“And lastly, that in this resistance, ye were all of you volunteers, and did, as such, contribute your utmost efforts, and disabling and distressing the aforesaid King’s ship, and deterring his Majesty’s servants therein from their duty.”
To which they severally pleaded, Not Guilty.
Whereupon the officers of his Majesty’s ship the Swallow, were called again and testified as follows:—
That they had seen all the prisoners now before the court, and knew them to be the same which were taken out of one or other of the pirate ships, Royal Fortune or Ranger, and verily believe them to be those taken out of the Royal Fortune.
That the prisoners were possessed of a ship of forty guns, called the Royal Fortune, and were at anchor under Cape Lopez, on the coast of Africa, with two others, when his Majesty’s ship the Swallow (to which the deponents belonged, and were officers), stood in for the place on Saturday, the 10th of February, 1721-2. The largest had a jack ensign and pendant flying (being this Royal Fortune), who, on sight of them, had their boats passing and repassing from the other two, which they supposed to be with men. The wind not favouring the aforesaid King’s ship she was obliged to make two trips to gain nigh enough the wind to fetch in with the pirates; and being at length little more than cannon-shot from them, they found she slipped her cable and got under sail.
At eleven, the pirate was within pistol-shot, abreast of them, with a black flag and pendant hoisted at their main-topmast head. The deponents say they then struck the French ensign that had continued hoisted at their staff all the morning till then, and displayed the King’s colours, giving her at the same time their broadside, which was immediately returned.
The pirate’s mizen-topmast fell and some of her rigging was torn, yet she still outsailed the man-of-war, and slid half gun-shot from them, while they continued to fire without intermission, and the other to return such guns as could be brought to bear, till, by favour of the winds, they were advanced very nigh again; and after exchanging a few more shot, about half an hour past one, his main-mast came down, having received a shot below the parrel.
At two, she struck her colours, and called for quarter, proving to be a ship, formerly called the Onflow, but by them the Royal Fortune; and the prisoners from her assured them, that the smallest ship of the two, then remaining in the road, belonged to them, by the name of the Little Ranger, which they had deserted on this occasion.
Isaac Sun,
Ralph Baldrick,
Daniel Maclaughlin.
The prisoners were asked by the court, to the same purpose the others had been in the morning—What exception they had to make against what had been sworn, and what they had to say in their defence? And their replies were much the same with the other prisoners: that they were forced men, had not fired a gun in this resistance against the Swallow, and that what little assistance they did give on this occasion was to the sails and rigging, to comply with the arbitrary commands of Roberts, who had threatened, and, they were persuaded would, have shot them on refusal.