CHARLES HARRIS WHO WAS HANGED AT NEWPORT WITH TWENTY-FIVE OF HIS CREW
On the 10th of January, 1722, the good ship “Greyhound” of Boston in
the Massachusetts Bay, Benjamin Edwards, commander, was homeward bound.
She was loaded with logwood and only one day out from the coast of
Honduras where the crew had been worked hard for several weeks loading
the many boatloads of heavy, thorny-growthed, blood-red wood. Early
in the morning the lookout had sighted a ship headed toward them and
while not plantation built she attracted no particular attention until
it was seen that her course was slightly changed to conform to that of
the “Greyhound,” or rather, it would seem, to intersect the course on
which the “Greyhound” was sailing. As the ship drew nearer, a long look
through the perspective revealed a heavily-manned vessel of English
build and Captain Edwards thought it best to order all hands on deck.
Soon the stranger ran up a black flag having a skeleton on it and fired
a gun for the “Greyhound” to bring to.
West India waters had been plagued for many years by piratical gentry
and the Boston captain had heard many terrifying tales of their
barbarous cruelties to masters and seamen but he was a dogged type of
man and so at once prepared to defend his ship. The pirate edged down
a bit and shortly gave the “Greyhound” a broadside of eight guns which
Captain Edwards bravely returned and for nearly an hour the give and
take continued at long gunshot without much damage to either vessel.
Finding that the pirate was more heavily armed than the “Greyhound,”
and her decks showing many men, Captain Edwards began to reckon the
consequences of a too stubborn resistance, for it seemed likely that
eventually he must surrender, barring, of course, lucky chance shot
from his guns that might cut down a mast on the pirate ship. At last he
ordered his ensign to be struck and hove to. Two boatloads of armed men
soon came aboard and searched the ship for anything of value. The loot
was not great for the New England logwood ships had little opportunity
for trade or barter and the disappointment of the pirate crews was soon
spit out on the men. Whenever one came within reach of the cutlass of
a pirate he would receive a swinging slash across shoulders or arms,
or perhaps, a blow on the head with the flat of the blade that would
fell him half-senseless to the deck. By way of diversion two of the
unoffending sailors were triced up at the foot of the mainmast and
lashed until the blood ran from their backs. Captain Edwards and his
men were then ordered into the boats and sent on board the pirate ship
and the “Greyhound” was set on fire.
The rogue proved to be the “Happy Delivery,” commanded by Capt. George
Lowther and manned by a strange assortment of English sailors and
soldiers with a sprinkling of New England men. As soon as the men from
the “Greyhound” reached her deck they were given a mug of rum and
invited to join the pirate crew. This was habitually done at that time
by these outlaws and frequently a nimble sailor would be forced and
compelled to serve with the pirates against his will. The first mate
of the “Greyhound” was Charles Harris, born in London, England, then
about twenty-four years old and a man who understood navigation. He,
with four others, Christopher Atwell, Henry Smith, Joseph Willis and
David Lindsay, was forced and Captain Edwards and the rest of his crew,
with other captured men, were put on board another logwood vessel and
permitted to make the best of their way home. In a day or two, Harris,
beguiled by the adventurous spirit of the ship’s company, was persuaded
to sign the Articles of the “Happy Delivery,” when again asked to do
so by Captain Lowther. He proved to be so capable a man, when several
captures were made, that ten days later, when a Jamaican sloop was
taken, Lowther decided to retain her and give the command to Harris and
to this he readily acceded.
The mate of the “Happy Delivery” was Ned Low, a young Englishman who
had lived in Boston for a few years and not long before this time had
deserted from a logwood ship in the Bay and happening to meet Lowther
had joined him in a career of robbery and murder. Just before the
Jamaican sloop was taken, a Rhode Island sloop of about one hundred
tons was captured and as she was newly built was taken over by Lowther
and armed with eight carriage guns and ten swivels and the command
given to Low.
The career of Harris during the next fourteen months closely follows
that of Lowther and Low and may be traced in the narrative of their
adventures. He soon lost his sloop when it was abandoned at sea in the
gulf of Matique and May 28th, 1722, when Lowther and Low separated,
Harris cast his lot with Low and sailed north with him along the New
England coast to Nova Scotia and then across the Atlantic to the
Western Islands, where a large Portuguese pink was taken and retained
and the command of the schooner “Fancy”[154] given to Harris. These two
scoundrels cruised together for some time making several captures and
at length reached the Triangles off the South American coast, eastward
of Surinam, and here the pink was lost while being careened and both
crews went on board the schooner where Low again assumed command.
Before long a large Rhode Island-built sloop was captured which Low
took over and having had a falling out with Harris, the command of the
schooner “Fancy” was given to Francis Farrington Spriggs, who had been
serving as quartermaster.
