The next morning John Kencate, the doctor on board the “Ranger,” was brought to trial. The Advocate General stated that although the prisoner “used no arms, was not harness’d (as they term it) but was a forc’d man; yet if he received part of their plunder, was not under a constant durance, did at any time approve, or join’d in their villanies, his guilt is at least equal to the rest; the Doctor being ador’d among ’em as the pirates God for in him they chiefly confide for their cure and life, and in this trust and dependence it is, that they enterprise these horrid depredations not to be heightened by aggravation, or lessened by any excuse.”
“Capt. John Welland deposed, and that he saw the Doctor aboard the Ranger; he seem’d not to rejoice when he was taken but solitary, and he was inform’d on board he was a forc’d men; and that he never signed the articles as he heard of, and was now on board the deponants ship.
“John Ackin Mate and John Mudd Carpenter, swore they saw the prisoner at the Bar walking forwards and backwards disconsolately on board the Ranger.
“Archibald Fisher Physician and Chirurgion on board the said Greyhound Man-of-War deposed, that when the prisoner at the Bar was taken and brought aboard the King’s ship he searched his medicaments, and the instruments, and found but very few medicaments, and the instruments very mean and bad.”
Others testified that the doctor was forced on board, by Low, and that he never signed articles so far as they knew or heard, but used to spend much of his time in reading, and was very courteous to the prisoners taken by Low and his company, and that he never shared with them.
The doctor himself said that he was chirurgion of the Sycamore-Galley, Andrew Scot, master, and was taken out of that ship in September last at Bonavista, one of the Cape de Verde Islands, by Low and Company, who detained him ever since, and that he never shared with them, nor signed their articles.
The Court then cleared the doctor and proceeded with the trial of Thomas Pownall, Joseph Sweetser and Joseph Libbey. The name of the latter is not found in the first published lists of the pirates gaoled at Newport for the reason that he was one of those detained by Captain Harris in hopes of capturing Low who had deliberately deserted them, when jointly they probably could have taken the man of war. Libbey’s name appears in the published lists of those condemned and executed, as having been born in Marblehead.
At the trial of these men Doctor Kencate testified that “he well knew Thomas Powell, Joseph Sweetser and John Libbey, and that Thomas Powell acted as gunner on board the Ranger, and that he went on board several vessels taken by Low and company, and plundered, and that Joseph Libbey was an active man on board the Ranger, and used to go on board vessels they took and plundered and that he see him fire several times, and the deponent further deposed that Joseph Sweetser now prisoner at the bar, was on board the pirate Low, and that he has seen him armed, but never see him use them, and that the said Sweetser used to often get alone by himself from amongst the rest of the crew, he was melancholly, and refused to go on board any vessel by them taken, and got out of their way. And the deponent further saith, that on that day, as they engaged the man-of-war, Low proposed to attack the man-of-war, first by firing his great guns then a volley of small arms, heave in their powder flasks and board her in his sloop, and the Ranger to board over the Fortune, and that no one on board the Ranger disagreed to it as he knows of, for most approved of it by words and the others were silent.
“Thomas Jones deposed that Thomas Powell acted as gunner on board the Ranger, and Joseph Libbey was a stirring, active man among them, and used to go aboard vessels to plunder, and that Joseph Sweetser was very dull aboard, and at Cape Antonio he cried to Dunwell to let him go ashore, who refused, and asked him to drink a dram, but Sweetser went down into the hold and cried a good part of the day, and that Low refused to let him go, but brought him and tied him to the mast and threatened to whip him; and he saw him armed but never saw him use his arms as he knows of: and that Sweetser was sick when they engaged the man-of-war, tho’ he assisted in rowing the vessel.
“John Wilson deposed that Thomas Powell was gunner of the Ranger; and the Sabbath day before they were taken, the said Powell told the deponent he wished he was ashore at Long Island, and they went to the head of the mast and Powell said to him I wish you and I were both ashore here stark naked.