The pirates of the New England coast, 1630-1730

by George Francis Dow; John Henry Edmonds

“Your Honors, I doubt not have observed the weakness, and vanity of the defence which has been made by the prisoners at the Bar, and that the articles (containing indisputable flagrant acts of piracy) are supported against each of them: Their impudences and unfortunate mistake, in attacking his majesty’s ship, tho’ to us fortunate, and of great service to the neighboring governments: Their malicious and cruel assault upon Capt. Welland, not only in the spoiling of his goods, but what is much more, the cutting off his right ear, a crime of that nature and barbarity which can never be repaired: Their plea of constraint, or force, (in the mouth of every Pirate) can be of no avail to them, for if that could justify or excuse! No pirate would ever be convicted; nor even any profligate person in his own account offend against the moral law; if it were asked, it would be hard to answer; who offer’d the violence? It’s apparent they forced, or persuaded one another, or rather the compulsion proceeded of their own corrupt and avaricious inclinations: but if there was the least semblance of truth; in the plea; it might come out in proof, that the prisoners or some of them did manifest their uneasiness and sorrow, to some of the persons whom they had surprised and robb’d; but the contrary of that is plain from Mr. Marsh’s evidence, that the prisoners were so far from a dislike, or regretting their number by inviting him to join with them, and seemed resolved to live and die by their calling, or for it, as their fate is like to be. And now seeing that the facts are as evident as proof by testimony can make ’em, I doubt not your honors will declare the prisoners to be guilty.”

The prisoners were than taken from the bar, the court room was cleared and the judges considered the evidence and voted that all were guilty except John Wilson and Henry Barns. The Court then adjourned for dinner and at two o’clock met and opened by proclamation. The prisoners were brought in and those found guilty were sentenced by Lieut.-Governor Dummer to be hanged by the neck until dead. Thirteen more “of that miserable crew of men,” as they were characterised by the Advocate General, were then brought to the bar for trial, and Captain Welland named six of whom he recognized as having been on the “Ranger” and all had been harnessed, except Thomas Jones, the boy. John Mudd, the carpenter, said that he well remembered Joseph Sound because “said Sound took his buttons out of his sleeves.”

“Benjamin Weekham of Newport mariner, deposed, that on the tenth of March last he was in the bay of Honduras on board of a sloop, Jeremiah Clark Master, Low and Lowders companies being pirates, took the aforesaid sloop, and that this deponent then having the small pox was by John Waters one of the prisoners at the Bar carried on board another vessel; and that he begg’d of some of the company two shirts to shirt himself, the said Waters said damn him, he would beg the vessel too, but at other times he was very civil; and the deponent further saith, he saw William Blades now prisoner at the Bar amongst them.

“William Marsh deposed, that he was taken in manner as aforesaid, and that John Brown the tallest was on board the schooner, and the said Brown told him he had rather be in a tight vessel than a leaky one, and that he was not forced.

“Henry Barns mariner, deposed, that he being on board the Sloop Ranger during her engagement with the Grey-Hound Man of War, saw all the prisoners at the Bar on board the said sloop Ranger, and that he saw John Brown the shortest in arms, that Thomas Mumford Indian, was only as a servant on board.

“The prisoners at the bar were then asked if they had anything to say in their own defence.

“William Blades said he was forced on board of Low about eleven months ago, and never signed to their articles, and that he had when taken about ten or twelve pounds, and that he never shared with them, but only took what they gave him.

“Thomas Hugget said he was one of Capt. Mercy’s men on the coast of Guinea, and in the West Indies was put on board Low, but never shared with them, and they gave him twenty-one pounds.

“Peter Cues said, that on the twenty-third or twenty-fourth of January last he belonged to one Layal in a sloop of Antigua, and was then taken by Low and detained ever since, but never shared with them, and had about ten or twelve pounds when taken, which they gave him.

“Thomas Jones said, he is a lad of about seventeen years of age, and was by Low and company taken out of Capt. Edwards at Newfoundland, and kept by Low ever since.