Harris now drops out of sight for about five months. He may have been
wounded or sick at the time Spriggs was given his command, at any rate,
no mention of his name has been found until May 27, 1723, when he
appeared off the South Carolina coast in command of the sloop “Ranger,”
lately commanded by Spriggs. Captain Low was sailing in company with
him in the sloop “Fortune,” and together they took three ships. About
three weeks before, they had captured the ship “Amsterdam Merchant,”
from Jamaica but owned in New England. The master was John Welland of
Boston and after he had been on board the “Ranger” for some three hours
he was transferred to the “Fortune,” where Low vented his spite against
New Englanders by cutting the captain about the body with his cutlass
and slashing off his right ear. A month later, at the trial of Captain
Harris at Newport, R. I., this Captain Welland was the principal
witness against him. He deposed that he had been chased by two sloops
and that one of them came up with him and after hoisting a blue flag
had taken him. This was the “Ranger,” with Harris in command. He had
been ordered aboard the pirate sloop and had gone with four of his men.
The quartermaster had examined him and asked how much money he had on
board, and he had replied “About £150 in gold and silver.” This money
was taken away by the pirates. Meanwhile Captain Low in the “Fortune,”
came up and Welland was sent aboard to be interrogated where he was
greatly abused. The next day, after taking out a negro, some beef
and other stores, the “Amsterdam Merchant” was sunk. While the three
vessels were lying near each other, Captain Estwick of Piscataqua, N.
H., came in sight and soon fell into the clutches of Low and Harris.
His ship was plundered but not destroyed and in this vessel Captain
Welland and his men at last reached Portsmouth.
Off the Capes of the Delaware other minor captures were made by Low
and steering eastward along the Long Island shore early on the morning
of the 10th of June a large ship was sighted which soon changed its
course and the two pirate sloops at once followed in pursuit. What
then took place may best be told in the words of the newspaper account
written at the time.
“Rhode Island, June 14. On the 11th Instant arrived here His Majesty’s
Ship Grayhound, Capt. Peter Solgard Commander, from his Cruize at Sea
and brought in a Pirate Sloop of 8 Guns, Barmudas built, 42 White Men
and 6 Blacks, of which number eight were wounded in the Engagement and
four killed; the Sloop was commanded by one Harris, very well fitted,
and loaded with all sorts of Provisions: One of the wounded Pirates
died, on board of the Man of War, with an Oath on his Departure; thirty
lusty bold young Fellows, were brought on shore, and received by one of
the Town Companys under Arms guarding them to the Goal, and all are now
in Irons under a strong Guard. The Man of War had but two Men wounded,
who are in a brave way of Recovery.
“Here follows an Account (from on board of the Man of War) of the
Engagement between Capt. Solgard and the two Pirates Sloops: Capt.
Solgard being informed by a Vessel, that Low the Pirate, in a Sloop of
10 Guns & 70 Men, with his Consort of 8 Guns and 48 Men, had sailed off
the East End of Long-Island: The Capt. thereupon steered his Course
after them; and on the 10th Currant, half an hour past 4 in the Morning
we saw two Sloops N. 2 Leagues distance, the Wind W.N.W. At 5 we tack’d
and stood Southward, and clear’d the Ship, the Sloops giving us Chase,
at half an hour past 7 we tack’d to the Northward, with little Wind,
and stood down to them; at 8 a Clock they each fired a Gun, and hoisted
a Black Flag; at half an hour past 8 on the near approach of the Man
of War, they haul’d it down, (fearing a Tartar) and put up a Bloody
Flag, stemming with us distant 3 quarters of a Mile: We hoisted up
our Main-Sail and made easy Sail to the Windward, received their Fire
several times; but when a breast we gave them ours with round & grape
Shot, upon which the head Sloop edg’d Away, as did the other soon
after, and we with them. The Fire continued on both sides for about an
hour; but when they hall’d from us with the help of their Oars, we left
off Firing, and turned to Rowing with 86 Hands, and half an Hour past
Two in the Afternoon we came up with them; when they clapt on a Wind to
receive us; we again kept close to Windward, and ply’d them warmly with
small and grape shot; and during the Action we fell between them, and
having shot down one of their Main Sails we kept close to him, and at 4
a Clock he call’d for Quarters; at 5 having got the Prisoners on board,
we continued to Chase the other Sloop, when at 8 a Clock in the Evening
he bore from us N.W. by W. two Leagues, when we lost sight of him near
Block Island. One Desperado was for blowing up this Sloop rather than
surrendering, and being hindered, he went forward, and with his Pistol
shot out his own Brains.
“Capt. Solgard designing to make sure of one of the Pirate Sloops, if
not both, took this, seeming to be the Chief, but proved otherwise, and
if we had more Day-light the other of Low’s had also been taken, she
being very much batter’d; and ’tis tho’t he was slain, with his Cutlas
in his hand, encouraging his Men in the Engagement to Fight, and that a
great many more Men were kill’d and wounded in her, than the other we
took.
