From some of the prisoners acquitted, it was farther demanded, whether the acceptance or refusal of any office was not in their own option? And it was declared, that every officer was chose by a majority of votes, and might refuse, if he pleased, since others gladly embraced what brought with it an additional share of prize. Guilty.
The court on the , remanded the following six before them, for sentence, viz. Dav. Sympson, Wm. Magnes, R. Hardy, Thomas Sutton, Christopher Moody, and Valen. Ashplant.
To whom the president spoke to the following purpose;
The crime of piracy, of which all of ye have been justly convicted, is of all other robberies the most aggravating and inhumane, in that being removed from the fears of surprise, in remote and distant parts, ye do in wantonness of power often add cruelty to theft.
Pirates unmoved at distress or poverty, not only spoil and rob, but do it from men needy, and who are purchasing their livelihoods thro’ hazards and difficulties, which ought rather to move compassion; and what is still worse, do often, by persuasion or force, engage the inconsiderate part of them, to their own and families’ ruin, removing them from their wives and children, and by that, from the means that should support them from misery and want.
To a trading nation, nothing can be so destructive as piracy, or call for more exemplary punishment; besides, the national reflection it infers: it cuts off the returns of industry, and those plentiful importations that alone can make an island flourishing; and it is your aggravation, that ye have been the chiefs and rulers in these licentious and lawless practices.
However, contrary to the measures ye have dealt, ye have been heard with patience, and though little has, or possibly could, have been said in excuse or extenuation of your crimes, yet charity makes us hope that a true and sincere repentance (which we heartily recommend) may entitle ye to mercy and forgiveness, after the sentence of the law has taken place, which now remains upon me to pronounce.
You Dav. Simpson, William Magnes, R. Hardy, Tho. Sutton, Christopher Moody, and Val. Ashplant
Ye, and each of you, are adjudged and sentenced, to be carried back to the place from whence ye came, from thence to the place of execution, without the gates of this castle, and there within the flood-marks, to be hanged by the neck till ye are dead.
After this, ye, and each of you shall be taken down, and your bodies hanged in chains.
Warrant for Execution
Pursuant to the sentence given on Saturday, by the court of admiralty, at Cape Corso Castle, against Dav. Simpson, Wm. Magnes, R. Hardy, Tho. Sutton, Christopher Moody, and Valentine Ashplant
You are hereby directed to carry the aforesaid malefactors to the place of execution, without the gates of this castle, tomorrow morning at , and there within the flood-marks, cause them to be hanged by the neck till they are dead, for which, this shall be your warrant. Given under my hand, this .
William Phillips
It appeared by the evidence of Captain Jo. Trahern, and George Fenn, Mate of the King Solomon, that this prisoner was boatswain of the same ship, when she was attacked and taken off Cape Apollonia, the last, by the pirates’ boat.
When the boat drew nigh, (they say,) it was judged from the number of men in her, that they were pirates, and being hailed, answered, defiance; at which the commander snatched a musket from one of his men, and fired, asking them at the same time, whether they would stand by him, to defend the ship? But the pirates returning a volley, and crying out, they would give no quarters if any resistance was made; this prisoner took upon him to call out for quarters, without the master’s consent, and misled the rest to the laying down their arms, and giving up the ship, to half the number of men, and in an open boat. It was further evident he became, after this, a volunteer amongst them. First, because he was presently very forward and brisk, in robbing the ship King Solomon, of her provisions and stores. Secondly, because he endeavoured to have his captain ill used; and lastly, because he had confessed to Fenn, that he had been obliged to sign their articles that night, (a pistol being laid on the table, to signify he must do it, or be shot,) when the whole appeared to be an untruth from other evidence, who also asserted his being armed in the action against the Swallow.
In answer to this, he first observed upon the unhappiness of being friendless in this part of the world, which, elsewhere, by witnessing to the honesty of his former life, would, he believed, in a great measure, have invalidated the wrong evidence had been given of his being a volunteer with the pirates. He owns indeed, he made no application to his captain, to intercede for a discharge, but excuses it with saying, he had a dislike to him, and therefore was sure that such application would have avail’d him nothing.
The court observed the pretences of this, and other of the pirates, of a pistol and their articles being served up in a dish together, or of their being misused and forced from an honest service, was often a complotment of the parties, to render them less suspected of those they came from, and was to answer the end of being put in a newspaper or affidavit: and the
