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 shows 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 Volunteers 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 Volunteer 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,