| President | Can you charge your memory with any particulars in the seizure and robbery? |
| Evidence | We know that Magnes, quartermaster of the pirate ship, commanded the men in this boat that took us, and assumed the authority of ordering her provisions and stores out, which being of different kinds, we soon found, were seized and sent away under more particular directions; for main, as boatswain of the pirate ship, carried away two cables, and several coils of rope, as what belonged to his province, beating some of our own men for not being brisk enough at working in the robbery. Petty, as sailmaker, saw to the sails and canvas; Harper, as cooper to the cask and tools; Griffin, to the carpenter’s stores, and Oughterlauney, as pilot, having shifted himself with a suit of my clothes, a new tiewig, and called for a bottle of wine, ordered the ship, very arrogantly, to be steered under Commodore Roberts’ stern, (I suppose to know what orders there were concerning her.) So far particularly. In the general, sir, they were very outrageous and emulous in mischief. |
| President | Mr. Castel, acquaint the court of what you know in relation to this robbery of the King Solomon; after what manner the pirate-boat was dispatch’d for this attempt. |
| Tho. Castel | I was a prisoner, Sir, with the pirates when their boat was ordered upon that service, and found, upon a resolution of going, word was passed through the company, who would go? And I saw all that did, did it voluntarily; no compulsion, but rather pressing who should be foremost. |
The prisoners yielded to what had been sworn about the attack and robbery, but denied the latter evidence, saying, Roberts hector’d, and upbraided them of cowardice on this very occasion; and told some, they were very ready to step on board of a prize when within command of the ship, but now there seem’d to be a trial of their valour, backward and fearful.
| President | So that Roberts forc’d ye upon this attack. |
| Prisoners | Roberts commanded us into the boat, and the quartermaster to rob the ship; neither of whose commands we dared to have refused. |
| President | And granting it so, those are still your own acts, since done by orders from officers of your own election. Why would men, honestly disposed, give their votes for such a captain and such a quartermaster as were every day commanding them on distasteful services? |
Here succeeded a silence among the prisoners, but at length Fernon very honestly own’d, that he did not give his vote to Magnes, but to David Sympson (the old quartermaster,) for in truth, says he, I took Magnes for too honest a man, and unfit for the business.
The evidence was plain and home, and the Court, without any hesitation, brought them in Guilty.
William Church, Phil. Haak, James White, Nich. Brattle, Hugh Riddle, William Thomas, Tho. Roberts, Jo. Richards, Jo. Cane, R. Wood, R. Scot, Wm. Davison, Sam. Morwell, Edward Evans, Wm. Guineys, and 18 Frenchmen.
The four first of these prisoners, it was evident to the court, served as music on board the pirate, were forced lately from the several merchant ships they belonged to; and that they had, during this confinement, an uneasy life of it, having sometimes their fiddles, and often their heads broke, only for excusing themselves, or saying they were tired, when any fellow took it in his head to demand a tune.
The other English had been a very few days on board the pirate, only from Whydah to Cape Lopez, and no capture or robbery done by them in that time. And the Frenchmen were brought with a design to reconduct their own ship (or the Little Ranger in exchange) to Whydah Road again, and were used like prisoners; neither quarter’d nor suffered to carry arms. So that the court immediately acquiesced in, Acquitting them.
Tho. Sutton, David Sympson, Christopher Moody, Phil. Bill, R. Hardy, Hen. Dennis, David rice, Wm. Williams, R. Harris, Geo. Smith, Ed. Watts, Jo. Mitchell and James Barrow.
The evidence against these prisoners, were Geret de Haen, Master of the Flushingham, taken nigh Axim, the beginning of January last.
Benj. Kreft Master, and James Groet Mate of the Gertruycht, taken nigh Gabon in December last, and Mr. Castel, Wingfield and others, that had been prisoners with the pirates.
The former deposed, that all these prisoners (excepting Hardy) were on board at the robbery and plunder of their ships, behaving in a vile outrageous manner, putting them in bodily fears, sometimes for the ship, and sometimes for themselves; and in particular, Kreft charged it on Sutton, that he had ordered all their gunner’s stores out; on which that prisoner presently interrupted, and said, he was perjured, that he had not taken half. A reply, I believe, not designed as any saucy way of jesting, but to give their behaviour an appearance of more humanity than the Dutch would allow.
From Mr. Castel, Wingfield and others, they were proved to be distinguished men, men who were consulted as chiefs in all enterprises; belonged most of them to the House of Lords, (as they call’d it,) and could carry an authority over others. The former said, particularly of Hardy, (Quartermaster of the
