[Footnote 16: The _Squirrel_, of Annisquam, a fine new vessel, to which Phillips transferred. Babson, _History of Gloucester_, pp. 286, 287.]

ROBT. AUCHMUTY, Adv. Genl.[17]

[Footnote 17: Afterward admiralty judge, 1728-1729, 1733-1747.]

Andrew Harradine, Master of the Sloop _Squirell_, Deposeth That on or about the fourteenth of April last past, about twelve Leagues South East of the Isle of Sables,[18] he was met and taken by Phillips the Pyrate, who demanded and took from him his vessel, being a better Sailor than that they were in. That he knows both the Prisoners at the Bar, saw them on board the Pyrate when he was taken, but did not see them armed, that neither of them went on board vessels when they were taken. That John Filmore, the day after that this Depont. was taken, Declared his mind to him and the minds of several others, to rise upon the Pyrates in order to subdue them and Endeavour their escape. That Edward Cheesman, upon the rising, threw Nutt the Master of the Pyrate over board, That John Filmore struck Burrell the Boatswain on the head with a broad ax, whilst the Depont. and others Dispatcht the Captain and Gunner.[19]

[Footnote 18: Sable Island, south of Nova Scotia.]

[Footnote 19: John Phillips and James or Joseph Sparks. "Phillips' and Burrill's heads were brought to Boston in pickle"; Diary of Jeremiah b.u.mstead, May 3, 1724, in _N.E. Hist. Gen. Reg._, XV. 201.]

John Masters, late Mate of the Sloop _Content_, Deposed That on or about the 27th of October last, he was taken out of the sd sloop _Content_, George Barrow Master, in the Latt.i.tude of Barbado's, by the Pyrate Phillips, was kept by the Pyrates four Months and then released, That whilst he was on board they took a ship from London bound to Virginia, one ---- Huffam Master, That Nutt the Master of the Pirate, Rose-Archer the Quarter Master,[20] and some others went on board, and as this Depont. can Remember, John Filmore, one of the Prisoners at the Bar, was forced to go on board with them, That the sd. Filmore spoke to this Deponent several times about rising upon the Pyrates, whilst this Depont. was...o...b..ard.

[Footnote 20: John Rose Archer was a seasoned pirate; he had served under the famous Blackbeard. Johnson, p. 399.]

William Lancy, Fisherman, Deposed That he was taken by the Pyrate Phillips and kept on board the Pyrate while they took nine Vessels, that he never saw the Prisoners at the Bar take up arms at any time, that they always seemed to him to be forced men.

After the Evidences had been severally sworn and Examined, the Prisoners at the Bar were asked, what they had to Say, who severally answered, they were forced men, that they never acted Voluntarily, and that they were princ.i.p.ally Concerned in the rising.

Then the Advocate General summ'd up the nature of the Evidences. And the Prisoners were taken away from the Bar, and the Court was Cleared and in private.

Then the Court, having duly weighed and maturely Considered the Evidences against the Prisoners and their own Defence, Unanimously Agreed and voted, That the sd. John Filmore and Edward Cheesman were not Guilty of the Pyracies, Robberies and Felonies Exhibited agt.

them. Then the aforesd Prisoners were brought to the Bar and the President p.r.o.nounced the sd John Filmore and Edward Cheesman not Guilty.[21]

[Footnote 21: Fillmore says, _Narration_, p. 18, that the court gave him Captain Phillips's gun, silver-hilted sword, silver shoe- and knee-buckles, and tobacco-box, and two gold rings that the pirate used to wear. As late as 1857, the gun was still in the possession of a cousin of President Fillmore's father. _N.E. Hist. Gen. Register_, XI.

144.]

Then the Court Adjourned to three a Clock in the afternoon.

_120. Trial of William Phillips and Others. May 12, 1724._

_P.M._ The Court met according to adjournment, and was opened by Proclamation,

And a Warrant issued out for the bringing into Court the Bodies of William Phillips,[1] Isaac La.s.sen, Henry Giles, John Baptis, Peter Taffery, Charles Ivemay, John Bootman, John Combes and Henry Payne, and they were accordingly brought to the Bar.

