by Daniel Defoe
THO. Sutton, David Sympson, Christopher Moody, Phil. Bill, R. Hardy, Hen. Dennis, David Rice, Wm. Williams, R. Harris, Geo. Smith, Ed. Watts, Jo. Mitchell and James Barrow.
The Evidence against these Prisoners, were Geret de Haen, Master of the Flushingham, taken nigh Axim, the Beginning of January last.
Benj. Kreft Master, and James Groet Mate of the Gertruycht, taken nigh Gabone in December last, and Mr. Castel, Wingfield and others, that had been Prisoners with the Pyrates.
The former deposed, that all these Prisoners (excepting Hardy) were on Board at the Robbery and Plunder of their Ships, behaving in a vile outragious Manner, putting them in bodily Fears, sometimes for the Ship, and sometimes for themselves; and in particular, Kreft charged it on Sutton, that he had ordered all their Gunner’s Stores out; on which that Prisoner presently interrupted, and said, he was perjured, That he had not taken half. A Reply, I believe, not designed as any sawcy Way of jesting, but to give their Behaviour an Appearance of more Humanity than the Dutch would allow.
From Mr. Castel, Wingfield and others, they were proved to be distinguished Men, Men who were consulted as Chiefs in all Enterprizes; belonged most of them to the House of Lords, (as they call’d it,) and could carry an Authority over others. The former said, particularly of Hardy, (Quarter-Master of the Ranger,) that when the Diligence Sloop was taken, (whereto he belonged,) none was busier in the Plunder, and was the very Man who scuttled and sunk that Vessel.
From some of the Prisoners acquitted, it was farther demanded, whether the Acceptance or Refusal of any Office was not in their own Option? And it was declared, that every Officer was chose by a Majority of Votes, and might refuse, if he pleased, since others gladly embraced what brought with it an additional Share of Prize. Guilty
The Court on the 31st of March, remanded the following six before them, for Sentence, viz. Dav. Sympson, Wm. Magnes, R. Hardy, Thomas Sutton, Christopher Moody, and Valen. Ashplant.
To whom the President spoke to the following Purpose; The Crime of Pyracy, of which all of ye have been justly convicted, is of all other Robberies the most aggravating and inhumane, in that being removed from the Fears of Surprize, in remote and distant Parts, ye do in Wantonness of Power often add Cruelty to Theft.
Pyrates unmoved at Distress or Poverty, not only spoil and rob, but do it from Men needy, and who are purchasing their Livlihoods thro’ Hazards and Difficulties, which ought rather to move Compassion; and what is still worse, do often, by Perswasion or Force, engage the inconsiderate Part of them, to their own and Families Ruin, removing them from their Wives and Children, and by that, from the Means that should support them from Misery and Want.
To a trading Nation, nothing can be so Destructive as Pyracy, or call for more exemplary Punishment; besides, the national Reflection it infers: It cuts off the Returns of Industry, and those plentiful Importations that alone can make an Island flourishing; and it is your Aggravation, that ye have been the Chiefs and Rulers in these licentious and lawless Practices.
However, contrary to the Measures ye have dealt, ye have been heard with Patience, and tho’ little has, or possibly could, have been said in Excuse or Extenuation of your Crimes, yet Charity makes us hope that a true and sincere Repentance (which we heartily recommend) may entitle ye to Mercy and Forgiveness, after the Sentence of the Law has taken Place, which now remains upon me to pronounce.
YOU Dav. Simpson, William Magnes, R. Hardy, Tho. Sutton, Christopher Moody, and Val. Ashplant.
Ye, and each of you, are adjudged and sentenced, to be carried back to the Place from whence ye came, from thence to the Place of Execution, without the Gates of this Castle, and there within the Flood-Marks, to be hanged by the Neck till ye are dead.
After this, ye, and each of you shall be taken down, and your Bodies hanged in Chains.
Warrant for Execution.
PURSUANT to the Sentence given on Saturday, by the Court of Admiralty, at Cape-Corso-Castle, against Dav. Simpson, Wm. Magnes, R. Hardy, Tho. Sutton, Christopher Moody, and Valentine Ashplant.
You are hereby directed to carry the aforesaid Malefactors to the Place of Execution, without the Gates of this Castle, to Morrow Morning at Nine of the Clock, and there within the Flood-Marks, cause them to be hanged by the Neck till they are dead, for which, this shall be your Warrant. Given under my Hand, this 2d Day of April 1722.
