Privateering and Piracy in the Colonial Period Part 47

The Witnesses having been Severally Examined and Deposed as aforesd., the Prisoners were asked whether they had any thing to say on their own Defence. William Phillips said he was forced by the Pyrates out of the Sloop _Glasgow_, William Warden Master, that sometime after he was on board, he understood there were articles drawn up,[10] for the Captain Called him auft, and with his pistol c.o.c.ked demanded him to sign the sd. Articles or Else he would blow his Brains out, which he refused to do, Reminding the Captain of his promise that he should be cleared; but the Captn. Declaring that it should not hurt him, and Insisting on it as aforesd., he was Obliged to sign the sd. Articles.

Then when Ferne and Wood were running away with the snow, they never told him what design they were upon but told him they were going to Holmes's hole,[11] and there every one to s.h.i.+ft for himself, and the rest alledging they were forced men and some of them that they were in the secret of subduing the Pyrates and active in it, and others that there was no vessels taking whilst they were on board.

[Footnote 10: Johnson, pp. 397-398, gives verbatim the text of these articles of agreement (_cf._ doc. no. 50), a very curious set, to which these pirates "swore upon a Hatchet for want of a Bible."]

[Footnote 11: Now Vineyard Haven, in Martha's Vineyard.]

Then the Prisoners being taken away and all withdrawn but the Register, The Court maturely Weighed and Considered the Evidences and Cases of the Prisoners and by a Plurality of Voices found the sd William Phillips Guilty of the Pyracies, Robberies and Felonys Exhibited against him, and by an unanimous voice found the sd. Isaac La.s.sen, Henry Gyles, Charles Ivemay, John Bootman, John Coombes and Henry Payne not Guilty.

Then the Prisoners were brought to the Bar and the President acquainted William Phillips That the Court had found him Guilty of the Pyracies, Robberies and Felonies Exhibited against him, and asked him if he had any thing to say why sentence of Death should not pa.s.s upon him for his Offences.

And he offering nothing Material the President p.r.o.nounced sentence of Death against him in the following words--

"You, William Phillips, are to go from hence to the place from whence you Come and from thence to the place of Execution, and there you are to be hanged by the neck until you are dead, and G.o.d of His Infinite Mercy save your Soul."

And the President p.r.o.nounced the said Isaac La.s.sen, Henry Gyles, Charles Ivemay, John Bootman, John Coombs and Henry Payne not Guilty.

Then the Court adjourned till to morrow morning Eight of the Clock.

_121. Trial of William White, John Rose Archer, and William Taylor.

May 13, 1724._

May the 13th day A.M.

The Court met according to Adjournmt. and was opened by Proclamation.

Present The Hono'ble William Dummer, Esqr., etc. President.

William Tailer Nathaniel Norden } Samuel Sewall Thomas Hutchinson } Penn Townsend Samuel Browne } Esqrs., of the Council of Edwd. Bromfield Thomas Fitch } the Ma.s.sachusetts Bay.

John Cus.h.i.+ng Adam Winthrop } Spencer Phipps. }

John Menzies } Thomas Durell } Esqrs., Commissioners appointed in Thomas Lechmere } His Majesties Commission, etc.

John Jekyll }

A Warrant issued out for the bringing into Court William White, John Archer, otherwise Called John Rose Archer, and William Tailer, and they were brought to the Bar accordingly and arraigned upon the several articles Exhibited against them for Piracy Robbery and Felony.

At a Special Court of Admiralty for Tryal of Pyrates held at Boston within His maj'ties Province of the Ma.s.sachusetts Bay in New England on the twelfth day of May In the Tenth year of the Reign of our sovereign Lord George, by the Grace of G.o.d of Great Britain, France and Ireland King, Defender of the Faith, etc., Annoq Domini 1724--

Articles of Pyracy, Robbery and Felony Exhibited then and there against William White, John Archer, otherwise Called John Rose Archer, and William Taylor, Marriners--

You stand Accused by His Majesties Advocate General of Felony, Pyracy and Robbery

First, For that the said William White, together with John Phillips, John Nutt, Samuel Ferne and James Sparks, on or about the beginning of September last past, by force and Arms, in a Certain harbour near St.

