The
TRYALS
OF
Sixteen Persons for PIRACY, &c.
Four of which were found Guilty,
And the rest Acquitted.
At a Special Court of Admiralty for the Tryal of Pirates, Held at Boston within the Province of the Massachusetts-Bay in New-England, on Monday the Fourth Day of July, Anno Dom. 1726. Pursuant to His Majesty’s Commission, Founded on an Act of Parliament, made in the Eleventh and Twelfth Years of the Reign of King William the Third, Intitled; An Act for the more Effectual Suppression of Piracy. And made Perpetual by an Act of the Sixth of King GEORGE.
BOSTON: Printed for and Sold by Joseph Edwards, at the Corner Shop on the North side of the Town-House, 1726.
“Ay, God damn ye,” said Fly, “to live and hang us, if we are ever taken. No! no! Walk up and be damn’d, that bite won’t take. It has hanged many an honest fellow already.”
Without more words they pulled the captain out of bed, hauled him into the steerage and drove him up on deck, Fly cutting him several times with his cutlass. Once there, one of them asked the unfortunate man if he would rather take a leap like a brave fellow or be tossed overboard like a sneaking rascal. In despair, the captain said to Fly,—“For the Lord’s sake, don’t throw me overboard, boatswain; for if you do, you throw me into Hell immediately.”
“Damn you!” answered Fly. “Since he’s so devilish godly, we’ll give him time to say his prayers and I’ll be parson. Say after me, Lord, have mercy on my soul, short prayers are best, and then over with him, my lads.”
When the men seized him, the captain clutched at the mainsheet and one of them, Thomas Winthrop, picked up a cooper’s broadax and chopped off the poor master’s hand at the wrist and then overboard he went and soon disappeared from sight.
While this was going on, Winthrop, Samuel Cole and Henry Hill had pounced on the mate, Thomas Jenkins, and dragged him on deck telling him he was “of the Captain’s Mess, and they should e’en drink together; it was a pity to part good Company.” As the mate struggled to escape, one of them snatched up the broadax with which Winthrop had lopped off the captain’s hand, and aimed a blow at the mate’s head which landed instead on his shoulder and then he was thrown overboard just before the main shrouds. As he fell he cried out to the ship’s doctor, “For the Lord’s sake, fling me a rope.” But Fly soon put the doctor in irons and also confined the gunner and the carpenter who declined to fall in with the others.
Captain Fly was now saluted and escorted to the great cabin with some ceremony, where a bowl of punch was made. While it was brewing, Morice Cundon, the helmsman, was called down and one John Fitzherbert set in his place. A seaman named Thomas Streator was also brought into the cabin and Fly told the two men that they were rascals and richly deserved to be sent after the captain and the mate, but the company was willing to show them mercy and not put them to death in cold blood; but for the security of the ship’s company they would be placed in irons. The snow was then renamed the “Fame’s Revenge.” She was well stored with powder, rum and provisions but was a slow sailer.
While the company was still debating what course should be taken word was brought down that a ship was near them and the council broke up. As it grew lighter she was recognized as the “Pompey,” which had come out from England in company with Captain Green and had sailed from Jamaica at the same time. The “Pompey” stood in near the snow and hailed, asking for Captain Green’s health. Fly answered “He is very well. At your service!” Not having hands enough Fly decided not to attack the ship so the company returned to the cabin and the bowl of punch and soon voted to make for the North Carolina coast.
On June 3d, off Cape Hatteras, they came upon a sloop lying at anchor inside the bar. She was the “John and Hannah,” John Fulker, master, bound for Boston in New England. When the snow stood in for the harbor of Carolina, Captain Fulker thought she might be in need of a pilot and so took his boat and accompanied by Samuel Walker, the mate, a young lad, and two passengers,—Capt. William Atkinson, late master of the brigantine “Boneta,” and Richard Ruth, rowed out to the snow intending to bring her in. When on board they were told the snow was from Jamaica. Fly received them very civilly and invited them down to the cabin where a bowl of punch was ordered. When it was brought in Fly told his guests “that he was no Man to mince Matters: that he and his Comrades were Gentlemen of Fortune, and should make bold to try if Captain Fulker’s Sloop was a better sailer than the Snow; if she was, she would prove much fitter for their Business, and they must have her.”