Trial of Dr. John Howell, 18-29 Dec 1721, p.2

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Trial of Dr, John Howell, 18-29 Dec 1721, p.2

Trials – Dr. John Howell, 18-29 Dec 1721

William Pindar being again Sworn at the Request of Mr. Howell, and demanded if He never heard of Mr. Howell endeavouring to go in a Sloop bound for Virginia at the Time sd Howell went as aforesd wch Hornigolds Crew the second Time.

Wm Pindar answerd, That He did hear of Mr. Howells design to go in sd Sloop -- Perrin Comr., And He has the more Reason to believe it, because Mr. Howell had the general Character of being a Civil Person, and demeand himself well at sd Pindars House, and had a good Character amongst the People.

Neal Walker Son of the present Ch Justice being sworn, deposd, That He has known Mr. Howell about three Years, and never heard a bad Character of Him, Also that He heard Mr. Howell was forct on board to serve Hornigold and Crew.

And further sayth that He was on board Hornigold Sloop at Harbour Island when Mr. Howell was carryed a second Time, tho knows not whether He was forct or not, yet plainly saw that Mr. Howell was guarded by nine Men armd, and had no Opportunity given Him to get ashore.

Peter Courant one of his Majestys Council being sworn, sayth He has known Mr. Howell upwards of three Years, and always heard a good Character of Him amongst the Inhabitants, And has heard Mr. Howell express a Resolution never to go with any Pirate before his being carried the Second Time, the sd Howell having a general Dislike to the pyratical Manner of Living.

Richard Thompson Senr Esqr also one of the Council being sworn declard, That He liv'd at Harbour Island when Hornigold & Crew was There, And at a certain Time heard sd Hornigold command Howell to go on board, Howell answering said He would go and mix some Medicines for Him, Then sd Hornigold replyd Get you on board You dog or I will mix your Soul, Also observ'd that sd Howell made several Attempts to escape from Hornigold, & tide? to One of his Daughters desiring Her to assist Him; But she and all of the Inhabitants were afraid to barbour or shelter Him lest sd Hornigold should buen or destroy their Houses, or to some other Violences, the whole Place being in such Fear of Hornigold that no Inhabitant durst not speak against or contradict and Order of sd Hornigold, And verily believes that Mr. Howell was compelld and forct to go wth Hornigold & Crew, having a good Character, and since his being dischargd from sd Crew living amongst the Inhabitants in a quiet & peacable Manner so as to be well spoken of by all.

William Fairfax also of Council being Sworn, depos'd that arriving here with Govr Rogers, soon after Landing became acquainted with Mr. Howell from the general good Character He had from the Inhabitants, and frequently meeting with sd Howell on board of his Majesty's Ships Milford, Rose, & Sloop Shark whose Comanders, Capt. Chamberlen, Whitney & Pomeroy sd Fairfax perceivd to receive and entertain sd Howell on board as a Gentleman whom they approved of, In a little Time afterwards Mr. Briett Surgeon of the Kings Garrison dying, Mr. Howell was recomended to Govr. Rogers as the fittest Person to Succeed Mr. Briett, Accordingly Govr. Rogers gave Mr. Howell a Comission to be Surgeon of the Garrison and swore Him before the Council, at what Time none of the Board objected any Thing why He was not qualified to Serve his Majesty. Mr. Howell has been since comission'd by his Majesty to be Lieutt. in the Independant Company, The sd Fairfax has continued in the Opinion from his first Acquaintance with Mr. Howell, that by the frequent Conversation He has had That the sd Howell never went voluntarily with any Pirate, often expressing an Abhorrence of their Practives, and believes him to be well affected to the King and Government.

Thomas Spencer Inhabitant being sworn, sayth, that He has known Mr. Howell upwards of four Years, and always heard a good Character of Him, and by Report that Mr. Howell had been forct to go with certain Pirates.

And knows of no Share He ever heard Mr. Howell to have receiv'd, but that He liv'd with good Repute on this Island after He was dischargd, and had leave to live heree.

William Spatchers Senr. one of Council also being sworn, declard that He has known Mr. Howell upwards of four years, and to the best of his Remembrance has heard Captn. Hornigold say in his Company when in Discourse about the Ability of Surgeons that Mr. Howell who was the sd Hornigolds Surgeon was a pretty Surgeon, nut was a forct Man, and never heard otherwise from any other Person, or that the sd Howell receivd any Dividend from any Pirate whatsoever.

And that sd Howell has had a good Character from every Inhabitant, and believes from the Knowledge He has had since of Mr. Howell, that He must have been forct to serve any Pirate, and would not have gone of his own Accord.

Also believes that if Messrs Gohier & Walker had not taken Quarrel wth Mr. Howell when He was One of his Majts. Council & assented with the Dty. Governor & rest of the Council to suspend Mr. Walker from being Ch. Justice for Reasons mention'd in the Council Book, and deeming sd Gohier & Walker otherwise than Friends to the Welfare of the Government, Mr. Howell would not after three Years serving his Majesty in publick Capacity been now accused of Pyracy by Mr. Gohier or Mr. Walker if the Matter aforesd. done in Council did not prompt the accusers to do it.

Thomas Barnett being Sworn declar'd, that He knew Mr. Howard when lodging at William Pindar his son in Laws House, and how that Mr. Howell by the general Report of the People in the Island was forcibly carried the second Time by Hornigolds Crew.

And that Since the sd Howell living on this Island He never heard any one speak unhandsomly of Mr. Howell and for his own part had such good Opinion of Him, that He has always employd Mr. Howell as Surgeon to visitt his Family being large, ever finding Him ready to do that Duty, and Successfull in the Performance, and courteous in Behaviour.

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At a Council held on Fryday 29 December 1721 at the Court House.

Present.

His Excelly. the Governor

James Gohier - Richd. Thompson

Willm. Fairfax - Willm. Spatchers

Thos. Walker - Petr. Courant > Esqrs.

P. G. B. Skynner - Josh. Cookes

Thos. Wood

Upon reading the Depositions concerning Mr. Howell, and the Question being put.

It was the Opinion of the Board (Messr. Gohier & Walker who desired to be silent) that there was no Cause appeard to Them in the sd Depositions for which Mr. Howell ought to be sent to England.

The Question being put whether the sd Depositions ought to be sent Home.

It was carried by a Majority of Votes they should be sent.

Order'd accordingly.

A True Copy examin'd in Council Jany ye 11th 1721 [1722]

G. Phenney

W. Fairfax

P.G.P. Skynner

William Spatchers

Joseph Cookes

Tho: Wood

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