_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 acted 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._