[Footnote 1: Not known to have been related to the pirate captain, John Phillips. La.s.sen was an Indian, Giles a young lad, Baptis and Taffery Frenchmen.]

Then the Cryer made Proclamation for all Persons that Could Give Evidence for the King against the Prisoners at the Bar to Come into Court and they should be heard.

Then John Baptis and Peter Taffery, being French men, were remanded back to Prison in order to be tryed by themselves.

And the rest of the Prisoners were Arraigned upon Articles Exhibited against them for Piracy, Robbery and Felony, The Register Reading them in the words following, viz.

Articles of Piracy, Robbery and Felony Exhibited against William Phillips, Isaac La.s.sen, Henry Giles, Charles Ivemay, John Coombes, John Bootman and Henry Payne, Marriners.

You and Each of you stand Accused by His Majesties advocate General of Felony, Pyracy and Robbery.

First, For that you, the said William Phillips and Isaac La.s.sen, together with John Phillips, John Nutt, Samuel Ferne, James Sparkes, William White, John Archer (otherwise Called John Rose Archer), and divers others, on or about the 27th day of October last, in the Latt.i.tude of Barbados, on the high sea, and within the Jurisdiction of the Admiralty of Great Britain, with force and arms did Pyratically And Feloniously surprise, seise and take the Sloop named the _Content_, George Barrow Master, belonging to His Majesties good subjects, and out of them then and there in manner as aforesd. did take and Carry away one John Masters, the mate of sd. sloop, and plate and Provisions to the value of One hundred pounds.

Secondly, For that the said William Phillips and Isaac La.s.sen, in Conjunction as aforesd., in the Month of ---- last,[2] upon the high seas, within the Jurisdiction aforesd., with force and arms Pyratically and Feloniously did surprize, seize and take a Portuguese Brigantine bound to Brazil, and in manner as aforesd. did out of her then and there take and Carry away a Negro Man Slave named Francisco, of the value of One hundred pounds, three Dozen of shirts of the value of forty pounds, one Cask of Brandy and Provisions of the value of thirty pounds.

[Footnote 2: October, 1723.]

Thirdly, For that the sd William Phillips and Isaac La.s.sen, in Conjunction as aforesd., on or about the fourth day of February last past, upon the high sea, about thirty five Leagues to the southward of sandy hook, within the Jurisdiction aforesd., with force and arms Pyratically and Feloniously did surprize, seise, enter into and take a snow, one ---- Laws master, belonging to His Maj'ties good subjects, and out of her then and there with force as aforesd., Pyratically and Feloniously take and Carry away Cloaths and provision to the value of One hundred pounds.

Fourthly, For that the sd. William Phillips, Isaac La.s.sen and Henry Gyles, in Conjunction as aforesd., on or about the first day of March last, upon the high sea and within the Jurisdiction aforesd., with force and Arms Pyratically and Feloniously did surprise, seize and take a French Ship bound from Martenico to France and, in manner as aforsd., out of her, with force as aforsd., then and there did Pyratically and Feloniously take and Carry away One Negro Man named Pierro, of the Value of sixty pounds, Eight Great Guns, twenty small Arms, a number of Cutlashes, and a Considerable quant.i.ty of Brandy, Wine and sugar to the Value of two hundred pounds.

Fifthly, For that the sd William Phillips, Isaac La.s.sen and Henry Gyles, in Conjunction as aforsd., on or about the 27th of March last, upon the high sea within the Jurisdiction aforesd., with force and Arms Pyratically and Feloniously did surprise, seize and take two ships bound from Virginia to London, One Commanded by John Phillips and the other by Robert Mortmiere,[3] and in manner as aforesd. took out of One of them (Commanded by John Phillips) Edward Cheesman, Carpenter, whom they forced in manner as aforesd and Carried away.

