to the Mast and threatned to Whip him; And he saw him Armed, but never use his Arms as he knows of: And that Swetser was Sick when they engaged the Man of War, tho' he assisted in rowing the Vessel.

John Wilson deposed, he knows the Prisoners at the Bar to be all on Board the Ranger, and Thomas Powell was Gunner of her; and the Sabbath Day before they were taken the said Powell told the Deponent he wished he was ashore at Long Island, and they two went to the Head of the Mast, and Powell said to him, I wish you and I were both ashore here stark naked; And he deposed that he never saw Joseph Swetser in Arms whilst he was aboard, but he and [Page 10] Powell [...]ceived about Twenty Five Pounds from the Quarter-Master. That the next Day after the Deponant was taken by Low, Joseph Swetser told him that he was a forced Man, and wished he had his Liberty as he had about Fourteen Months ago, and was resolved to run away from Low the first Opportunity he had.

Henry Barns deposed, that J [...]seph Swetser was very civil on board the Sloop Ranger to such Prisoners [...] was taken, and that they had no Engagement after the Deponant was on board, and th [...] Joseph Libbey was Armed, and went on board several Vessels taken by them, and plun­dered.

Thomas Mumford Indian (not speaking good English, Abisha [...] F [...]lger was Sworn Interpreter) deposed, that Thomas Powell, Joseph Libbey and Joseph Swetser were all on board of Low the Pirate, that he saw Powell have a Gun when they took Vessels, but never saw him Fire, he saw him go on board of a Vessel once, but brought nothing from her as he saw, he see him once strike a Negro but never a White Man. And he saw Joseph Libbey once go on board a Vessel by them taken [...] brought away from her one pair of Stocki [...]gs. And that Joseph Swetser cook [...]d it on [...] with him some time, and sometime they made him [...] the Sails; once he saw [...] clean a Gun, but not fire it: and Swetser once told him that he wanted to get [...] them, and said if the Man of War should take them they would hang him, [...] of the [...] War Swetser sat unarm'd in the Range of the Sloops [...] before the said Engagement he asked Low to let him have his [...] and go ashore, [...] refused.

Capt. Peter [...] of the Grey-hound Man of War deposed, that all the Pri­soners now at [...] him taken on board the Ranger on the Tenth of June last, in [...] as afore [...]d, and that he had seven Men Wounded i [...] the Engagement.

[...] Smith Lieut. of the said Man of War deposed the same.

After the Witnesses were severally examin'd as aforesaid, the Court told the Prisoners [...] had any thing to say in their defen [...] they might speak.

Thomas Powell said, he was taken by [...] in the Bay of Hond [...]ras in the Winter 1721, [...] ▪ [...] by [...] turned on board of Low, and [...] by force ever since.

Joseph Libbey said, he was a [...] Man, and was detained [...], and produced an Adver­tisement of it.

Joseph Swetser says he was taken by [...] about a Year ago, and forced on board of Low, and detained there aga [...]st his Will ever since, that he never [...] with them, but had of the Quarter Master [...], and to prove his being forced pr [...]duced an Adver­tisement.

[Page 11]Then the Prisoners being taken away and all withdrawn but the Register.

The Court maturely weighed and considered the Evidences and the Cases of the Priso­ners, and by an Unanimous Voice found the said Thomas Powell and Joseph Libbey guilty of the Piracies, Robberies and Felonies exhibited against them, and by a considerable Plurality of Voices found the said J [...]seph Swetser, not guilty.

Then the Prisoners were brought to the Bar, and the President acquainted Thomas Powell and Joseph Libbey that they were by an Unanimous Voice found guilty of the Piracies, Robberies and Felonies exhibited against them, and asked them if they had any thing to say, why Sentence of Death should not pass upon them for their Offences.

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

YOU Thomas Powell and Joseph Libbey 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, are to be hanged by the Neck until you are Dead. And the LORD have Mercy [...] your Souls.

And the President Pronounced the said Joseph Swetser, not guilty.

Adjourned to Two of the Clock [...]

The Court Met and Opened [...], and Ordered Tho­mas Hazel, John Br [...]ght, John Fletcher, Thomas [...] to be brought to the Bar, who were [...] to attend to the Article [...] against them [...], Robberies, and Felonies.

Which were [...] by the [...] Words as to Joseph [...]

To which the said Prisoners severally [...] Not Guilty.

King's Evidences being called, Sworn and Interrogated, deposed as follows.

John Welland late Master of the Ship Amsterdam Merchant, deposed, that on the Eighth Day of May last he was taken off of Cape Antonio by Low and Company, Pirates in two Sloops, the Fortune and Ranger, and after he had been some time on board the Ranger, he was sent on [...] the Fortune where L [...]w was, where he had his right Ear cut off, and was wounded very much with a Cu [...]lass, and turn'd down the Hatches, where he lay bleeding for two or three Hours with a Centinel over him, at last he asked Patrick Cunningham (who he tho't was the means of saving his Life) a Prisoner now at the Bar for to get him a Dr [...]m, for he was [...] spent, and Patrick Cunningham got him some Water; then he asked him for the Doctor, and Cunningham went and brought the Doctor to him, and help'd the Doctor dress him, and said, they were so cruel they could not subsist long. And said Welland also deposed, that he saw John Bright and Thomas Hazel on board the Ranger, and Thomas Hazel was harnessed [...].

