[Page 4]Proclamation was made by the Cryer of the Court, Commanding all Persons to keep Silence, upon pain of Imprisonment, whilst His Majesty's Commission for the Trial of Piracies, Felonies and Robberies, was in Reading.

Then His Majesty's Royal Commission, Founded upon the Statute or Act of Parliament made in the Eleventh and Twelfth Years of the Reign of King William the Third, Entituled, An Act for the more ef­fectual Suppression of Piracy; and made perpetual by an Act of the Sixth Year of King GEORGE, was openly Read, and the Court solemnly and publickly Called and Proclaimed.

After Reading the said Commission, His Honour the President of the Court, took the Oath appointed by the aforesaid Statute, and then Administred the same Oath to the other Commissioners before-named.

And in Regard the afore-mentioned Statute directs, that a Notary Publick shall be Register of this Court, the Honourable Commissioners were pleased to chuse Mr. Samuel Tyley, a Notary Publick, to be Register of the said Court, who was Sworn to the true and faithful Discharge of the said Office of Register.

Afterwards Proclamation was made by the Cryer, for all Persons that could Inform this Court, or the Advocate General, of any Piracies, Fe­lonies or Robberies committed upon the High Seas, within the Juris­diction of the Admiralty of Great Britain, to come forth and declare it, and they should be heard.

Then Capt. Samuel Doty, Nathaniel Sprague, John Roberts, Silas Cooke and Phillip Sachimus were Called, they being bound over by Recogni­zance to appear at this Court, to give Evidence on His Majesty's be­half, concerning Acts of Piracy, Felony and Robbery committed on board the Sloop Tryal, by John Baptist Jedre, alias Laverdure, John Baptist Junior, James Mews, Philip Mews and John Missel; And the said Witnesses being all present, the Court, at the Motion of Robert Auchmuty Esqr. His Majesty's Advocate General, directed the Register to issue out a Warrant to Arthur Savage Esqr. Marshal of the Admiralty, Requiring him forthwith to bring into Court the said John Baptist Jedre, alias Laverdure, and John Baptist Junior from His Majesty's Goal in Boston, where they were Committed for the aforesaid Crimes, upon the Accusation of the Kings Witnesses before named.

[Page 5]The Marshal of the Admiralty, pursuant to the Warrant directed and delivered to him by the Register, brought the aforesaid two Prisoners into Court; who were Arraigned at the Bar upon Articles of Piracy, Felony, and Robbery, Exhibited against them by the Advocate General, which were read, and are as followeth, viz.

Upon reading the aforesaid Articles, John Baptist Jedre, alias Laver­dure, desired that the same might be interpreted to him and his Son John Baptist Junior in the French Language, for that he the said John Baptist (the Father) did not understand English very well; and his Son was wholly Ignorant of the English Language.

Whereupon Messieurs Peter Lucy and Peter Frazier, both of Boston, Merchants, were Sworn Interpreters between the Court and the Priso­ners; and then Interpreted the said Articles to the Prisoners, Article by Article; to which they severally pleaded not Guilty.

Then the Court were pleased to Appoint George Hughes, Gentleman, Attorney at Law, to be Advocate for the Prisoners, who accepted that Trust, and prayed for a Copy of the Articles Exhibited against them, & for a further time to prepare for their Trials; And the Court thereupon was Adjourned to three a Clock in the Afternoon.

Tuesday, October 4th. 1726. At three a Clock post Meridiem. The Court met according to the said Adjournment.

PRESENT, The Honourable WILLIAM DUMMER Esq Lieut. Governour and Commander in Chief of the said Province, President; and all the other Commissioners before-named.

Then the Prisoners were brought to the Bar, and their Advocate hav­ing been served with a Copy of the Articles exhibited against them, and prepared for their Trial, the said Articles were read again.

After reading thereof, His Majesty's Advocate made a Speech to the Court as followed, viz.

MAY it please Your Honour Mr. President, and the Honourable the Com­missioners, John Baptist Senior, and John Baptist Junior, the Prisoners at the Bar, stand Articled against for Acts of Piracy, Robbery and Felony, Com­mitted upon the High Seas, within the Jurisdiction of the Admiralty of Great Britain, contrary to the Peace of our Sovereign Lord the King, His Crown and Dignity, and the Statutes in such Cases Made and Provided: To which upon Arraignment, they have severally pleaded Not Guilty.

