Ten Persons Tried at Nassau - 9-10 Dec 1718 p3

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Ten Persons Tried for Piracy at Nassau—9-10 Dec 1718, part 3

Trials – Ten Persons Tried for Piracy at Nassau-9-10 Dec 1718

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Thomas Terril Inhabitant being Sworn, gave the Prisoner the Caracter ?? an honest man, that was recommended to him by Thos. Bowling Master of the Hog??? belonging to the Said Thomas Terril, who during a late Voyage performed to Cuba two months agoe, there was a Mutiney Suspected by the Said Thos. Bowling, of who ?? Said Bowling declar'd that John Hipps Prisoner was not only innosent, but believes a Suppressor of the same Mutincy, and further declares that Thomas Bowling ??? acknowledged the Safety of the Vessel to be much owing to John Hipps Prisoner at the Bar.

Benja. Hutchins being Sworn for the Prisoner and examin'd declared that the Prisoner after having been mal-treated & seduced by Bunce & his Accomplices often complained to him the Depont., that he would desert them the first opportunity & Skew'd his Intention by many Tears shed as tokens of Sorrow ?? his late misfortune.

John Taylor being Examined upon Oath, declared that the Prisoner was Confin'd as a person not trusted by Bunce the Pirate & his Pyraticall Company.

John Jansen being Examin'd upon Oath, had nothing to declare for or again the Prisoner worth Notice.

Thomas Petty being sworn for the Prisoner declared that Bunce threatened ?? Prisoner that if he would not consent to be of his Pyraticall Company he??? be frequently beat, & also put on the first Maroon key where he might no??? Provision, water or any other Sustenance, which the Depont. thinks Comp?? the prisoner to proceed with Bunce for his farther Safety.

David Meredith being also Examin'd upon Oath, declared that when Phineas Bunce first made Seizure of the Vessel, He particularly Spoke to Hipps the Prisoner, that if he would not take up in their way, He the Said Bunce ??? maroon him upon some Desolate key or Island, & the more to compell him gave him Several blows with his Catlass, & thinks the Prisoner was forc'd ?? joyne with Bunce $ca.

Dennis McKarthy - Dennis McKarthy Prisoner being next call'd & desiring that Mr. Ker, Capt. Greenway, John Taylor, Thos. Rich, & Thos. Petty might be admitted to give Evidence for him.

Mr. Ker being Examin'd upon Oath declared that Dennis McKarthy Prisoner, was as Active as any other of the Prisoners in there Pyraticall ??ll'd & has nothing more to spake in his favour, than that the Prisoner treated and all others that were of the Deponts. Company with a better distinct?? Civility than any others of the Pyraticall Crew did.

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Captain Greenway being Sworn for the Prisoner declares that when Bunce neat the sd. Depont. the Prisoner said that he would See who ought to be strickers amongst them for the future.

John Taylor being Examin'd upon Oath declares that the Prisoner should say that he would leave Bunce & his Accomplices.

Thos. Rich being Sword declares that he heard the Prisoner say, that since he had begun, He thought himselfe oblig'd to go with them, meaning Bunce & his pyraticall Company.

Thos. Petty being also Sworn declares that after McKarthy had been an Accomplice of Bunce's pyracy, he heard the Prisoner say he was sorry for his unadvisedness which might bring great troubles on his poor Wife having a small child.

Prisoner being next call'd, desired Richd. Turnley to be Evidence for him, who being Sworn declares that Geo. Rounsivel after having consented to be of Bunces Pyraticall Company, shew'd some tokens of Sorrow, but withall said that as he had begun could not without danger of life desert the Pyrates He had combined with.

Prisoner being next call'd had very little to say for himselfe otherwise than that one David Meredith had heard him Say; He wisht to be at John Cullimer's house to drink a bottle of Beer, which David Meredith being Sworn as Evidence for the Prisoner only confirm'd.

Prisoner being next call'd had very little else to say then that he had the feavour & agoe when he was first commanded by Bunce to jotne them, & desiring Thos. Rich as Evidence who being Sworn declares that the Prisoner as much as he took notice of him appeared as Active as the most capable, & could not say that the Prisoner ever relented.

Prisoner being next call'd and desiring Richd. Turnley for Evidence who being sworn declares that the Prisoner was desired to make his Escape, but was resolved to continue with them meaning the Pyrates.

Prisoner being next call'd, and having nothing to say farther than desireing Richd. Turnley for his Evidence, who being Sworn declared that the Prisoners bore arms, and was as resolute as any of the Prisoners.

Then the Court Adjourn'd till 10 a Clock next morning, being the 10th Instant

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December the 10th, 1718

The Court having met according to the Adjournment and Proclamation made, The Prisoners were again brought to the bar, and severally ask'd if they had consider'd of any further Evidence, or defence they could propose.