Peters in Newfoundland, upon the high sea, within the Jurisdiction of the Admiralty of Great Britain, piratically and Feloniously did surprise, seise, take and Carry away a Certain sc.o.o.ner named ----, then and there being and belonging to His Maj'ties good subjects, and on the fifth day of the sd. month, being on board the sd sc.o.o.ner as aforesd., with force as aforesd., and on the high sea, within the Jurisdiction aforesd., near Newfoundland did Pyratically and Feloniously surprise, seize and take three fis.h.i.+ng vessels belonging to His Majesties good subjects and in manner as aforesd. did take out of one of them an Indian Man named Isaac La.s.sen; and afterward, viz.

on or about the middle of the sd Month of September, on the high sea and within the Jurisdiction aforesd., he the sd William White, in Conjunction as aforesd. with divers others, with force and arms Pyratically and Feloniously did surprise, seize and take a Certain sc.o.o.ner named ----, one Furber, belonging to His Majesties good subjects and of the value of Five hundred pounds, and then and there within the Jurisdiction aforesd. out of her did seize, take and Carry away a quant.i.ty of provision and Cloaths of the Value of fifty pounds.[1]...

[Footnote 1: Articles II.-XII. are here omitted, being substantially identical with arts. III.-VII. of the indictment in doc. no. 119 and III.-VII. of that in doc. no. 120.]

Lastly, For that the sd. William White, John Archer, als Rose Archer, and William Taylor, in Conjunction as aforesd., on or about the fourteenth of April last past, on the high sea and within the Jurisdiction aforesd., with force and Arms Did Feloniously and Pyratically surprise, seize and take a Sloop named the _Squirrel_, Andrew Harradine Master, of the Value of Three hundred pounds and belonging to His Maj'ties good subjects and on the fifteenth following with force and Feloniously and pyratically did Enter with all their Guns, ammunition and provision on board the sd Sloop. All which Actings of Pyracy, robbery and Felony were by you and Each of you done and Committed in manner as aforesd., Contrary to the Statutes and the Laws in that Case made and Provided.

ROB. AUCHMUTY, Adv. Genl.

Then the Kings Evidences were Called and sworn.

John Filmore Deposeth and Saith That he was in the harbour of St.

Peters when Mr. Minotts sc.o.o.ner was run away with, by which sc.o.o.ner he was afterwards taken. That when he was Carried on board, he there saw William White upon Deck. That White told this Depont. he Came out upon that design, which this Depont. understood to be Pyracy, but that he was in Drink and he was sorry for it. That White went armed on board a Virginia s.h.i.+p, that he had his Share of some s.h.i.+rts that were taken out of a Portuguese Brigantine, That John Rose Archer and William Taylor (when a Brigantine whereof One Read was Master, in which the sd Archer and White were, was taken), Voluntarily Joyned with the Pyrates, That in a short time after Archer was Chosen Quartermaster and after he was so, he went on board every Vessel they took, armed, That William Taylor was very Great with Phillips, Nutt and Burrill, being Admitted into the Cabbin, upon any Consultation they had together.

Edward Cheesman Deposed That White told him he was [one] of the first five that run away with Mr. Minotts Sc.o.o.ner, [That] they made him Drink, and that he was sorry for it now. That in taking several Vessels White was more Active than others, who pretended to be forced men. That John Rose Archer, to this Deponts. certain knowledge, by force and Arms Entred into several vessels they took and aided and a.s.sisted in plundering the same and sharing part thereof, And that William Taylor was as active on board as any of them; That this Depont Saw him once take a great Coat and heard him then say, he would not willingly hurt a Man, but he was upon the Account, and he must not go Naked.

Isaac La.s.sen Deposeth That White told him three days [after] he was taken, that he was sorry he Came out upon the [Accot.], That this Depont. saw him go on board a snow armed, and that he shared part of the plunder.

Henry Giles Deposed That White was one of the four that went on board the s.h.i.+p this Depont. was taken out of, that he was Armed with a Cutla.s.s and Shared part of the plunder, That he also Saw him go on board a French s.h.i.+p armed with a Cutla.s.s, out of which s.h.i.+p they took Eight Great Guns: That Archer also was one of the four that went on board their s.h.i.+p armed with a Cutlash, and as this Depont. was going over the side Archer threatned to Cut him in sunder if he did not make hast and go on board the Pyrate with his Books and Instruments.

