Isaac Sun, lieutenant of the man-of-war, deposed, that when he came to take possession of the prize in the King’s boat he found the pirates in a very distracted and divided condition, some being for blowing up, and others (who perhaps supposed themselves least culpable) opposing it. That in this confusion he inquired for the prisoner, of whom he had before heard a good character, and thinks he rendered all the service in his power for preventing it; in particular, he understood by all hands that he had seized and taken from one James Philips a lighted match, at the instant he was going down to the magazine, swearing that he should send them all to h—l together. He had heard also that after Roberts was killed the prisoner ordered the colours to be struck, and had since shown how opposite his practice and principles had been, by discovering who were the greatest rogues among them.
The prisoner in his own defence says when he had the misfortune of falling into the pirates’ hands he was chief mate of the Samuel, of London, Captain Cary; and when he had hid himself to prevent the design of carrying him away, they found him and beat and threw him overboard. Seven days afterwards, upon his objecting against, and refusing to sign, their Articles, he was cut and abused again; that though after this he ingratiated himself by a more humble carriage it was only to make life easy; the shares they had given him having been from time to time returned again to such prisoners as fell in his way, till of late, indeed, he had made a small reservation, and had desired Captain Loan to take two or three moidores from him to carry to his wife. He was once taken, he says, at making his escape in the West Indies, and, with two more, sentenced to be shot for it by a drunken jury; the latter actually suffered, and he was preserved only by one of the chief pirates taking a sudden liking to him and bullying the others. A second time he ran away at Hispaniola, carrying a pocket compass for conducting him through the woods; but that being a most desolate and wild part of the island he fell upon, and he ignorant how to direct his course, was obliged, after two or three days’ wandering, to return towards the ship again, denying with egregious oaths the design he was charged with for fear they should shoot him. From this time he hopes it will be some extenuation of his fault, that most of the acquitted prisoners can witness, they entertained jealousies of him, and Roberts would not admit him into his secrets; and withal that Captain Cary (and four other passengers with him) had made affidavit of his having been forced from his employ, which though he could not produce, yet he humbly hoped the court would think highly probable from the circumstances offered.
On the whole the court was of opinion artists had the best pretension to the plea of force, from the necessity pirates are sometimes under of engaging such, and that many parts of his own defence had been confirmed by the evidence, who had asserted he acted with reluctance, and had expressed a concern and trouble for the little hopes remained to him of extricating himself. That he had used all prisoners (as they were called) well, at the hazard of ill usage to himself; that he had not in any military capacity assisted their robberies; that he had twice endeavoured his escape with the utmost danger. Acquitted him.
Captain James Skyrm.
It appeared from the evidence of several prisoners acquitted that this Skyrm commanded the Ranger in that defence she made against the King’s ship; that he ordered the men to their quarters, and the guns to be loaded and fired, having a sword in his hand to enforce those commands, and beat such to their duty whom he espied any way negligent or backward. That although he had lost a leg in the action his temper was so warm as to refuse going off the deck till he found all was lost.
In his defence he says he was forced from a mate’s employ on board a sloop called the Greyhound, of St. Christopher’s, October, 1720. The pirate having drubbed him and broke his head only for offering to go away when that sloop was dismissed. Custom and success had since indeed blunted, and in some measure worn out, the sense of shame, but that he had really for several months passed been sick and disqualified for any duty; and though Roberts had forced him on this expedition, much against his will, yet the evidence must be sensible the title of captain gave him no pre-eminence, for he could not be obeyed, though he had often called to them to leave off their fire when he perceived it to be the King’s ship.
The sickness, he alleged, but more especially the circumstance of losing his leg, were aggravations of his fault, showing him more alert on such occasions than he was now willing to be thought. As to the name of captain, if it were allowed to give him no precedence out of battle, yet here it was proved a title of authority, such an authority as could direct an engagement against the King’s colours, and therefore he was in the highest degree guilty.
John Walden.
Captain John Trahern and George Fenn deposed the prisoner to be one of the number who, in an open boat, piratically assailed and took their ship, and was remarkably busy at mischief, having a pole-axe in his hand, which served him instead of a key to all the locked doors and boxes he came nigh. Also in particular he cut the cable of our ship, when the other pirates were willing and busied at heaving up the anchor, saying, “Captain, what signifies this trouble of hope and straining in hot weather; there are more anchors at London, and besides, your ship is to be burnt.”
William Smith (a prisoner acquitted), says Walden was known amongst the pirates mostly by the nick-name of Miss Nanny (ironically it is presumed from the hardness of his temper). That he was one of the twenty who voluntarily came on board the Ranger in the chase she made out after the Swallow, and by a shot from that ship lost his leg, his behaviour in the fight till then being bold and daring.