The Word Pirate, with inconsiderable Variation, is taken from the Greek Substantive Peirates, Praedo Marinus, and therefore a Pirate in a Legal Sense is called a Robber on the High Seas: And under this Consideration I'm humbly of Opinion, the Prisoners at the Bar will evidently appear to your Honours, in the Series of this their Trial: Persons whom the Law with the greatest Pro­priety justly Terms Pirates. And however others may pride themselves in accurately handling abstruse and knotty Cases; I esteem it my Felicity, that the Articles now exhibited to your Honours, are grounded upon plain and clear Matters of Fact; Facts which proceed from the Rancour and Virulency of their evil Hearts, from a craving Appetite, and an insatiable Thirst after inordinate Gain. And finally, Facts if not now timely Corrected by Your Honours experienced Justice, will most certainly terminate in the breaking up of our Fishery, the most valuable Branch of our New-England Trade. But for as much as I'm sensible Glosses with your Honours pass not for Arguments, or Varnish for Evidence; So I'm well assured, when positive and direct Proofs appear before You in their full Proportion, they will have their Usual and Legal Weight in Your Honours Determination: And therefore upon the Evidences I shall produce on the part of the King, I may reasonably expect in Justice to His Majesty, in Compliance with the Laws of our Land, and in [Page 8] a due and tender Regard to this His Majesty's Province, and the Safety and Preservation of the Lives and Properties of His Majesty's most Loyal and Du­tiful Subjects in this Government, Your Honour and the Honourable the Commissioners will adjudge the Prisoners at the Bar respectively Guilty of all and every the Articles exhibited against them, &c.

Then the Cryer of said Court was directed by Mr. Advocate to call the King's Evidences.

Afterwards the Witnesses for our Sovereign Lord the King, Namely, Captain Samuel Doty, Nathaniel Sprague, John Roberts, Silas Cooke, and Philip Sachimus, were Called and Sworn, and severally Deposed as fol­loweth, viz.

SAmuel Doty of Plymouth in New-England Mariner, and Master of the Sloop Tryal, Deposeth and Saith, That on Wednesday the 25th Day of August last past, (with the consent of his Men) he put into Malegash Harbour, to Water, & from thence designed to Prosecute their Fishing-Voyage near the Isle of Sables; And seeing John Baptist, the Father, on Shoar, the Deponent haled him, and asked him to come on board. And soon after the Prisoners at the Bar, came on board the Sloop in a Canno, when the Deponent ask'd what News? The said John Baptist Jedre, alias Laverdure, answered there was Peace between the English and Indians, and particularly at Boston, Annapolis, and Causo; And there­upon the said Baptist and the Deponent went into the Cabbin, and left the said John Baptist Junior upon Deck; After the Deponent, and John Baptist had drank together, the Deponent went upon Deck with intent to go ashoar in the Canno, but Baptist's Son was gone ashoar in it, then the Deponent with the Mate and three more Men, took the Sloops Canno, and went ashoar, leaving the said Baptist on board, with Philip Sachimus, the said Baptist declining to go a Shore with them when ask'd, saying he would Call his Son, and he should carry him on Shore. That some short time after the Deponent and his Men had left the Sloop, the said Baptist called to his Son on Shoar, and spake to him in a Lan­guage unknown to the Deponent, and presently John Baptist Junior, with two Indians, namely, James Mews and Philip Mews, went into the said Baptist's Can­no, and after they had got about a Gun shot from the Shore, one of the Indians held up his Gun and Fired it, & called to the Deponent and Company as they stood on the Shoar, saying, You English Men, ask for Quarter; and after the Indians had got on board the Sloop, they took down the English Ensign then fly­ing, which the Deponent perceiving, he then went to the House of Mrs. Giddery, Mother to the said John Baptist, and desired her, with her Son Augustine to go on board the Sloop with him, and intercede with the said Baptist that the Depo­nent might have his Sloop again. And after some Considerable Time, Mrs. Giddery and her Son went on board with the Deponent, when he the Deponent saw the Ensign girded round Baptist's middle, and a Pistol tuckt in it, which [Page 9] belonged to one of the Deponents Men, namely John Roberts. At which time there were several more Indians on board the Sloop, who pusht the Deponent about the Vessel, and Evilly treated him; and one of them Attempted to strike him with his Hatchet, but was prevented by another Indian. The Deponent further saith, That towards the Evening, the said John Baptist Jedre ordered him to come to Sail, and to Steer the Sloop Eastward; And the next day early in the Morning, they discovered a Vessel, which they tho't was an English Vessel, when the said John Baptist and the Indians gave out, that they would go and Kill all the English Men on board, and then the Deponent should have his Sloop again; but she proved to be a French Scooner belonging to Cape Breton, which had been at Malegash the day before the Deponents Sloop arrived there. That when the Scooner appeared in sight, the Prisoners with the Indians, divi­ded the Powder and Shot which belonged to the Sloop, put new Flints into their Guns, cut up the Fishing Leads to make Sluggs for their small Arms, and load­ed them with design (as they said) to take the said Scooner, if she had been an English Vessel.