“The Two Pirate Sloops Commanded by the said Low and Harris intended
to have boarded the Man of War, but he plying them so successfully
they were discouraged, and endeavoured all they could to escape,
notwithstanding they had sworn Damnation to themselves, if they should
give over Fighting, tho’ the Ship should even prove to be a Man of War.
They also intended to have hoisted their Standard upon Block-Island,
but we suppose now, there will be a more sutable Standard hoisted for
those that are taken, according to their Desarts.
“On the 12th Currant Capt. Solgard was fitting out again to go in
the Quest of the said Low the other Pirate Sloop, (having the Master
of this with him, he knowing what Course they intended by Agreement
to Steer, in order to meet with a third Consort) which, we hope he’ll
overtake and bring in.”--_Boston News-Letter_, June 20, 1723.
The _New England Courant_ of Boston, Franklin’s paper, printed a
similar account of the fight and capture and also mentioned the fact
that Joseph Sweetser of Charlestown was one of the men taken and that
both he and Charles Harris, “who is the Master or Navigator,” had
previously been advertised in the public prints as forced men, with one
or two more of the company. A week later the _Courant_ published a list
of the names of the men, as follows:--
“An Account of the Names, Ages, and places of Birth of those
Men taken by his Majesty’s Ship Greyhound, in the Pirate Sloop
called the Ranger, and now confined in his Majesty’s Gaol in
Rhode-Island.
_Names_ _Ages_ _Places of Birth_
William Blades 28 Rhode Island
Thomas Powel, Gunner 21 Wethersfield, Conn.
John Wilson 23 New London County
Daniel Hyde 23 Eastern Shore of Virginia
Henry Barnes 22 Barbadoes
Stephen Mundon 29 London
Thomas Huggit 24 London
William Read 35 London-derry, Ireland
Peter Kewes 32 Exeter, England
Thomas Jones 17 Flint, Wales
James Brinkley 28 Suffolk, England
Joseph Sawrd 28 Westminster
John Brown 17 Leverpool
William Shutfield 40 Leicestershire, Engl.
Edward Eaton 38 Wreaxham, Wales
John Brown 29 County of Durham, Engl.
Edward Lawson 20 Isle of Man
Owen Rice 27 South Wales
John Tomkins 23 Glocestshire, Engl.
John Fitz-Gerald 21 County of Limerick, Irela.
Abraham Lacey 21 Devonshire, Engl.
Thomas Linisker 21 Lancashire, Engl.
Thomas Reeve 30 County of Rutland, Engl.
John Hinchard, Doctor 22 Near Edinburg, N. Brit.
Joseph Sweetser (forc’d) 24 Boston, New-England
Francis Layton 39 New-York
John Walters, Quar. Master 35 County of Devon
William Jones 28 London
Charles Church 21 Westminster
Tom Umper, an Indian 21 Marthas Vineyard
In all 30
--_New England Courant_, June 24, 1723.
The following seven were held on board the “Grayhound” by Captain
Solgard, who hoped through them to take Low. They were brought back to
Newport and gaoled on July 11th. One of the pirates died in gaol on
July 15th.
Charles Harris, Captain 25 London
Thomas Hazell 50 ----
John Bright 25 ----
Joseph Libbey 21 Marblehead
Patrick Cunningham 25 ----
John Fletcher 17 ----
Thomas Child 15 ----
When the news of this great capture of pirates reached the seaport
towns along the New England shore there was much rejoicing. Nothing
like it had ever happened in the history of the Colonies and to be
accused of piracy at that time, with any show of evidence, was very
nearly equivalent to being found guilty, so a great gathering of people
was assured for the hanging soon to follow.
Three weeks later the Honorable William Dummer, Esq.,
Lieutenant-Governor and Commander in Chief of His Majesty’s Province
of the Massachusetts Bay in New England, together with divers members
of His Majesty’s Council and other gentlemen from that Province
came riding into the town of Newport, and with Governor Cranston of
Rhode Island and other judges duly commissioned by Act of Parliament
proceeded to open a Court of Admiralty for the trial of the pirates.
The trial was held in the town house on Wednesday morning, July 10,
1723. The Court was authorized by Act of Parliament made 11 and 12
William III; made perpetual by Act of 6 George I. The Court organized,
and then adjourned until eight oclock in the morning of the next
day--when Charles Harris and twenty-seven others were brought to the
bar and arraigned for acts of felony, piracy and robbery.