[Footnote 3: Johnson, p. 401, gives the other captain's name as Mortimer.]

Sixthly, For that the sd. William Phillips, Isaac La.s.sen, Henry Gyles and Charles Ivemay, in Conjunction as aforesd., on or about the latter end of the month of March, upon the high sea within the Jurisdiction aforesd., with force and arms Pyratically and Feloniously did then and there surprise, seize, Enter into and take a sc.o.o.ner belonging to His Majesties good subjects, One Chadwell Master, and out of her with force as aforesd. did Pyratically and Feloniously take and Carry away sundry Provisions to the Value of forty pounds.

Seventhly, For that the said William Phillips, Isaac La.s.sen, Henry Gyles and Charles Ivemay, in Conjunction as aforesd., on or about the month of April last past, upon the high sea within the Jurisdiction aforesd., did with force and arms Pyratically and Feloniously surprize, seize, enter into and take a Fishing sc.o.o.ner, William Lency Master, and then and there out of her with force as aforesd. and in manner as aforesd. did take and Carry away divers goods and Provisions to the value of Twenty pounds.

Lastly, For that the sd. William Phillips, Isaac La.s.sen, Henry Gyles, Charles Ivemay, John Bootman, John Coombes and Henry Payne, in Conjunction as aforesd., on or about the 14th of April last past, on the high sea and within the Jurisdiction aforesd., with force and arms did Feloniously and Pyratically surprise, seize and take a sloop named the _Squirrel_, Andrew Harradine Master, and belonging to His Maj'ties good subjects, and on the fifteenth following, with force and arms Feloniously and Pyratically did Enter with all their Guns, ammunition and Provisions on board the sd Sloop. All which sd acts of Pyracy, Robbery and Felony were by you and Each of you done and Committed in manner as aforesd., Contrary to the statutes, and the Laws in that Case made and Provided.

To all which Articles the sd William Phillips with the other Prisoners at the Bar severally pleaded not Guilty.

_Advocate General._ May it Please your Honours,

The Prisoners now at the Bar stand also Articled against for Pyracy, Robbery and Felony, and as the Charge so also the proof agt them appearing more certain clear and possitive than in the Case of those but lately Acquitted, I doubt not therefore of the Justice of the Honorable Court in finding them and Each of them Guilty.

Then the Kings Evidences were called and sworn. John Masters, late Mate of the Sloop _Content_, George Barrow Master, Deposed says that being bound from Boston to Barbados in sd. Sloop on the 27th of October last, the sd. Sloop was taken by a Pyrate Sc.o.o.ner Commanded by John Phillips, That the Pyrates forced this Depont. to go with them, and whilst this Depont. was with them, on the fourth of February last, they took a snow, one Laws Master. Samuel Ferne and James Wood, both since shot by Capt. Phillips,[4] William Taylor, now in Goal, and William Phillips, one of the Prisoners at the Bar, went on board the said snow armed with Cutlashes, that they brought Provisions from the snow on board the sc.o.o.ner, but knows not whether Phillips brought any or not.

[Footnote 4: For insubordination.]

William Lancey, Master of a Fishing sc.o.o.ner, Deposed That in the Month of April last, he and his Company were taken off of Cape Sables[5] by a Pyrate sloop Commanded by John Phillips, Captain, that they took several vessels while this Depont. was on board, and when Captain Phillips was about to dismiss this Depont. with his vessel he askt this Depont. whether he would carry home with him one Willm. Phillips, who was then on board the Pyrate Sloop, having one of his leggs Cut off,[6] and whom the Depont. saith is one of the Prisoners now at the Bar; and the Depont. answered, Provided the Captain and the Men were willing he would Carry him with him, but the sd. William Phillips refused to go with the Depont. saying if he should they would hang him.

[Footnote 5: The southwest point of Nova Scotia.]

[Footnote 6: The carpenter had sawed it off, somewhat amateurishly, after it had been wounded in the fight between the captain and Ferne, as related below. Johnson, p. 400.]