And further the Deponent saith, That afterwards he Steered the Sloop for Mahoon Bay, to the Eastward of Ashpetauget, by Order of the said Baptist, who sometimes Steered himself; And when she was about seven Leagues Eastward of Malegash, the Deponent and his Company having agreed to rise upon the French and Indians, took their Opportunity to do it, soon after they had been at Breakfast, on the 26th. of August, when Baptist and three Indian Men with an Indian Woman and two Children were in the Cabbin; And the Deponent shut the Cabbin-Door upon them; but Baptist hearing the English scuffling with the Indians upon Deck, soon came out of the Cabbin, having burst open the Cabbin-Door, and the Mate struck him down with a Club, and Phillip Sachimus threw him overboard; Soon after the English fired into the Cabbin, and the three Indi­an Men got out of the Cabbin-Windows into the Sea, in order to Swim on Shoar; and Young Baptist and the other Indians were thrown into the Hold; And after the Prisoners and Indians were subdued, Baptist was taken on board the Sloop again from out of a Canno, which lay astern.

NAthaniel Sprague, Mate of the Sloop Tryal saith, That on the 25th. of August last, he went on Shoar at Malegash with Mr. Doty and others, and left John Baptist and Phillip Sachimus on board the Sloop. That soon after the Deponent got on Shoar, Baptist called to his Son to come on board, as the Deponent be­lieves, (tho' he spake in Language to him unknown) and thereupon the said Bap­tist's Son, with two Indians Armed, put off from the Land in a Canno, and when the Canno was some distance from the Shoar, one of them fired a Gun, and said to the English on Shoar, you English Men call for Quarter, and then the said John Baptist Junior, and the two Indians, viz. James & Philip Mews, went on board the said Sloop. And the Deponent, as he stood on Shoar, saw some of them with Baptist take the Sloop's Ensign down, and then they fired se­veral small Arms into the Air.

[Page 10]The Deponent further saith. That he tarried on Shoar till Mr. Doty called to him from the Sloop▪ and told him he believed the French and Indians would give him good Quarter if he came on board; So the Deponent and Silas Cooke ven­tured to go on board, and as they came along side the Sloop, several of the Peo­ple on board presented their Guns at them; Some of them had their Hatchets, and others their Knives, and they haul'd him along the Vessel, and Barbarously treated him; And two Indians afterwards held the Mazzles of their Guns at him with intent, as he thought) to Shoot him, so to escape the danger, he jumpt into the Hold. Soon after the said Baptist called to him, and bid him come out of the Hold, or else he would be killed; So the Deponent came upon Deck, and the said Baptist and others bound him with Lines. That Baptist called himself Skipper of the Sloop, and James Mews an Indian, called himself the Captain of her. The Deponent farther saith, that the next day, viz. the 26th. of August, looking out of the Hold, he saw the said Baptist with his Pistol tuckt through the Sloops Ensign, which was round his Waste, and heard him order Mr. Doty to take the Helm. That young Baptist walked the Deck with his Gun. That the French and Indians eat the Sloops Bread, Butter, Pork, and Sugar, and Drank the Rum and other Liquors which belonged to the English. That after Breakfast, one of the English Men called to the Deponent in the Hold, and told him that there was a good Opportunity to rise upon the French and Indians, there being but three or four of them upon Deck; Whereupon the Deponent came upon the Deck and saw Mr. Doty put to the Cabbin-Door, and then he took hold of one of the Indians, who was too strong for the said Doty, and threw him down. By this time John Baptist Junior, who before was lying down on his Gun, got up with it, but the Deponent struck him down, and Baptist (the Father) hearing the Noise, burst open the half Door of the Cabbin, and came out with the Sloops Ensign round his middle, and a Pistol tuckt in it, and got hold of the Deponent, but he flung the said Baptist a-cross the Gunnel, and Philip Sachimus, (who stood to keep the Cabbin-Door fast) took the said Baptist and threw him over-board: About this time John Baptist Junior cryed for Quarter, yet after­wards got a Fisherman's Pew, and struck at the Deponent with all his might, but mist his Blow, and only tore the Deponents Shirt; Who then knockt the said Baptist down, and he was thrown into the Sloops Hold, together with Philip and James Mews, and the Hatches were shut down upon them; And three Indians who were in the Cabbin, got out of the Cabbin-Windows in order to Swim on Shoar.

That after the Prisoners were subdued, the Deponent saw Baptist the Father, with two Rings and a pair of Stockings taken from John Roberts; And John Baptist Junior had on Mr. Doty's Cap.

JOhn Roberts deposeth and saith, That he heard John Baptist when he first came on board the Sloop say, there was Peace. That the Deponent went ashoar with Mr. Doty and his Mate, and soon after saw Philip Mews strike the Colours, [Page 11] that the Deponent tarried on Shoar till the Evening when the Sloop came to Sail.

