Being now all secured and in custody in the most proper places in the island, Mr. Fea took care to give notice to the proper officers in the country, and by them to the Government of Edinburgh, in order to get help for the carrying them to England. The distance being so great, it took up some time; for the Government at Edinburgh not being immediately concerned in it, but rather the Court of Admiralty of Great Britain, expresses were dispatched from thence to London, that his Majesty's pleasure might be known; in return to which, orders were despatched into Scotland to have them immediately sent up into England with as much expedition as the case would admit. Accordingly they were brought up by land to Edinburgh first, and from thence being put on board the Greyhound frigate, they were brought by sea to England. This necessarily took up a great deal of time, so that had they been wise enough to improve the hours that were left, they had almost half a year's time to prepare themselves for death, though they cruelly denied the poor mate of a few moments to commend his soul to God's mercy, even after he was half murdered before. They were most of them in custody the latter end of January, and were not executed till the 11th of June.
The Greyhound arrived in the river the 25th of March, and the next day came to an anchor at Woolwich; and the pirates being put into boats appointed to receive them, with a strong guard to attend them, were brought on shore on the 30th, and conveyed to the Marshalsea prison in Southwark, where they were delivered to the keepers of the said prison, and were laid in irons. There they had the mortification to meet Lieutenant Williams, who was brought home by the Argyle man-of-war, from Lisbon, and had been committed to the same prison but a very few days before.
Indeed, as it was a mortification to them, so it was more to him, for though he might be secretly pleased that those who had so cruelly, as he called it, put him into the hands of Justice by sending him to Lisbon, were brought into the same circumstances with himself, yet on the other hand, it could not but be a terrible mortification to him that here were now sufficient witnesses found to prove his crimes against him, which were not so easy to be had before.
Being thus laid fast, it remained to proceed against them in due form, and this took up some long time still. On Friday, the 2nd of April, they were all carried to Doctors' Commons, where the proper judges being present, they were examined; by which examination the measures were taken for the farther proceedings. For as they were not equally guilty, so it was needful to determine who it was proper to bring to an immediate trial, and who, being less guilty, were more proper objects of the Government's clemency, as being under force and fear and consequently necessitated to act as they did; and also who it might be proper to single out as an evidence against the rest. After being thus examined they were remanded to the Marshalsea. On Saturday, the 8th of May, the five who were appointed for evidence against the rest, and whose names are particularly set down in its place, were sent from the Marshalsea prison to Newgate, in order to give their information.
Being thus brought up to London, and committed to the Marshalsea prison, and the Government being fully informed, what black uncommon offenders they were, it was thought proper to bring them to speedy justice. In order to this, some of them, as has been said, who were less criminal than the rest, and who apparently had been forced into their service, were sorted out, and being examined (giving first an account of themselves, and then of the whole fraternity) it was thought fit to make use of their evidence for the more clear detecting and convincing of the rest. These were George Dobson, John Phinnes, Timothy Murphy, and William Booth.
These were the principal evidences, and were indeed more than sufficient, for they so exactly agreed in their evidence, and the prisoners (pirates) said so little in their defence, that there was no room for the jury to question their guilt, or to doubt the truth of any part of the account given in. Robert Read was a young man, mentioned before, who escaped from the boat in the Orkneys, where he surrendered himself, after getting a horse at a farmer's house, and conveying himself to Kirkwall, the chief town of the said Orkneys. Nevertheless, he was brought up as a prisoner with the rest, nor was he made use of as an evidence but was tried upon most, if not all the indictments with the rest. But Dobson, one of the witnesses, did him the justice to testify that he was forced into their service, as others were, for fear of having their throats cut, as many had been served before their faces, and that in particular he was not present at, or concerned in any of the murders for which the rest were indicted. Upon which evidence, he was acquitted by the jury. Also he brought one Archibald Sutor, the man of the house said before to be a farm-house, as to whether the said Read made his escape in the Orkneys, who testified that he did so escape to him, and that he begged him to procure him a horse, to ride off to Kirkwall, which he did, and there he surrendered himself; also he testified that Read gave him (Sutor) a full account of the ship and the pirates that were in her, and what they were; and that he (Sutor) revealed it all to the collector of the Customs, by which means the country was alarmed, and he added, that it was by this man's means that all the prisoners were apprehended (though that was going too far, for 'tis plain, that it was by the vigilance and courage of Mr. Fea, chiefly, that they were reduced to such distresses as obliged them to surrender). However, it was true that Read's escape did alarm the country, and that he merited very well of the public for the timely discovery he made, so he came off clear as indeed it was but just, for he was not only forced to serve them, but as Dobson testified for him, he had often expressed his uneasiness at being obliged to act with them, and that he wished he could get away, and he was sincere in those wishes, as appeared by his taking the first opportunity he could get to put it in practice. This Dobson was one of the ten men who ran away with the pirates' long-boat from the Orkneys, and who were afterwards made prisoners in the Firth of Leith, and carried up to Edinburgh.