To Joseph Gordyn,
Provost-Marshal.
Mungo Heardman.
The Bodies remove in Chains, to the Gibbets already erected on the adjacent Hillocks.
M. H.
William Phillips.
IT appeared by the Evidence of Captain Jo. Trahern, and George Fenn, Mate of the King Solomon, that this Prisoner was Boatswain of the same Ship, when she was attacked and taken off Cape Appollonia, the 6th of January last, by the Pyrate’s Boat.
When the Boat drew nigh, (they say,) it was judged from the Number of Men in her, that they were Pyrates, and being hailed, answered, Defiance; at which the Commander snatched a Musquet from one of his Men, and fired, asking them at the same Time, whether they would stand by him, to defend the Ship? But the Pyrates returning a Volley, and crying out, they would give no Quarters if any Resistance was made; this Prisoner took upon him to call out for Quarters, without the Master’s Consent, and mislead the rest to the laying down their Arms, and giving up the Ship, to half the Number of Men, and in an open Boat. It was further evident he became, after this, a Voluntier amongst them. First, because he was presently very forward and brisk, in robbing the Ship King Solomon, of her Provisions and Stores. Secondly, because he endeavoured to have his Captain ill used; and lastly, because he had confessed to Fenn, that he had been obliged to sign their Articles that Night, (a Pistol being laid on the Table, to signify he must do it, or be shot,) when the whole appeared to be an Untruth from other Evidence, who also asserted his being armed in the Action against the Swallow.
In answer to this, he first observed upon the Unhappiness of being friendless in this Part of the World, which, elsewhere, by witnessing to the Honesty of his former Life, would, he believed, in a great Measure, have invalidated the wrong Evidence had been given of his being a Voluntier with the Pyrates. He owns indeed, he made no Application to his Captain, to intercede for a Discharge, but excuses it with saying, he had a dislike to him, and therefore was sure that such Application would have avail’d him nothing.
The Court observed the Pretences of this, and other of the Pyrates, of a Pistol and their Articles being served up in a Dish together, or of their being misused and forced from an honest Service, was often a Complotment of the Parties, to render them less suspected of those they came from, and was to answer the End of being put in a News-Paper or Affidavit: and the Pyrates were so generous as not to refuse a Compliment to a Brother that cost them nothing, and, at the same Time, secured them the best Hands; the best I call them, because such a Dependance made them act more boldly. Guilty.
Harry Glasby, Master.
THere appearing several Persons in Court, who had been taken by Roberts’s Ship, whereof the Prisoner was Master, their Evidence was accepted as follows.
Jo. Trahern, Commander of the King Solomon, deposed, the Prisoner, indeed, to act as Master of the Pyrate Ship (while he was under Restraint there) but was observed like no Master, every one obeying at Discretion, of which he had taken Notice, and complained to him, how hard a Condition it was, to be a Chief among Brutes; and that he was weary of his Life, and such other Expressions, (now out of his Memory,) as shew’d in him a great Disinclination to that Course of Living.
Jo. Wingfield, a Prisoner with them at Calabar, says the same, as to the Quality he acted in, but that he was Civil beyond any of them, and verily believes, that when the Brigantine he served on Board of, as a Factor for the African Company, was voted to be burnt, this Man was the Instrument of preventing it, expressing himself with a great deal of Sorrow, for this and the like malicious Rogueries of the Company he was in; that to him shewed, he had a
cted with Reluctancy, as one who could not avoid what he did. He adds further, that when one Hamilton, a Surgeon, was taken by them, and the Articles about to be imposed on him, he opposed, and prevented it. And that Hunter, another Surgeon, among them, was cleared at the Prisoner’s Instance and Perswasion; from which last, this Deponent had it assured to him, that Glasby had once been under Sentence of Death, on Board of them, with two more, for endeavouring an Escape in the West-Indies, and that the other two were really shot for it.
Elizabeth Trengrove, who was taken a Passenger in the African Company’s Ship Onslow, strengthen’d the Evidence of the last Witness; for having heard a good Character of this Glasby, she enquired of the Quarter-Master, who was then on Board a robbing, whether or no she could see him? And he told her, No; they never ventured him from the Ship, for he had once endeavoured his Escape, and they had ever since continued jealous of him.