[Illustration: WILLIAM DUMMER, LIEUTENANT-GOVERNOR OF MASSACHUSETTS,
WHO PRESIDED AT THE TRIAL OF CAPT. CHARLES HARRIS FOR PIRACY
From the portrait by Robert Feke in possession of the Trustees of
Dummer Academy]
The facts connected with the taking of the ship “Amsterdam Merchant,”
with the presence in court of the master and some of his men, were
in themselves sufficient to hang the accused. Captain Solgard of the
man-of-war, who had fought with the accused pirates and captured them,
also testified as did his lieutenant and surgeon. The presence of these
men in court together with the reputed facts of the chase and capture
decided the case in the minds of the people before the evidences were
offered or the verdict rendered. John Valentine, the Advocate General
for the King, presented the articles which accused the prisoners of
piratically surprising and seizing the ship “Amsterdam Merchant,” and
carrying away beef, gold and silver and a negro slave named Dick;
cutting off Captain Welland’s right ear and afterwards sinking the ship
valued at one thousand pounds. They were also accused of piratically
attacking His Majesty’s ship, the “Grey Hound,” and wounding seven of
his men.
The prisoners were not represented by counsel, but they all pleaded
“not guilty,” and fourteen of them were ordered tried at that very
session, so the Advocate General addressed the Court as follows:--
“May it please your honor, and the rest of the honorable judges, of this
court.
“The prisoners at the bar stand articled against and are prosecuted
for, several felonious piracies and robberies by them committed upon
the high sea. To which they severally pleaded not guilty.
“The crime of piracy is a robbery (for piracy is a sea term for
robbery) committed within the jurisdiction of the admiralty.
“And a pirate is described to be one who to enrich himself either by
surprise or open force, sets upon merchants and others trading by sea,
to spoil them of their goods and treasure, often times by sinking their
vessels, as the case will come out before you.
“This sort of criminals are engaged in a perpetual war with every
individual, with every state, christian or infidel; they have no
country, but by the nature of their guilt, separate themselves,
renouncing the benefit of all lawful society, to commit these heinous
crimes. The Romans therefore justly styled them, _Hostes humoni
generis_ enemies of mankind, and indeed they are enemies and armed,
against themselves, a kind of _felons de se_--importing something more
than a natural death.
“These unhappy men satiated with the number and notoriety of their
crimes, had filled up the measure of their guilt, when by the
Providence of Almighty God, and through the valor and conduct of
Captain Solgard, they were delivered up to the sword of justice.
“The Roman Emperors in their edicts made this piece of service so
eminent for the public good, as meritorious as any act of piety, or
religious worship whatsoever.
“And ’twill be said for the honor and reputation of this colony (though
of late scandalously reproached, to have favored or combined with
pirates), and be evinced by the process and event of this affair, that
such flagitious persons find as little countenance, and as much justice
at Rhode Island, as in any other part of his Majestie’s dominions.
“But your time is more precious than my words, I will not misspend it
in attempting to set forth the aggravations of this complex crime, big
with every enormity, nor in declaring the mischiefs and evil tendencies
of it; for you better know these things before I mention them; and I
consider to whom I speak, and that the judgment is your honors.
“I shall therefore call the King’s evidences to prove the several
facts, as so many distinct acts of piracy charged on Prisoners, not by
light circumstances and presumptions, not by strained and unfounded
conjectures, but by clear and postive evidence: and then I doubt not,
since for ’tis the interest of mankind, that these crimes should be
punished; your honors will do justice to the prisoners, this colony,
and the rest of the world in pronouncing them guilty, and in passing
sentence upon them according to law.”
Capt. John Welland then testified as to the facts attending the capture
of his ship. He also said that Henry Barnes, one of the prisoners at
the bar, was forced out of his ship at the time it was taken and was
“very low and weak” and when on board Captain Estwick’s vessel (in
which they had at last reached Portsmouth) Barnes had tried to get away
and hid himself. But the pirates threatened to burn the ship unless he
was given up so Barnes was compelled to go on board the pirate sloop.
Barnes had cried and “took on very much” and asked the mate of the
“Amsterdam Merchant” to notify his three sisters living in Barbadoes
that he was a forced man and also very sick and weak at the time. The
mate and the ship’s carpenter confirmed the captain’s testimony that
all the pirates were “harnessed, that is, armed with guns, etc.”
Capt. Peter Solgard, Lieut. Edward Smith, and Archibald Fisher,
“Chirsurgeon” of the “Grey-Hound Man of War,” testified to the
well-known facts of the engagement with the pirates and William Marsh,
a mariner, made oath that he had been taken by Low’s company in the
West Indies the previous January and that “he saw on board the schooner
at that time Francis Laughton and William ------------ and on board
the sloop, Charles Harris, Edward Lawson, Daniel Hyde, and John Fitz
Gerald, all prisoners at the Bar, and that Gerald asked him whether he
would seek his fortune with him.”
This concluded the testimony and the prisoners were then severally
asked if they had anything to say in their own defence. Without
exception each man said that he had been forced on board of Low and did
nothing voluntarily.
