The prisoner in his defence called for Harry Glasby, who witnessed to his being so very drunk when he first came among their crew that they were forced to hoist him out of one ship into the other with a tackle, and, therefore, without his consent, but had since been a trusty man, and was placed to the helm in that running battle they made with the Swallow.
He insisted for himself likewise, on Captain Turner’s affidavit of his being forced, on which others (his shipmates) had been cleared.
The court considering the partiality that might be objected in acquitting one and condemning another of the same standing, thought fit to remark it as a clear testimony of their integrity, that their care and indulgence to each man in allowing his particular defence, was to exempt from the rigour of the law such who, it must be allowed, would have stood too promiscuously condemned if they had not been heard upon any other fact than that of the Swallow, and herein what could better direct them than a character and behaviour from their own associates; for though a voluntary entry with the pirates may be doubtful, yet his consequent actions are not, and it is not so material how a man comes among pirates as how he acts when he is there. Guilty.
George Wilson.
John Sharp, master of the Elizabeth, in which ship the prisoner was passenger, and fell a second time into the pirates’ hands, deposes that he took the said Wilson off from Sestos, on this coast, paying to the negroes for his ransom the value of three pound five shillings in goods, for which he had taken a note, that he thought he had done a charitable act in this, till, meeting with one Captain Canning, he was asked why he would release such a rogue as Wilson was? for that he had been a volunteer with the pirates out of John Tarlton. And when the deponent came to be a prisoner himself he found Thomas, the brother of this John Tarlton, a prisoner with the pirates also, who was immediately, on Wilson’s instigation, in a most sad manner misused and beat, and had been shot, through the fury and rage of some of those fellows, if the town-side (i.e., Liverpool) men had not hid him in a staysail under the bowsprit, for Moody and Harper with their pistols cocked searched every corner of the ship to find him, and came to the deponent’s hammock, whom they had like fatally to have mistaken for Tarlton, but on his calling out they found their error, and left him with this comfortable anodyne, that “he was the honest fellow who brought the doctor.” At coming away the prisoner asked about his note, whether the pirates had it or no? Who not being able readily to tell, he replied, “It’s no matter, Mr. Sharp, I believe I shall hardly ever come to England to pay it.”
Adam Comry, surgeon of the Elizabeth, says, that although the prisoner had, on account of his indisposition and want, received many civilities from him before meeting with the pirates, he yet understood it was through his and Scudamore’s means that he had been compelled among them. The prisoner was very alert and cheerful, he says, at meeting with Roberts, hailed him, told him he was glad to see him, and would come on board presently, borrowing of the deponent a clean shirt and drawers, for his better appearance and reception; he signed their Articles willingly, and used arguments with him to do the same, saying, they should make their voyage in eight months to Brazil, share six or seven hundred pounds 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 would 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 good will 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 prisoner’s conduct, that he seemed thoroughly satisfied 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—l all 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 threatened 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 asked for the pirates’ boat to fetch the medicine-chest away, when the wind and current proving too hard to contend with, he was drove on shore at Cape Montzerado.
The prisoner called for William Darling and Samuel Morwel (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 replied, he hoped 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 on shore at Cape Montzerado. And at his second coming, in the Elizabeth, he heard Roberts order he should be brought on board in the first boat.