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, showing 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 piratical 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 shown 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 Volunteers, 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.
John 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 Volunteer 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 Preserment, 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,