or 700 £ 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 preferment, by the goodwill 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 commodore.)

It appeared likewise by the evidence of Captain Jo. Trahern, Tho. Castel, and others, who had been taken by the pirates, 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, whom he had refused to dress) that he was a double rogue, to be there a second time, and threat’ned to cut his ears off.

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 pirates’ boat, to fetch the medicine chest away; when the wind and current proving too hard to contend with, they were drove onshore at Cape Montserrado.

The prisoner called for William Darling, and Samuel Morwell, (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 messmate, 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 onshore at Cape Montserrado. And at his second coming, in the Elizabeth, he heard Roberts order he should be brought on board in the first boat.

Samuel Morwell says, that he has heard him bewail his condition, while on board the pirate, 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 pirates 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 further, 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 Liverpool, he was met a first time on this coast of Guinea, by Roberts the pirate; 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 Englishman, all as willing as himself, they agreed to push the boat onshore, and trust themselves with the Negroes of Cape Montserrado: 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 pirates. 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 pirate’s hands, in this ship Elizabeth, where he met Thomas Tarlton, and thoughtlessly used some reproaches of him, for his severe treatment at Montserrado; 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 believed, 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

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