The Advocate General then summed up the case, as follows:--
“Your Honors, I doubt not have observed the weakness, and
vanity of the defence which has been made by the prisoners
at the Bar, and that the articles (containing indisputable
flagrant acts of piracy) are supported against each of them:
Their impudences and unfortunate mistake, in attacking his
majesty’s ship, tho’ to us fortunate, and of great service
to the neighboring governments: Their malicious and cruel
assault upon Capt. Welland, not only in the spoiling of his
goods, but what is much more, the cutting off his right ear,
a crime of that nature and barbarity which can never be
repaired: Their plea of constraint, or force, (in the mouth of
every Pirate) can be of no avail to them, for if that could
justify or excuse! No pirate would ever be convicted; nor even
any profligate person in his own account offend against the
moral law; if it were asked, it would be hard to answer; who
offer’d the violence? It’s apparent they forced, or persuaded
one another, or rather the compulsion proceeded of their own
corrupt and avaricious inclinations: but if there was the
least semblance of truth; in the plea; it might come out in
proof, that the prisoners or some of them did manifest their
uneasiness and sorrow, to some of the persons whom they had
surprised and robb’d; but the contrary of that is plain from
Mr. Marsh’s evidence, that the prisoners were so far from
a dislike, or regretting their number by inviting him to
join with them, and seemed resolved to live and die by their
calling, or for it, as their fate is like to be. And now seeing
that the facts are as evident as proof by testimony can make
’em, I doubt not your honors will declare the prisoners to be
guilty.”
The prisoners were than taken from the bar, the court room was cleared
and the judges considered the evidence and voted that all were guilty
except John Wilson and Henry Barns. The Court then adjourned for dinner
and at two o’clock met and opened by proclamation. The prisoners were
brought in and those found guilty were sentenced by Lieut.-Governor
Dummer to be hanged by the neck until dead. Thirteen more “of that
miserable crew of men,” as they were characterised by the Advocate
General, were then brought to the bar for trial, and Captain Welland
named six of whom he recognized as having been on the “Ranger” and
all had been harnessed, except Thomas Jones, the boy. John Mudd, the
carpenter, said that he well remembered Joseph Sound because “said
Sound took his buttons out of his sleeves.”
“Benjamin Weekham of Newport mariner, deposed, that on the tenth of
March last he was in the bay of Honduras on board of a sloop, Jeremiah
Clark Master, Low and Lowders companies being pirates, took the
aforesaid sloop, and that this deponent then having the small pox was
by John Waters one of the prisoners at the Bar carried on board another
vessel; and that he begg’d of some of the company two shirts to shirt
himself, the said Waters said damn him, he would beg the vessel too,
but at other times he was very civil; and the deponent further saith,
he saw William Blades now prisoner at the Bar amongst them.
“William Marsh deposed, that he was taken in manner as aforesaid, and
that John Brown the tallest was on board the schooner, and the said
Brown told him he had rather be in a tight vessel than a leaky one, and
that he was not forced.
“Henry Barns mariner, deposed, that he being on board the Sloop Ranger
during her engagement with the Grey-Hound Man of War, saw all the
prisoners at the Bar on board the said sloop Ranger, and that he saw
John Brown the shortest in arms, that Thomas Mumford Indian, was only
as a servant on board.
“The prisoners at the bar were then asked if they had anything to say
in their own defence.
“William Blades said he was forced on board of Low about eleven months
ago, and never signed to their articles, and that he had when taken
about ten or twelve pounds, and that he never shared with them, but
only took what they gave him.
“Thomas Hugget said he was one of Capt. Mercy’s men on the coast of
Guinea, and in the West Indies was put on board Low, but never shared
with them, and they gave him twenty-one pounds.
“Peter Cues said, that on the twenty-third or twenty-fourth of January
last he belonged to one Layal in a sloop of Antigua, and was then taken
by Low and detained ever since, but never shared with them, and had
about ten or twelve pounds when taken, which they gave him.
“Thomas Jones said, he is a lad of about seventeen years of age, and
was by Low and company taken out of Capt. Edwards at Newfoundland, and
kept by Low ever since.
“William Jones said, he was taken out of Capt. Ester at the Bay of
Honduras the beginning of April last by Low and Lowther, and that he
has been forced by Low to be with him ever since; that he never shared
with them, nor signed the articles till compelled three weeks after he
was taken, and the said Jones owned he had eleven pounds of the quarter
master at one time, and eight pounds at another.
“Edward Eaton said, that he was taken by Low in the Bay of Honduras,
about the beginning of March, and kept with him by force ever since.
“John Brown the tallest said, that on the ninth of October last he was
taken out of the Liverpool merchant at the Cape De Verde by Capt. Low
who beat him black and blue to make him sign the articles, and from the
Cape de Verde they cruized upon the coast of Brazil about eleven weeks,
and from thence to the West Indies, and he was on board of the Ranger
at the taking of Welland.
