These two were the only witnesses who appeared on the side of the prosecution.

Mr. Walter Jacks was first called on behalf of the prisoner, and examined by Mr. Pigott.

He said he was a merchant in Bristol, and had a share in the Recovery, which the prisoner commanded. He knew the prisoner six years, for three or four of which he had been in his Service: and he was always satisfied with his conduct: for he was good to the ship’s company. Mr. Dowling, who had been Surgeon to the ship attended this witness at Bristol to demand the balance of his wages, which had been due to him.

At that time he complained that Captain Kimber had engaged to allow him two privileged Slaves, and that afterwards he would give him but one. The witness told him it was impossible he could have double privilege, as one Slave was all that was ever given to the surgeon of that ship: but in paying him his wages, he gave him sterling money instead of currency; as a small compensation for the hardships he said he sustained.

On the tenth of last January, after Dowling had received his wages, and thanked the witness; he told him that Captain Kimber was a rascal and a cheat, and that he would ruin him if it was in his power. And immediately after the prisoner had been taken into custody, these words occurred to the witness.

Thomas Lawer lived at Birmingham, he had frequent conversations with Dowling about the slave trade, who said, he had frequent quarrels with Captain Kimber, in one of which he struck him, and was afterwards put in irons, turned out of the cabin, and obliged to eat salt provisions with the fore-mast men.

The Captain allowed him but one privileged slave, and had behaved very ill towards him, for which he was determined to be revenged. These words he often used.

Benjamin Riddle was examined by Mr. Morgan.

He said he had been Surgeon on board the Thomas, which was on the coast of Africa, at the same time with the Recovery. There he heard Dowling say, that he had been maltreated by Captain Kimber, and that he would ruin him if possible: that he had a memorandum in his possession, which he could produce against him, when he came home. The witness asked to see the paper, but Dowling would not shew it. This was a sober deliberate conversation, and Dowling thought he was speaking to a friend.