William Lancy Deposed That he was taken by the Pyrate Phillips sometime in April last, That Archer the Quarter Master was one of those who came on board his sc.o.o.ner and that he was armed with sword or Cutlash; that the sd. Archer went on board all or most of the vessels they took while this Depont. was with them, Armed with sword or Cutla.s.s; That Archer told him that he was one of Teaches[2] men and went into South Carolina upon the Act of Grace. That White told this Depont. he was sorry he came out upon the Accot. and if he Could he would get away before they went off the Coast. That he heard William Taylor say they were Carrying him to Virginia to be sold[3] and they met with these honest Men, meaning the Pyrates, and he listed himself to go with them.

[Footnote 2: Edward Teach or Thatch, the famous pirate commonly called Blackbeard.]

[Footnote 3: _I.e._, as an indented servant.]

After the Kings Evidences had been severally Examined the Prisoners at the Bar were asked what they had to say in their own Defence. William White says he is sorry he should Commit such a sin, that he was in Drink when he went away with Phillips, Nutt, etc., in Mr Minotts sc.o.o.ner. John Archer and Willm Taylor say they were forced Men, and Archer, being asked how he Came to be Quarter Master, Answered that the Company thought him the fittest Man for a Quarter master and so Chose him.

Then the Kings Advocate General summed up the nature of the Evidence against the Prisoners, and the Prisoners were taken from the Bar, and the Court cleared and in private.

Then the Court Maturely weighed and Considered the Evidences and the Prisoners Cases, and Unanimously found William White, John Rose Archer, and William Taylor Guilty of Pyracy, robbery and Felony according to the Articles Exhibited against them. Then the Prisoners were brought to the Bar and the President acquainted them that the Court by a Unanimous Voice had found them Guilty. Then the Court Adjourned to three a Clock in the afternoon.

_122. Trial of John Baptis and Peter Taffery. May 13, 1724._

The Court met and Opened according to Adjournm't by Proclamation and Ordered John Baptis and Peter Taffery, two French Men, to be brought [to] the Bar, and they were brought to the Bar accordingly and ordered to attend to the articles read agt. them for Pyracy, Robbery and Felony.

And the Register read the articles, which were the four last articles of those Exhibited against William Phillips, Isaac La.s.sen, etc., to which articles the sd John Baptis and Peter Taffery severally pleaded not Guilty. Then the Kings Evidences being sworn, Called and Interrogated, Deposed as follows.

William Lancy Deposed That whilst he was on board the Pyrat, up[on]

their Coming up with a Cape Anne vessel, Phillips the Captain [of] the Pyrat ordered John Baptis to fetch up a Musquet, which he did, and when the Captain was going to take the Musquet [to] fire, Baptis twicht it out of his hands and fired it him[self], That Baptist was one that went on board a sloop, one [Beel] Master, Armed.

David Jaw, belonging to the Sc.o.o.ner [whereof] Will'm Lancy was Skipper, Deposed That John Baptis Came [on] board their Vessel with several others armed. That Baptis Came [up] to this Depont. and d.a.m.nd him and kicked him in his legs and [pointed] to his Boots,[1] which was a sign as this Depont understood it that he wanted his Boots, and he accordingly pull'd them off and Baptist took them.

[Footnote 1: Baptis, it will be remembered, did not speak English; hence it was that he resorted to the expressive language of manual (and pedal) signs.]

John Filmore Deposed That John Baptis and Peter Taffery, upon the rising against the Pyrates, with others fell upon James Sparkes, the Gunner of the Pyrate, and killed him and threw [him] Overboard.

Edward Cheesman Deposed That John Baptis always carried himself Civilly on board and was always for[ward] to rise upon the Pyrates.

That Peter Taffery was [more active] than Baptis, that he saw him fire at vessels [two or three] times.

Henry Giles Deposed That William[2] Phillips, the Capt[tain] of the Pyrate, was always afraid of John Baptis that he would do him some damage, That Baptis was always ready and forward to rise upon the Pyrates, when they talkt of rising, That he has seen them go Armed on board Vessels, but cant say he had any share of the plunder, That Taffery was more active than Baptis.

[Footnote 2: John.]

Andrew Harradine Deposed he never saw any thing but what was Civil in Baptis and Taffery, That they were very forward upon the rising, as soon as they perceived what they were about, and were very much rejoiced when it was done and they had got their Liberty.