Edward Crisp, Captain Trengrove, and Captain Sharp, who had all been taken in their Turns, acknowledge for themselves and others, who had unluckily fallen into those Pyrates Hands, that the good Usage they had met with, was chiefly thro’ the Prisoner’s Means, who often interposed, for leaving sufficient Stores and Instruments on Board the Ships they had robbed, alledging, they were superfluous and unnecessary there.
James White, whose Business was Musick, and was on the Poop of the Pyrate Ship in Time of Action with the Swallow, deposed, that during the Engagement, and Defence she made, he never saw the Prisoner busied about the Guns, or giving Orders, either to the loading or firing of them; but that he wholly attended to the setting, or trimming, of the Sails, as Roberts commanded; and that in the Conclusion, he verily believed him to be the Man who prevented the Ship’s being blown up, by setting trusty Centinels below, and opposing himself against such hot-headed Fellows as had procured lighted Matches, and were going down for that Purpose.
Isaac Sun, Lieutenant of the Man of War, deposed, that when he came to take Possession of the Prize, in the King’s Boat, he found the Pyrates in a very distracted and divided Condition; some being for blowing up, and others (who perhaps supposed themselves least culpable) opposing it: That in this Confusion he enquired for the Prisoner, of whom he had before heard a good Character; and thinks he rendered all the Service in his Power, for preventing it; in particular, he understood by all Hands, that he had seized, and taken, from one James Philips, a lighted Match, at the Instant he was going down to the Magazine, swearing, that he should send them all to H—l together. He had heard also, that after Roberts was killed, the Prisoner ordered the Colours to be struck; and had since shown, how opposite his Practice and Principles had been, by discovering who were the greatest Rogues among them.
The Prisoner, in his own Defence, says, when he had the Misfortune of falling into the Pyrates Hands, he was chief Mate of the Samuel, of London, Captain Cary; and when he had hid himself, to prevent the Design of carrying him away, they found him, and beat and threw him over-board. Seven Days afterwards, upon his objecting against, and refusing to sign their Articles, he was cut and abus’d again: That tho’ after this he ingratiated himself, by a more humble Carriage, it was only to make Life easy; the Shares they had given him, having been from Time to Time returned again to such Prisoners as fell in his Way; till of late, indeed, he had made a small Reservation, and had desired Captain Loan to take two or three Moidores from him, to carry to his Wife. He was once taken, he says, at making his Escape, in the West-Indies, and, with two more, sentenced to be shot for it, by a drunken Jury; the latter actually suffered, and he was preserved only by one of the chief Pyrates taking a sudden Liking to him, and bullying the others. A second time he ran away at Hispaniola, carrying a Pocket Compass, for conducting him through the Woods; but that being a most desolate and wild Part of the Island he fell upon, and he ignorant how to direct his Course, was obliged, after two or three Days wandering, to return towards the Ship again, denying with egregious Oaths, the Design he was charg’d with, for Fear they should shoot him. From this Time he hopes it will be some Extenuation of his Fault, that most of the acquitted Prisoners can witness, they entertained Jealousies of him, and Roberts would not admit him into his Secrets; and withal, that Captain Cary, (and four other Passengers with him) had made Affidavit of his having been forced from his Employ, which tho’ he could not produce, yet he humbly hoped the Court would think highly probable from the Circumstances offered.
On the whole, the Court was of Opinion Artists had the best Pretension to the Plea of Force, from the Necessity Pyrates are sometimes under of engaging such, and that many Parts of his own Defence had been confirmed by the Evidence, who had asserted he acted with Reluctance, and had expressed a Concern and Trouble for the little Hopes remained to him, of extricating himself. That he had used all Prisoners (as they were called) well, at the hazard of ill Usage to himself. That he had not in any military Capacity assisted their Robberies. That he had twice endeavoured his Escape, with the utmost Danger. Acquitted him.
Captain James Skyrm.
IT appeared from the Evidence of several Prisoners acquitted, that this Skyrm commanded the Ranger, in that Defence she made against the King’s Ship; that he ordered the Men to their Quarters, and the Guns to be loaded and fired, having a Sword in his Hand, to enforce those Commands; and beat such to their Duty whom he espied any way negligent or backward. That altho’ he had lost a Leg in the Action, his Temper was so warm, as to refuse going off the Deck, till he found all was lost.
