The court, to dispense equal justice, mercifully resolved for these, as they had done for the other pirate crew—that further evidence should be heard against each man singly, to the two points, of being a volunteer at first, and to their particular acts of piracy and robbery since; that so men, who had been lately received amongst them, and as yet had not been at the taking or plundering of any ship, might have the opportunity and benefit of clearing their innocence and not fall promiscuously with the guilty.
By order of the court,
John Atkins, Registrar.
Wm. Magnes, Tho. Oughterlauney, Wm. Main, Wm. Mackintosh, Val. Ashplant, John Walden, Israel Hind, Marcus Johnson, Wm. Petty, Wm. Fernon, Abraham Harvey, Wm. Wood, Tho. How, John Stephenson, Ch. Bunce, and John Griffin.
Against these it was deposed by Captain Joseph Trahern, and George Fenn, his mate, that they were all of them, either at the attacking and taking of the ship King Solomon, or afterwards at the robbing and plundering of her, and in this manner:—
That on the 6th of January last, their ship riding at anchor near Cape Appollonia, in Africa, discovered a boat rowing towards them, against wind and stream, from a ship that lay about three miles to leeward. They judged from the number of men in her, as she nearer advanced, to be a pirate, and made some preparation for receiving her, believing, on a nigher view, they would think fit to withdraw from an attack that must be on their side with great disadvantage in an open boat, and against double the number of men; yet by the rashness and pusillanimity of his own people, who laid down their arms and immediately called for quarter, the ship was taken, and afterwards robbed by them.
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 sail maker, 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 tye wig, and called for a bottle of wine, ordered the ship, very arrogantly, to be steered under Commodore Roberts’s 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 dispatched 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 hectored 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 seemed to be a trial of their valour, backward and fearful.
President: So that Roberts forced ye upon this attack.