“James Sprinkly said, he was forced out of a ship at the Cape de Verde
by Low in October last, and by him compelled to sign the articles, but
never shared with them.
“John Brown the shortest said, he was about seventeen years old, and in
October last at the Cape de Verdes was taken out of a ship by Low, and
kept there ever since, and that the quarter-master gave him about forty
shillings, and the people aboard about three pounds.
“Joseph Sound said, he was taken from Providence, about three months
ago, by Low and company and detained by force ever since.
“Charles Church said, he was taken out of the Sycamore Galley at the
Cape de Verdes, Capt. Scot commander, about seven or eight months ago,
by Capt. Low, never shared, but the quarter-master gave him about
fourteen pounds.
“John Waters said, he was taken by Low on the twenty-ninth of June
last, out of --------, and they compelled him to take charge of a
watch, and that he had thirteen pistols when taken, which was given
him, and that he said in the time of the engagement with his Majesties
ship they had better strike, for they would have better quarter.
“Thomas Mumford Indian said, he was a servant a fishing the last year,
and was taken out of a fishing sloop with five other Indians off of
Nantucket by Low and Company, and that they hanged two of the Indians
at Cape Sables, and that he was kept by Low ever since, and had about
six bitts when taken.”
These excuses availed nothing except for Thomas Jones, the boy, and
Thomas Mumford, the Indian. The rest were found guilty and duly
sentenced.
The next morning John Kencate, the doctor on board the “Ranger,”
was brought to trial. The Advocate General stated that although the
prisoner “used no arms, was not harness’d (as they term it) but was a
forc’d man; yet if he received part of their plunder, was not under
a constant durance, did at any time approve, or join’d in their
villanies, his guilt is at least equal to the rest; the Doctor being
ador’d among ’em as the pirates God for in him they chiefly confide
for their cure and life, and in this trust and dependence it is, that
they enterprise these horrid depredations not to be heightened by
aggravation, or lessened by any excuse.”
“Capt. John Welland deposed, and that he saw the Doctor aboard the
Ranger; he seem’d not to rejoice when he was taken but solitary, and he
was inform’d on board he was a forc’d men; and that he never signed the
articles as he heard of, and was now on board the deponants ship.
“John Ackin Mate and John Mudd Carpenter, swore they saw the prisoner
at the Bar walking forwards and backwards disconsolately on board the
Ranger.
“Archibald Fisher Physician and Chirurgion on board the said Greyhound
Man-of-War deposed, that when the prisoner at the Bar was taken and
brought aboard the King’s ship he searched his medicaments, and the
instruments, and found but very few medicaments, and the instruments
very mean and bad.”
Others testified that the doctor was forced on board, by Low, and
that he never signed articles so far as they knew or heard, but used
to spend much of his time in reading, and was very courteous to the
prisoners taken by Low and his company, and that he never shared with
them.
The doctor himself said that he was chirurgion of the Sycamore-Galley,
Andrew Scot, master, and was taken out of that ship in September last
at Bonavista, one of the Cape de Verde Islands, by Low and Company, who
detained him ever since, and that he never shared with them, nor signed
their articles.
The Court then cleared the doctor and proceeded with the trial of
Thomas Pownall, Joseph Sweetser and Joseph Libbey. The name of the
latter is not found in the first published lists of the pirates gaoled
at Newport for the reason that he was one of those detained by Captain
Harris in hopes of capturing Low who had deliberately deserted them,
when jointly they probably could have taken the man of war. Libbey’s
name appears in the published lists of those condemned and executed, as
having been born in Marblehead.
At the trial of these men Doctor Kencate testified that “he well knew
Thomas Powell, Joseph Sweetser and John Libbey, and that Thomas Powell
acted as gunner on board the Ranger, and that he went on board several
vessels taken by Low and company, and plundered, and that Joseph Libbey
was an active man on board the Ranger, and used to go on board vessels
they took and plundered and that he see him fire several times, and
the deponent further deposed that Joseph Sweetser now prisoner at the
bar, was on board the pirate Low, and that he has seen him armed, but
never see him use them, and that the said Sweetser used to often get
alone by himself from amongst the rest of the crew, he was melancholly,
and refused to go on board any vessel by them taken, and got out of
their way. And the deponent further saith, that on that day, as they
engaged the man-of-war, Low proposed to attack the man-of-war, first
by firing his great guns then a volley of small arms, heave in their
powder flasks and board her in his sloop, and the Ranger to board over
the Fortune, and that no one on board the Ranger disagreed to it as he
knows of, for most approved of it by words and the others were silent.
