On the twelfth of November, 1725, we sailed from Barbadoes on the Perry galley bound for England. On the 14th, about noon, we were taken by the Night Rambler, pirate sloop, one Cooper commander. Our captain and four men were ordered on board the pirate sloop, part of the pirate's crew coming also on board the Perry. Wherein they no sooner entered, but the prisoner at the bar said, Lads, are ye come? I'm glad to see ye; I have been looking out for ye for a great while. Whereupon the pirates saluted him very particularly, calling him by his name, and the prisoner was as busy as any of the rest in plundering and stripping the ship on board of which he had served, and the rest who belonged to it, the very next day after being made boatswain of the pirate. The same day I was carried on board the pirate sloop, tied to the gears and received two hundred lashes with a cat o' nine tails which the prisoner Upton had made for that purpose; after which they pickled me, and the prisoner Upton stabbed me in the head near my ear with a knife, insomuch that I could not lay my head upon a pillow for fourteen days, but was forced to support it upon my hand against the table; and when some of the pirate's crew asked me how I did, upon my answering that I was as bad as a man could be and live, the prisoner, Upton, said D——n him, give him a second reward.
It was also further deposed by the same gentleman that at the island of Aruba, the prisoner was very busy in stripping the Perry galley of the most useful and valuable parts of her rigging, carrying them on board the pirate, and making use of them there. He had also in his custody several things of value, and particularly wearing apparel, belonging to one Mr. Furnell, a passenger belonging to the said Perry galley; and when it was debated amongst the pirates, and afterwards put to the vote, whether the crew of the said galley should have their vessel again or no, John Upton was not only against them, but also proposed burning the said vessel, and tying the captain and mate to one of the masts in order to their being burnt too.
Mr. Eaton, the second mate of the ship, was the next witness called. He confirmed all that had been sworn by Mr. Dimmock, adding that the day they were taken the pirates asked if he would consent to sign their articles, which he refused. Whereupon they put a rope about his neck, and hoisted him up to the yard's arm, so that he totally lost his senses. He recovered them by some of the pirate's crew pricking him in the fleshy parts of his body, while others beat him with the flat of their swords. As soon as they perceived he was a little come to himself they put the former question to him, whether he would sign their articles. He answered, No, a second time. One of the crew thereupon snatched up a pistol, and swore he would shoot him through the head; but another of them said, No, d——n him, that's too honourable a death; he shall be hanged. Upon this they pulled him up by the rope again, and treated him with many other indignities, and at last in the captain's cabin, pulled a cap over his eyes and clapped a pistol to his head; then he expected nothing but immediate death, a person having almost jabbed his eye out with the muzzle of the pistol, but at last they did let him go. He swore, also, that when the pirates' articles were presented to him to sign, he saw there the name of John Upton, he being well acquainted with his hand.
Mr. Furnell, a passenger in the ship, was the third evidence against the prisoner. He deposed to the same effect with the other two, adding that John Upton was more cruel and barbarous to them than any of the other pirates, insomuch that when they were marooned, and under the greatest necessities for food, Upton said, D——n them, let them be starved, and was the most active of all the rest in taking the goods, and whatever he could lay his hands on out of the Perry galley.
In his defence the prisoner would fain have suggested that what the witnesses had sworn against him was chiefly occasioned by a malicious spleen they had against him. He asserted that he was forced by the pirates to become one of their number and was so far from concerned with them voluntarily that he proposed to the mate, after they were taken, to regain the ship, urging that there were but thirteen of the pirates on board, and they all drunk, and no less than nine of their own men left there who were all sober; that the mate's heart failed him, and instead of complying with his motion, said, This is a dangerous thing to speak of; if it should come to the pirates' ears we shall be all murdered, and therefore entreated the prisoner not to speak of it any more. The mate denied every syllable of this, and so the prisoner's assertions did not weigh at all with the jury. After they had brought in their verdict, Mr. Upton said to those who swore against him, Lord! What have you three done?
Under sentence of death he behaved himself with much courage, and yet with great penitence. He denied part of the charge, viz., that he was willingly one of the pirates, but as to the other facts, he confessed them with very little alteration. He averred that the course of his life had been very wicked and debauched, for which he expressed much sorrow, and to the day of his death behaved himself with all outward mark of true repentance. At the place of execution, he was asked whether he had not advised the burning of the Perry galley, with Captain King and the chief mate on board. He averred that he did not in any shape whatsoever either propose or agree to an act of such a sort. Then, after some private devotions, he submitted to his sentence, and was turned off on the 16th day of May, 1729, being then about fifty years of age.
The Life of JEPTHAH BIGG, an Incendiary, and Writer of Threatening Letters
I have already taken notice in the life of Bryan Smith[[85]] of the Act of Parliament on which the proceedings against these letter-writers are grounded. One would be surprised that after more examples than one of that kind, people should yet be found so foolish as well as wicked as to carry on so desperate an enterprise, in which there is scarce any probability of meeting with success; yet this unfortunate person of whom we are now to speak, who was descended of mean parents, careful however of giving him a very good education, fell upon this project, put into his head by being a little out of business, and so in one moment cancelled all his former honesty and industry, and hazarded a life which soon after became forfeited.