John Ackin late Mate of the said Ship Amsterdam-Merchant deposed, he saw Thomas Ha­zel, now a Prisoner at the Bar on board the Ranger at the Time and Place aforesaid.

John Mudd late Carpenter of said Ship deposed, that while he was Prisoner on board the Ranger, [...]e saw Thomas Hazeal, John Bright and John Fletcher, and that Thomas Hazel was harnessed.

William Marsh deposeth, that when he was on board the Pirate L [...]w by whom he was taken [...] afore deposed) he saw Thomas Hazeal on board the Schooner, and John Fletcher now [...] at the Bar a Boy.

[Page 12] John Kencate deposed, that Thomas Hazeal, John Bright and Patrick Cunningham Prisoners at the Bar received Sh [...]res on board the Pirate Sloop, and Haz [...]al and Bright went on board seve­ral Prizes and Plundered, that Thomas Child was in Arms with the rest in the Engagement with the Grey-hound Man of War, but that John Fletcher was as a Boy on Board, and no otherwise.

Henry Barns deposed, that Thomas Hazeal was harnessed in the Engagement with the Grey▪hound Man of War, and John Bright was the Drumm [...]r, and beat upon his Drum on the Round-House in the Engagement, and that Patrick Cunningham had a Pistol in his hands at the said Time.

John Wilson deposed, that John Bright was as brisk as any of them on board the Ranger, and beat the Drum on the Round House the Day they engaged the Man of War, and that John Fletcher was as a Boy on Board the Sloop▪ and no otherwise.

Joseph [...] deposed, that John Bright was Drummer, and beat upon the Round-House in the Engagement▪ with the Man of War; that Thomas Hazeal had a Pistol at that time, and that Thomas Child [...] board the Ranger from the Fortune but about three or four Days before the said Engageme [...] and rowed in the time of the Engagement.

Thomas Jones [...] ▪ that on that Day they engaged the Grey hound Man of War, he saw Thomas Hazel bring [...], and saw and heard John Bright the Drum­mer beat the Drum [...] and Thomas [...] [...]ployed at an Oar in Rowing.

Capt. Peter [...] Grey-hound deposed, that all [...] Prisoners now [...] were [...] on board the Sloop Ranger on the Tenth of June last after [...] Engagement [...] manner as aforesaid, and that he had seven Men wounded in [...].

Edward [...] the Grey-hound Man of War deposed the same that Capt. Solgard [...].

After [...] were severally Examined as aforesaid, the Court told the [...] thing [...] say in their [...] they might speak, and they should be heard.

[...] he was taken [...] Bay of Hond [...]ras about Twelve Months ago [...] [...]oard, that he had got from one and another whilst aboard about [...], and that he had never been in the Bay since.

John Bright said he was a Servant to one [...] at the Bay and there taken by Low an [...] Company about Three or Four Months ago, and forced away to be their Dru [...]mer.

Patrick Cunningham said that about Twelve Months ago he was taken in a F [...]shing Schoone [...] [...] Low and Company, and forced away by them, and that at Newfoundland he endeavoured to get away from them but was stopped and detained by them ever since.

[...] Fletcher says, that he was a Boy on Board the Sycam [...]re Galley one Scot Commander, [...] he was taken out of her by Low and Company at B [...]navist, because he could play upon a Violin, and forced to be with them.

Thomas Child said that the beginning of March last he was taken out [...] Capt. Gilbert at the [...] of Hondoras by Low and Company, and was forced to go with them, they gave him a Gun (which he never used) and about Fourteen or Fifteen Pounds as near as he can remember▪ and one double▪double Loon

Then the Prisoners were taken away from th [...] Bar, and all Persons withdrawn from the Court say [...] the Register.

[Page 13]The Court having deliberately and maturely weighed and considered the Evidences given against the Prisoners, by an Unanimous Voice found the aforesaid Thomas Hazel, John Bright, and Patrick Cunningham Guilty of the Piracies, Robberies and Felonies Exhibited against them at this Court.

And John Fletcher and Thomas Chil [...], not Guilty.

Then the Prisoners being brought to the [...] ▪ the President told Thomas Hazel, John Bright and Patrick Cunningham, [...]h [...]t they were by an Unanimous Voic [...] found Guilty of the Piracies▪ Robberies and Felonies Exhibited against them; [...] asked them if they had any thi [...]g to say, why Sentence of Death should not pass upon them for their Offences.

And the Prisoners offering nothin [...] Material, the President pronounced Sentence against them [...]n these followi [...]g Words,

YOU Thomas Hazeal, John Bright, and Patrick Cunningham, are to go from hence to the place from whence you came, and from thence to the place of Execution, and there you [...] of [...] are to be hanged by the Neck until you are Dead. And GOD [...]f His Infinite Mercy Save your Souls.

And [...] the President pronounced John Fletcher and [...] not Guilty.