1st. John Augur had no more to offer in his justification than before.

2d. Willm. Cunningham the same as before

3d. John Hipps haveing the same Liberty said that Geo. Redding, & Henry White to be absent, they could if present both declare many things in his Favour.

Then the Court propos'd to every Person that were Auditors of the Tryall, ??? they might have leave to declare upon Oath any thing; they might have heard Redding, or Henry White say, in behalf of John Hipps prisoner, On which Saml. Lawford Constable appeared & being Sworn declared that he heard ?? Redding say, that he should have been glad to have done the old Boatswain ?? service meaning Hipps the Prisoner at the Bar, for he the Said Redding had ?? him cry for his having consented by force to joyn Bunce &ca, the Prisoner having also declared to Redding that he would fight each of the Pyrates, Since having also declared to Redding that he would fight each of the Pyrates, Since ?? if He could by that means get clear of them, this Depont. farther Said that R?? told him he firmly beleived the Prisoner at the Bar would have Escaped from ?? other Pyrates as soon as he could have gott an opportunity.

4th. Dennis McKarthy Prisoner made some feint excuses & at length desired (?? Benja. Hornigold, as farther Evidence for him who being Sworn declared t??? when he the Said Hornigold went to apprehend the Prisoners which were one? of the Exuma Keys, he the said prisoner was one of the first taken, and See?? to the said Hornigold to threw himselfe, and to have dependence on the mercy of the Governour.

5th. Geo. Rounsivel Prisoner had no farther plea to make.

6th. William Dowling Prisoner only desired Thos. Petty to be again call'd who being Sworn only declared, that he the Prisoner had offers made by the Spabiard to go in their Service, but the Prisoner Refus'd them.

7th. William Lewis desired Richd. Turnley might be again call'd who being Sworn decla?? that he the Depont. did not see the Said Prisoner when the Sloop Mary was first taken but the Day after he saw the Prisoner under Armes as Activ as any one of the Pyrates

8th. Thos. Morris Prisoner had little more to say than pretending that several persons, who were absent would Say something in his justification, but no one Present declared any thing in his favour.

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George Bendall Prisoner had nothing to plead for himselfe but Mr. Ker being desired as Evidence & Sworn declared that He heard the prisoner say that He wisht he had begun the life sooner for he thought it a pleasant one meaning the pyraticall way & farther Deposed that the prisoner reported that he had once a Strong Inclination to have smother'd John Graves Esqr. his Majesty's Collector for these Islands as he lay Feeble in his bed whose servant the Prisoner was, but a short time before he shipt himselfe on the late intended Voyage, when he joyn'd the other prisoners at the Bar in their Mutiney & pyracy.

David Meredith being also sworn declared that Bunce did once beat the Prisoner, who told him that if Bunce &ca. beat him once more he would desert them the first opportunity.

9th. William Ling had nothing farther to say for himselfe.

Then the Prisoners were remanded to the Fort.

After which all manner of Persons were commanded by Proclamation to withdraw.

Then the Court summ'd up the Evidences for the King & the Prisoners, which being debated & considered, all the Prisoners except John Hipps was unanimously Voted Guilty of their Indictment, and ordered the Register to draw up their Sentence, It was thought Convenient to Respite the Judgment on John Hipps Prisoner till Monday next, & the Court Adjourned till 4 this afternoon.

At which time being mett according to adjournmnt. and Proclamation made, The Prisoners were brought to the Bar, Then John Hipps was remanded to the Guard Ship in Irons, And all the rest being askd if they knew any Cause why Sentence of Death should not be pronounced; they had nothing more to say but to desire some Length of time for Repentance.

Then the Sentence was read as follows.

The Court having daly considered of the Evidence which hath been given both for and against You the said John Augur, Willm. Cunningham, Dennis McKarthy, Geo. Rounsivel, Willm. Dowling, Willm. Lewis, Thomas Morris, Geo. Bendall, & William Ling, and having also debated the several Circumstances of Your Cases, & it is adjudged that You the said John Augur, Willm. Cunningham, Dennis McKarthy, George Rounsivel, Willm. Dowling, Willm. Lewis, Thos. Morris, Geo. Bendall, & Willm. Ling, be carried to the Prison from whence you came, & from thence to the place of Execution where You are to be hang'd by the Necks till You be dead, dead, dead, And God have mercy on Your Souls.

[Side margin:] J are Guilty of the Mutiny Felony & Piracy wherewith You and every of You stand Accus'd and the ?????? He??? the said Jno. Augur, Wm. Cunningham, Dennis McKarthy, ???? George ??lliam Ling

(continued on page 4)

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