Gow was now a prisoner among the rest in the Marshalsea. His behaviour there was sullen and reserved, rather than penitent. It had been hinted to him by Mr. Fea, as by others, that by his behaviour he should endeavour to make himself an evidence against others, and to merit his life by a ready submission, and obliging others to do the like. But Gow was no fool, and he easily saw there were too many gone before who had provided for their own safety at his expense, and besides that he knew himself too deeply guilty of cruelty and murder to be accepted by public justice as an evidence, especially where so many other less criminals were to be had. This made him, with good reason, too, give over any thoughts of escaping by such means as that; and perhaps seeing so plainly that there was no room for it might be the reason why he seemed to reject the offer, otherwise he was not a person of such nice honour as that we should suppose he would not have secured his own life at the expense of his comrades. Gow appeared to have given over all thoughts of life, from the first time he came to England. Not that he showed any tokens of his repentance, or any sense of his condition suitable to that which was before him, but continuing sullen and reserved, even to the very time he was brought to the bar, when he came there, he could not be tried with the rest, for the arraignment being made in the usual form, he refused to plead. The Court used all the arguments which humanity dictates in such cases,[[106]] to prevail on him to come into ordinary course of other people in like government, laying before him the sentence of the law in such cases, namely that he must be pressed to death, the only torturing execution which however they were obliged to inflict.
But he continued inflexible, carried on his obstinacy to such a height as to receive the sentence in form, as usual in such cases. The execution being appointed to be done the next morning, he was carried back to Newgate in order to it. But whether he was prevailed with by argument and the reasons of those about him, or whether the apparatus for the execution and the manner of the death he was to die terrified him, we cannot say, but the next morning he yielded, and petitioned to be allowed to plead, and he admitted to be tried in the ordinary way. Which being granted, he was brought to the bar by himself and pleaded, being arraigned again upon the same indictment upon which he had been sentenced as a mute, and was found guilty.
Williams the lieutenant, who was put on board the Bristol ship (as hath been said) with orders to deliver him on board the first English man-of-war they should meet with, comes, of course, to have the rest of his history made up in this place. The captain of the Bristol ship, though he received his orders from the crew of pirates and rogues, whose instructions he was not obliged to follow, and whose accusation of Williams they were not obliged to give credit to, yet punctually obeyed the order, and put him on board the Argyle, Captain Bowler, then lying in the port of Lisbon and bound for England; who, as they took him in irons, kept him so, and brought him to England, in the same conditions. But as the pirates did not send any of their company, nor indeed could they do it, along with him to be evidence against him, and the men who went out of the pirate ship on board the Bristol ship, being till then kept as prisoners on board the pirate ship (and perhaps could not have said enough, or given particular evidence, sufficient to convict him in a course of justice), Providence supplied the want by bringing the whole crew to the same place; for Williams was in the Marshalsea prison before them, and by that means they furnished sufficient evidence against Williams also, so that they were all tried together.
In Williams's case the evidence was as particular as in Gow's, and Dobson and the other swore positively that Williams boasted that after MacCauly had cut the super-cargo's throat imperfectly, he (Williams) murdered him, and added that he would not give him time to say his prayers, but shot him through the head. Phinnes and Timothy Murphy testified the same, and to show the bloody disposition of this wretch, William Booth testified that Williams proposed afterwards to the company that if they took any more ships they should not encumber themselves with the men, having already so many prisoners that in case of a fight they should not be safe with them; but that they should take them and tie them, back to back, and throw them all overboard into the sea.