“Thomas Jones deposed that Thomas Powell acted as gunner on board the
Ranger, and Joseph Libbey was a stirring, active man among them, and
used to go aboard vessels to plunder, and that Joseph Sweetser was
very dull aboard, and at Cape Antonio he cried to Dunwell to let him
go ashore, who refused, and asked him to drink a dram, but Sweetser
went down into the hold and cried a good part of the day, and that Low
refused to let him go, but brought him and tied him to the mast and
threatened to whip him; and he saw him armed but never saw him use his
arms as he knows of: and that Sweetser was sick when they engaged the
man-of-war, tho’ he assisted in rowing the vessel.
“John Wilson deposed that Thomas Powell was gunner of the Ranger;
and the Sabbath day before they were taken, the said Powell told the
deponent he wished he was ashore at Long Island, and they went to the
head of the mast and Powell said to him I wish you and I were both
ashore here stark naked.
“Thomas Mumford, Indian (not speaking good English), Abissai Folger
was sworn interpereter, deposed that Thomas Powell, Joseph Libbey and
Joseph Sweetser were all on board of Low the pirate, that he saw Powell
have a gun when they took the vessels, but never saw him fire, he saw
him go on board of a vessel once, but brought nothing from her as he
saw, he see him once [shoot] a negro but never a white man. And he saw
Joseph Libbey once go aboard a vessel by them taken and brought away
from her one pair of stockings. And that Joseph Swetser cooked it on
board with him sometime, and sometimes they made him hand the sails;
once he saw said Swetser clean a gun, but not fire it, and Swetser
once told him that he wanted to get ashore from among them, and said
he if the Man-of-War should take them they would hang him, and in the
engagement of the Man-of-War, Swetser sat unarmed in the range of the
sloop’s mast, and some little time before the said engagement he asked
Low to let him have his liberty and go ashore, but was refused.”
There was other testimony to much the same effect. Powell said he was
taken by Lowther in the Bay of Honduras in the winter of 1721-2 and by
him turned over to Low. Libbey said he was a forced man and produced a
newspaper advertisement in proof. Sweetser said he was taken by Lowther
about a year before and forced on board of Low. He, too, produced an
advertisement to prove that he had been forced. Powell and Libbey were
found guilty and Sweetser was cleared. Hazel, Bright, Fletcher, and
Child and Cunningham who had been detained on board the “Greyhound”
in the later pursuit of Low, were then placed on trial. By numerous
witnesses it was shown that all had been active on board the “Ranger”
at the time of the fight but that Fletcher was only a boy and that
Child had come on board from the “Fortune,” only three or four days
before the fight. Captain Welland spoke a good word for Cunningham
and said that he had got him water and brought the doctor at the time
he was laying bleeding below hatches for nearly three hours with a
sentinel over him. John Bright was the drummer and “beat upon his drum
upon the round house in the engagement.”
Thomas Hazel said he had been forced by Low about twelve months before
in the Bay of Honduras. Bright said that he was a servant to one Hester
in the Bay and had been taken by Low about four months before and
forced away to be his drummer.
Cunningham said he had been forced about a year before from a fishing
schooner and that he had tried to get away at Newfoundland but without
success. Fletcher, the boy, said he had been forced by Low from on
board the “Sycamore Galley,” Scot, master, at Bona Vista, because he
could play a violin. There is no record of what Child had to say for
himself. Fletcher and Child were found not guilty; the others were
sentenced to be hanged. Cunningham and John Brown “the shortest,” were
recommended “unto His Majesty, for Remission.”
While the pirates were in prison and especially in the interval between
their condemnation and execution they were visited frequently by the
ministers who afterwards stated in print that “while they were in
Prison, most seemed willing to be advised about the affairs of their
souls.”[155] John Brown prepared in writing a “warning” to young people
in which he declared “it was with the greatest Reluctancy and Horror
of Mind and Conscience, I was compelled to go with them ... and I
can say my Heart and Mind never joined in those horrid Robberies,
Conflagarations and Cruelties committed.” On the day before they
were executed letters were written by many of them to relatives and
Fitz-Gerald composed a poem which afterwards was printed. The following
verses illustrate his poetical style:
“To mortal Men that daily live in Wickedness and Sin;
This dying Counsel I do give, hoping you will begin
To serve the Lord in Time of Youth his Precepts for to keep;
To serve him so in Spirit and Truth, that you may mercy reap.
* * * * *
In Youthful blooming Years was I, when I that Practice took;
Of perpetrating Piracy, for filthy gain did look.
To Wickedness we all were bent, our Lusts for to fulfil;
To rob at Sea was our Intent, and perpetrate all Ill.
* * * * *
I pray the Lord preserve you all and keep you from this End;
O let Fitz-Gerald’s great downfall unto your welfare tend.
I to the Lord my Soul bequeath, accept thereof I pray,
My Body to the Earth bequeath, dear Friend, adieu for aye.”
The gallows were set up between high-and-low water mark on a point of
land projecting into the harbor, then and now known as Gravelly Point.
