To the Isle of Wight, and thence to Spithead and Deptford, came in time the Sybil of forty-four guns, Captain Charles Winterton, and accompanying her, in the hands of a prize crew, the Rose of Devon frigate. There, bundling certain unhappy gentlemen of fortune out of the ship, they sent them expeditiously up to London and deposited them for safe keeping in the Marshalsea prison, a notable hostelry which has harboured great rogues before and since.

In the fullness of time, the Lord High Admiral of England, "who holds his court of justice for trials of all sea causes for life and goods," being assisted by the Judge of Admiralty and sundry others, officers and advocates and proctors and civilians, was moved to proceed against the aforesaid gentlemen of fortune. So they heard their names cried in the High Court of Admiralty and were arraigned for piracy and robbery on the high seas and charged with seizing the frigate Rose of Devon, the property of Thomas Ball and others, and murdering her master, Francis Candle, and stealing supplies and equipment to the value of eight hundred pounds. Nor was that the whole tale of charges, for it seemed that the Lords of Admiralty laid to the discredit of those particular gentlemen of fortune numerous earlier misdeeds of great daring and wickedness and an attempt to take His Majesty's ship Sybil, which had cost the lives of certain of His Majesty's seamen and had occasioned His Majesty much grief and concern.

He who read the indictment spoke in a loud and solemn voice, such as might of itself make a man think of his sins and fear judgment; but they were already cowed and fearful, save only the Old One, who still held his head high and very scornfully smiled. The cook bent his head and shivered and dared not look the jury in the face. The carpenter wept and Martin Barwick was like a man struck dumb and Paul Craig kept working his mouth and biting at his lips.

There was a great concourse of people, for who would not seize upon the chance to see a band of pirates? But a very poor show the pirates made, save the Old One; for though they had talked much and often of their valour and had represented themselves as tall fellows who feared nothing in life or death, they were now and for all time revealed as cowards to the marrow of their bones.

Quietly and expeditiously the officers of the Court swore their first witness, who smelled of pitch and tar and bore himself in such wise that he was to be known for a sailor wherever he might turn.

To their questions he replied with easy assurance, for he was not one of those fellows who cope with great gales and storms at sea only to be cowed by a great person on land. "Yea, sir," quoth he, "there is among mariners common talk of a band of sea sharks that hath long resorted to His Majesty's port of Bideford. Yea, my lord.—And have I met with them? That I have, and to my sorrow. This month two years I was master in a likely snow, the Prosperous of three hundred tons, which fell afoul of that very company, as their boasting and talk discovered to us, who took our ship and set me adrift in a boat with seven of mine own men, whereby, God being merciful unto us, we succeeded after many hardships in winning to the shore of Ireland, whence the Grace of Bristol bore us home to England.—The fate of the others in our company? In faith, some, I am told, joined themselves with that same band of sea sharks. The rest were slaughtered out of hand.—Nay, my lord, the night was black and my sight of the scoundrels was brief. I much misdoubt if I should know them again."

"Come, come," quoth His Lordship, tapping the papers spread on his great table, "look at these prisoners gathered here at the bar and tell me if there be one among them of whom you can say, 'This man was there; this man did thus and so.'"

So the witness came, with the air of a man who is pleased to be seen of many people, and looked them over, one and all; but at the end of his looking he sadly shook his head. "Nay, my lord, the night was dark and sight was uncertain; and though I should rejoice—none more than I!—to see a pirate hanged, I am most loath to swear away the life of an innocent man. There is no man here of whom I can truly say I have seen him before."

His Lordship frowned and the proctors shook their heads; the prisoners sighed and breathed more freely. The tale was at an end, and bearing away with him his smell of pitch and tar the fellow returned to his place.

Four witnesses were then summoned, one after another, and told tales like the first. One had been in a ship that was seized and sunk in Bristol Channel; the second had received a gaping wound in the shoulder off St. David's Head, and had known no more until he found himself alone on the deck of a plundered flyboat; the third had fallen into evil company in Plymouth, which beat him and robbed him and left him for dead, and from the talk of his murderous companions he had learned, before they set upon him that they were certain gentry of Bideford; and the last of the four told of the murderous attack of a boarding party, which had taken a brig and tumbled him over the side into a boat. "Yea, my lord," he cried, "and I fear to think upon what befell our captain's little son, for of all our crew only three men were left alive and as they sailed away from us three we heard the boy shrieking pitifully." One by one the witnesses wove with their tales a black net of wickedness, but they could not or would not say they knew this prisoner or that.