By this time the boatswain was dead, for as soon as Filmore saw the master going over the rail he raised his broadax and gave the boatswain a slash that divided his head clear to his neck. Nutt’s cry and the noise of the scuffle brought the captain on deck to be met by a blow from a mallet in the hands of Cheeseman, which broke his jaw-bone but didn’t knock him down. Haraden then made for the captain with a carpenter’s adz which Sparks, the gunner, attempted to prevent and for his pains was tripped up by Cheeseman and tumbled into the hands of Charles Ivemay, another of the conspirators, who, aided by two Frenchmen, instantly tossed him overboard. Meanwhile, Haraden had smashed the captain over the head with the adz and ended his piratical career for all time. Cheeseman lost no time and jumped from the deck into the hold and was about to beat out the brains of John Rose Archer, the quartermaster, and already had got in two or three blows with his mallet when Harry Giles, a young seaman, came down after him and cried out that Archer’s life should be spared as evidence of their own innocence so that it might not afterwards appear that the attack on the pirates had been made with the intent of seizing their plunder. Cheeseman saw the force of this advice and so Archer was spared and secured with ropes as were three others who were below when the attack was made on deck and who surrendered when they found out what had happened.

Captain Haraden now took command of the “Squirrel” and altered her course from Newfoundland to Annisquam which was reached on April 24th. As they came into the harbor they prepared to fire a swivel to announce their arrival to the village, but in some way the gun was prematurely discharged and a French doctor on board, a forced man, was instantly killed. Tradition, still lingering on the Cape, affirms that the head of Phillips was hanging at the sloop’s mast-head when she arrived at Annisquam[160] and there is an island in Annisquam River, known as Hangman’s Island, which received its name from some connection with this event. The local tradition has it that some of the pirates were hanged on this island but that is incorrect as will be shown later. It is possible, however, that Captain Haraden may have brought back one or more bodies of the dead pirates, as trophies, and these bodies may have been placed on gibbets erected on what is now Hangman’s Island.

The day after the return of the “Squirrel,” Captain Haraden, Israel Tricker and William Mills went over to “the Harbor,” now the city of Gloucester, and made oath before Esquire Epes Sargent to the particulars of the capture and recapture of the sloop and on May 3d, the entire company arrived in Boston and the four accused pirates and the seven forced men found on board with them were placed in gaol to await a speedy trial.

Before relating the story of what took place at the trial it may be well to recount the piratical adventures of Capt. John Phillips previous to the final encounter that cost him his head. He was an Englishman, a carpenter by trade, who shipped for a Newfoundland voyage in a West-Country ship and was captured on the way over by Captain Anstis in the “Good Fortune.” Phillips soon became reconciled to the life of a pirate and was appointed carpenter of the vessel and there he continued until the company broke up at Tobago in the West Indies.

While Phillips was with Anstis, the ship “Irwin,” Captain Ross, bound to the West Indies from Cork, Ireland, was taken off Martinico. Among the passengers was Colonel Doyly of the island of Monserrat, who was wounded and much abused while trying to save from the insults of the pirate crew a poor woman, who was also a passenger. Twenty-one of the scoundrels successively forced the poor creature and then they broke her back and threw her overboard. Johnson in his “History of the Pirates,” is responsible for this account, which seems incredible, especially as all the known “Articles” of pirate ships expressly forbid, under penalty of death, attacks on inoffensive women.

Before long, dissentions arose among the crew. Some wanted to petition the King for a pardon and others wished to continue to sail under the black flag. Finally it was decided to seek a retreat on the island of Tobago while a petition was sent to England. It was signed in a “round robin,” that is, all names were signed in a circle to avoid the appearance of any one having signed first and thereby be thought a principal. The petition stated that they had all been taken by Bartholomew Roberts and forced; that they abhorred and detested piracy and that their capture of the “Good Fortune” and other vessels had been made in the hope of escaping and obtaining a pardon. This petition was sent home by a merchant ship bound to England from Jamaica and in her went a number of the company who felt certain of a pardon and among them John Phillips.

A View of a Stage & also of y^e manner of Fishing for, Curing & Drying Cod at New Found Land.
A. The Habit of ye Fishermen. B. The Line. C. The manner of Fishing. D. The Dressers of ye Fish. E. The Trough into which they throw ye Cod when Dressed. F. Salt Boxes. G. The manner of Carrying ye Cod. H. The Cleansing ye Cod. I. A Press to extract ye Oyl from ye Cods Livers. K. Casks to receive ye Water & Blood that comes from ye Livers. L. Another Cask to receive the Oyl. M. The manner of Drying ye Cod.
FISHING SHIP AND STATION, NEWFOUNDLAND, ABOUT 1717
From an insert in Herman Moll’s “Map of North America,” London [1710-1717], in the possession of John W. Farwell

His stay in England was short for while visiting his friends in Devonshire he learned that some of his former companions had been taken and were safe in custody in Bristol gaol and realizing that his turn might come next he made for his nearest port, Topsham, and shipped for a Newfoundland voyage with one Captain Wadham. When the ship reached St. Peters, in Newfoundland, Phillips promptly deserted and hired out for the season as a fish splitter. But this was only a makeshift until he found opportunity to carry into effect his intended piratical schemes. He soon persuaded a number of his fellow-workers to join him in seizing a schooner owned by William Minott of Boston in the Massachusetts Bay, which lay at anchor in the harbor near St. Peters. The night of Aug. 29, 1723, was the time agreed upon for the adventure but only four men put in an appearance out of the sixteen who had agreed with Phillips to go pirating. Notwithstanding this falling away, Phillips still favored taking the schooner, feeling certain they would soon enlarge their company and so the vessel was seized and out of the harbor they sailed.

When safely at sea they renamed their schooner the “Revenge,” chose officers and drew up Articles to govern their future affairs. John Phillips was made captain; John Nutt, master or navigator; James Sparks, gunner, Thomas Fern, carpenter, and William White, the remaining member of the company, constituted the crew. The Articles, as drawn up, were sworn to upon a hatchet for lack of a Bible and were as follows, viz.:—