In his Defence, he says, he was forced from a Mate’s Employ on Board a Sloop call’d the Greyhound, of St. Christophers, Oct. 1720. The Pyrate having drubbed him, and broke his Head, only for offering to go away when that Sloop was dismissed. Custom and Success had since indeed blunted, and, in some Measure, worn out the Sense of Shame; but that he had really for several Months past been sick, and disqualified for any Duty, and though Roberts had forced him on this Expedition much against his Will, yet the Evidence must be sensible, the Title of Captain gave him no Pre-eminence, for he could not be obeyed, though he had often called to them, to leave off their Fire, when he perceived it to be the King’s Ship.
The Sickness he alledged, but more especially the Circumstance of losing his Leg, were Aggravations of his Fault, shewing him more alert on such Occasions, than he was now willing to be thought: As to the Name of Captain, if it were allowed to give him no Precedence out of Battle, yet here it was proved a Title of Authority; such an Authority as could direct an Engagement against the King’s Colours, and therefore he was in the highest Degree, Guilty.
John Walden.
CAptain John Trahern, and George Fenn, deposed, the Prisoner to be one of the Number, who, in an open Boat, pyratically assailed, and took their Ship, and was remarkably busy at Mischief, having a Pole-Ax in his Hand, which served him instead of a Key, to all the lock’d Doors and Boxes he come nigh: Also in particular, he cut the Cable of our Ship, when the other Pyrates were willing, and busied at heaving up the Anchor, saying, Captain, what signifies this Trouble of Yo Hope and straining in hot Weather; there are more Anchors at London, and besides, your Ship is to be burnt.
William Smith, (a Prisoner acquitted,) says Walden was known among the Pyrates mostly, by the Nick-Name of Miss Nanney (ironically its presumed from the Hardness of his Temper) that he was one of the twenty who voluntarily came on Board the Ranger, in the Chace she made out after the Swallow, and by a Shot from that Ship, lost his Leg; his Behaviour in the Fight, till then, being bold and daring.
The President, called for Harry Glasby, and bid him relate a Character of the Prisoner, and what Custom was among them, in Relation to these voluntary Expeditions, out of their proper Ship; and this of going on Board the Ranger, in particular.
And he gave in for Evidence, that the Prisoner was looked on as a brisk Hand, (i. e. as he farther explained it, a stanch Pyrate, a great Rogue) that when the Swallow first appeared in Sight, every one was willing to believe her a Portuguese, because Sugar was very much in Demand, and had made s
ome Jarring and Dissention between the two Companies, (the Fortune’s People drinking Punch, when the Ranger’s could not) that Roberts, on Sight of the Swallow, hailed the new Ranger, and bid them right Ship, and get under Sail; there is, says he, Sugar in the Offing, bring it in, that we may have no more Mumbling; ordering at the same Time the Word to be pass’d among the Crew, who would go to their Assistance, and immediately the Boat was full of Men, to transport themselves.
President. Then every one that goes on Board of any Prize, does it voluntarily? Or were there here any other Reasons for it?
H. Glasby. Every Man is commonly called by List, and insists, in his Turn, to go on Board of a Prize, because they then are allowed a Shift of Cloaths, (the best they can find) over and above the Dividend from the Robbery, and this they are so far from being compelled to, that it often becomes the Occasion of Contest and Quarrel amongst them: But in the present, or such like Cases, where there appears a Prospect of Trouble, the Lazy and Timerous are often willing to decline this Turn, and yield to their Betters, who thereby establish a greater Credit.
The Prisoner, and the rest of those Men who went from the Fortune on Board the Ranger, to assist in this Expedition, were Voluntiers, and the trustiest Men among us.
President. Were there no Jealousies of the Ranger’s leaving you in this Chace, or at any other Time, in order to surrender?
H. Glasby. Most of the Ranger’s Crew were fresh Men, Men who had been enter’d only since their being on the Coast of Guiney, and therefore had not so liberal a Share in fresh Provisions, or Wine, as the Fortune’s People, who thought they had born the Burthen and Heat of the Day, which had given Occasion indeed to some Grumblings and Whispers, as tho’ they would take an Opportunity to leave us, but we never supposed (if they did) it would be with any other Design then setting up for themselves, they having (many of them) behaved with greater Severity than the old Standers.