John Filmore Deposed. Saith That he knows William Phillips. he was taken out of a Sloop sometime in October last. the first vessel that was taken after Phillips's being taken was a Brigantine. Cannot say that Phillips went on board the Brigantine. he never saw him Armed with other arms than a Cutla.s.s. That in February they took a snow bound from New York to Barbados, one Laws Master. Samuel Ferne, James Wood, William Taylor and Wm. Phillips, one of Prisoners at the Bar, went on board the snow armed with Cutla.s.ses, who kept on board and Navigated sd snow, as far to the southward as the Latt.i.tude of 21, where Ferne and Wood, attempting to run away with the sc.o.o.ner, in order thereto Confined Taylor and Phillips: But Capt. Phillips the Pyrate firing upon the snow, she brought too, and the sd Ferne was Commanded on board, but he refused and fired upon Capt. Phillips and Compelled the Prisoner at the Bar, William Phillips, to come and abide upon Deck, where he had his left leg shot by Nutt, which was afterwards Cut off. That Isaac La.s.sen was taken at Newfoundland in Septr last. That he was generally set at the helm to steer the vessel.

he was once set on board the snow armed, when Fern, Wood, etc., were running away with her. he never was forward nor did he ever see him Guilty of any Act of Pyracy when vessels were taken, nor Share any plunder, Except that they now and then obliged him to take a Shirt or a pair of stockings when almost naked. That he was knowing of the rising to subdue the Pyrates, and took hold of the Captains Arm, when Harradine struck him in the head with the Ads. That Henry Gyles was taken in February and forced to go with the Pyrates; Nutt obliged him to keep a Journal being an Artist.[7] he never saw him armed on board, that he was always Contriving to get away, and has often told this Depont. that he would Escape if possible. that he was knowing of the rising against the pyrates and forward and Active in it. That Charles Ivemay was taken and forced out of the same ship that Cheesman the Carpenter was. that he always behaved himself Civilly. he never saw him Armed. That he was knowing of and brisk and Active in the rising against the Pyrates. That there was no vessel taken after John Bootman, John Coombes and Henry Payne were taken.

[Footnote 7: In the sense, now obsolete, of a person having scientific attainments. "The moon, whose orb Through optic gla.s.s the Tuscan artist views" (Milton, referring to Galileo). Probably Giles had some knowledge of navigation. See his testimony in doc. no. 121.]

Edward Cheesman Deposeth That William Phillips leg was Cut off before he[8] was taken by the Pyrates, That Henry Gyles was Guilty of no Act of Pyracy that he ever saw or heard of, that he behaved himself Civilly, kept a Journal being an Artist, That he has often told this Depont. he would contrive some way or other to make his Escape, that he was knowing of the Rising and forward and Active in it. That Isaac La.s.sen behaved himself Civilly and always seemed to him to be a forced man, That he never saw him in Arms; was the Man that took hold of Capt Phillips's Arm when Harradine struck him. That Charles Ivemay was Obliged and forced out of the same ship; he never was armed or forward when vessels were taken, That he was Privy to the Design of subduing the Pyrates and active in Executing it. That Bootman, Combes and Payne seemed to be forced and there was no vessel taken after they Came on board.

[Footnote 8: Cheesman.]

Andrew Harradine Deposeth That Phillips's leg was Cut off before his[9] being taken, knows nothing of him, That La.s.sen always behaved himself well, he never saw him armed, that he has several times told this Depont. that the Pyrates should never Carry him off the Coast to suffer by them as he had done already, that he was the first that took hold of the Captain, when this Depont. struck him and killed him. That he never saw any thing by Gyles and Ivemay but what was Civil, no ways Active as Pyrates, that they were both acquainted with the design of subduing the Pyrates, and stirring and brisk in the Execution thereof.

That Bootman, Combes and Payne came on board after he was taken, there was no Vessel taken after their being on board. That Bootman was Privy to and Active in the subduing the Pyrates, and Combes and Payne seemed to him to be forced men.

[Footnote 9: Harradine's.]