At that time there was no street or way that gave direct or convenient
access and the crowds that gathered to witness the execution went
around by what afterwards was known as Walnut Street by the almshouse,
or filled the boats and small vessels that lined the shore. Most of the
condemned had something to say when on the gallows usually advising
all people, especially young persons, to beware of the sins that had
brought them to such an unhappy state. The execution took place on
July 19, 1723, between twelve and one o’clock, and twenty-six men were
“hanged by the neck until dead” in accordance with the sentence of the
Court.
“Mr. Bass went to Prayer with them; and some little time after, the
Rev. Mr. Clap concluded with a short Exhortation to them. Their Black
Flag, with the Pourtrature of Death having an Hour-Glass in one Hand,
and a Dart in the other, at the end of which was the Form of a Heart
with three Drops of Blood, falling from it, was affix’d at one Corner
of the Gallows. This Flag they call’d Old Roger, and often us’d to say
they would live and die under it.”[156]
“Never was there a more doleful sight in all this land, then while they
were standing on the stage, waiting for the stopping of their Breath
and the Flying of their Souls into the Eternal World. And oh! how awful
the Noise of their dying moans!”[157]
The bodies were not gibbetted but taken to Goat or Fort Island and
buried on the shore between high and low water mark.
After the execution had taken place, Captain Solgard set sail in the
“Greyhound” for his station at New York, taking with him the pirate
sloop.[158] His exploit was looked upon as a great service rendered to
the country and the merchants of New York were anxious that some public
acknowledgment be made, and so it came about that the Common Council of
the City, at a meeting held July 25, 1723, passed an order presenting
to Captain Solgard the Freedom of the City and providing that the seal
of the Freedom be enclosed in a gold box, the Arms of the Corporation
to be engraved on one side and a representation of the engagement on
the other, with this motto: _Quaesitos Humani Generis Hostes Debellare
Superbum 10 Junii 1723_. The clerk was instructed to have the
Freedom handsomely engrossed on parchment and when ready the Council
voted to wait upon Captain Solgard in a body and present the same.
[Illustration: “VIEW OF NEWPORT, R. I., IN 1730,” SHOWING AT THE LEFT,
GRAVELLY POINT, ON WHICH THE PIRATES WERE HANGED IN 1723
The original painting really represents the town at a somewhat later
date. Reproduced from a lithograph copy made in 1864, now in the George
L. Shepley Library, Providence, R. I.]
But the “Greyhound,” in March of the previous year, had an encounter
with Spaniards, in which her officers came off less happily. Captain
Waldron, then in command, was trading on the coast of Cuba and “invited
some of the Merchants to Dinner, who with their Attendants and Friends
came on Board to the Number of 16 or 18 in all; and having concerted
Measures, about six or eight dined in the Cabin, and the rest waited
on the Deck. While the Captain and his Guests were at Dinner, the
Boatswain Piped for the Ship’s Company to dine. Accordingly the Men
took their Platters, received their Provisions, and went down between
Decks, leaving only 4 or 5 Hands besides the Spaniards, above; who
were immediately dispatched by them, and the Hatches laid on the rest.
Those in the Cabin were as ready as their Companions, for they pull’d
out their Pistols and shot the Captain, Surgeon and another (Jacob
Lopez, a merchant) dead, and grievously wounded the Lieutenant; but he
getting out of the Window upon a Side-ladder, thereby saved his Life,
and so they made themselves Masters of the Ship in an Instant. But by
accidental good Fortune, she was recovered before she was carry’d off;
for Capt. Waldron having mann’d a Sloop with 30 Hands of his Ship’s
Company, had sent her to Windward some days before, also for Trade,
which the Spaniards knew very well; and just as the Action was over
they saw this Sloop coming down, before the Wind, towards their Ship;
upon which the Spaniards took about 10000£. in Specie, quitted the
Ship, and went off in their Launch unmolested.”[159] The Greyhound
eventually made her way to her station at New York under command of the
lieutenant, where she was joined on Oct. 19th by her new commander,
Capt. Peter Solgard, Doctor Fisher, and twenty sailors.
FOOTNOTES
[154] Formerly the “Mary,” 80 tons, owned by Joseph Dolliber of
Marblehead and captured at Port Roseway, Nova Scotia.
[155] _An account of the Pirates, with divers of their Speeches_, etc.,
Boston, 1723.
[156] _New England Courant_, July 22, 1723 (_postscript_).
[157] _An account of the Pirates, with divers of their Speeches_, etc.,
Boston, 1723.
[158] A great storm occurred on July 29, 1723, during which the pirate
sloop, then at anchor at New York, was forced to cut down her mast and
afterwards was driven out to sea and lost. _New England Courant_, Aug.
12, 1723 (_postscript_).
[159] Johnson, _History of the Pirates_, London, 1726.