Samuel Morwel 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 hoped, exempt him the further trouble of seeking his bread at sea.

Nicholas Butler, who had remained with the pirates about forty-eight 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, asked 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 farther, 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 on shore and trust themselves with the negroes of Cape Montzerado. Hazardous, not only in respect of the dangerous seas that run there, but the inhumanity of the natives, who sometimes take a liking to human carcases. Here he remained five months, till Thomas Tarlton, brother to his captain, chanced to put into 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 leprous 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 pirates’ hands, in this ship Elizabeth, where he met Thomas Tarlton, and thoughtlessly used some reproaches of him for his severe treatment at Montzerado; 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 expressions about Comry, as are sworn; but if immaturity of judgment had occasioned him to slip rash and inadvertent words, or that he had paid any undue compliments to Roberts, it was to ingratiate himself, as every prisoner did, for a more civil treatment, and in particular to procure his discharge, which he had been promised, and was afraid would have been revoked, if such a person as Comry did not remain there to supply his room; and of this, he said, all the gentlemen (meaning the pirates) could witness for him.

He urged also his youth in excuse for his rashness. The first time he had been with them (only a month in all), and that in no military employ; but in particular the service he had done in discovering the design the pirates had to rise in their passage on board the Swallow. Guilty.

But execution respited till the King’s pleasure be known, because the commander of the Swallow had declared the first notice he received of this design of the pirates to rise was from him.

Benjamin Jeffreys.

By the depositions of Glasby and Lillburn (acquitted) against this prisoner, it appeared that his drunkenness was what at first detained him from going away in his proper ship, the Norman galley; and next morning, for having been abusive in his drink, saying to the pirates there was not a man amongst them, he received for a welcome six lashes from every person in the ship, which disordered him for some weeks, but on recovery was made boatswain’s mate; the serving of which, or any office on board a pirate, is at their own option (though elected), because others are glad to accept what brings an additional share in prize.

The deponents further say that at Sierra Leone every man had more especially the means of escaping, and that this prisoner, in particular, neglected it, and came off from that place after the ship was under sail and going out of the river.

The prisoner, in his defence, protests he was at first forced, and that the office of boatswain’s mate was imposed on him, and what he would have been glad to have relinquished. That the barbarous whipping he had received from the pirates at first was for telling them that none who could get their bread in an honest way would go on such an account. And he had certainly taken the opportunity which presented at Sierra Leone of ridding himself from so distasteful a life, if there had not been three or four of the old pirates on shore at the same time who, he imagined, must know of him, and would doubtless have served him the same, if not worse, than they since had done William Williams, who, for such a design, being delivered up by the treacherous natives, had received two lashes through the whole ship’s company.