That when he came on board, the Sloops Colours were round Baptist's mid­dle, with the Deponents Pistol tuckt thro' the same, and he saw a Gold Ring belonging to him the Deponent upon the said Baptists Finger. That young Baptist stood over the Scattle with a Musket in his Hand. That he loaded a Pistol, and his Father then took it from him. That Baptist called the Deponent Son of a Bitch, hauled him out of his Hammock upon the Floor, and bid him come up and Steer. The next Morning early they discovered a Scooner, when Baptist consulted with the Indians, and supposing she was an English Vessel, they put new Flints in their Guns, and loaded them, and told the Deponent, that if they took the Scooner, they would Kill the English and keep the Scooner, and then the said Doty and Company should have their Sloop again But the Vessel proved to be a French Scooner, which as the said Baptist said, had been lately at Malegash; Baptist then Ordered the Deponent to Steer for Mahoon Bay: But soon after the Deponent assisted the said Doty and Company in subduing the French and Indians as before is Deposed by him the said Doty and his Mate.

SIlas Cooke Deposeth and saith, That he saw John Baptist Junior with a Gun, which was taken from him, and afterwards one of the English Men fired it into the Cabbin, whereupon three Indian Men got out of the Cabbin Window into the Sea. The Deponent further saith, That he saw the Sloop's Colours round Baptist's Waste, with a Pistol tuckt into it, and several times he had ano­ther Gun in his Hands. That he Ordered the Deponent to Steer for Mahoon-Bay. That the said Baptist took the Vessel's Biscake, Butter and Cheese, and made use of the Sugar, Tobacco and Pipes, and divided the Powder, and Young Baptist made Sluggs for the Small Arms, with the Leads of the Fishing Lines belonging to the Sloop.

PHilip Sachimus being Called Deposeth and saith, That he heard John Baptist when he first came on board the Sloop, say there was a very good Peace. And afterwards Capt. Doty & his Men went ashoar, and left him the Deponent and Baptist on board. That Mr. Doty ask'd him to go a Shoar, but the said Bap­tist answered he would Cast his Son. After the English Men got a Shoar Baptist Called to his Son John Baptist, who together with James and Phillip Mews, two Indians, came aboard in a Canno. That Phillip Mews and Baptist (the Father) talk'd together, and James Mews took out his Knife and run after the Deponent and struck at him. That young Baptist pointed a Gun at him, but he can't tell whether he snapt it or no. That the two Indian afterwards tied the Deponent under the Windless, so he could not see who struck the Colours, but afterwards he saw them round Baptist's middle. That he saw them take the English Mens Guns. This Deponent saw John Baptist Junior had a Pistol and make Sluggs with the Fishing Leads; he also saw John Roberts his Rings upon Baptist's Finger, and the French and Indians had the Command of the Sloop the Capt. Do [...] and his Company overcame them the next day.

[Page 12]After the Evidences for the King were heard, Mr. George Hughes, Advocate to the Prisoners at the Bar pleaded in their Behalf, in Manuer following, viz.

Then the said John Baptist in his own Defence alledged, That the People belonging to the aforesaid French Scooner (who he said had been at Malegash lately to buy Cattle to carry to Cape Breton) prevailed with him to do what he had done; telling him, that it would be the best way in order to get his Son Paul from the English, to take and keep one of their Vessels till they got him out of their Hands.— And further he added, That he had no de­sign to kill any of the English, but hindred the Indians from hurting them with their Knives.

John Baptist Junior pleaded for his Excuse, That what he did was by his Father's Order, and that the Indians advised him to assist in taking the said Vessel.

Afterwards John Baptist (the Father's) Examination, taken before Samuel Checkley and Habijah Savage Esqrs. two of His Majesty's Justices of the Peace, was Read, and is as follows, viz.

Which Examination was then Interpreted by Messieurs Lucy and Frazier, to to the said Baptist, who owned the same to be true.

Then the King's Advocate. Recapitulated the Evidences, and Replied upon the Prisoner's Advocate in the following manner.

The Advocate General having Concluded, the Court was cleared; and after mature and deliberate Consideration of what the King's Witnesses [Page 19] Deposed, the Prisoners Defence made by themselves and their Advocate, together with the Replication of the Advocate General, the Court voted Unanimously, that the said John Baptist Jedre, alias Laverdure, and John Baptist Junior, are severally Guilty of Piracy, Felony and Robbery, ac­cording to the Articles Exhibited against them.

Then they were brought to the Bar again, and the President pronoun­ced the said John Baptist Jedre, alias Laverdure, and John Baptist junior severally Guilty. — Whereupon the Advocate on Behalf of His Ma­jesty moved, that Sentence might be given against them according to Law. Then they were severally askt if they had any thing further to say why Sentence of Death should not be pronounced against them, and they Alledging nothing but what was offered before in their behalf on their Tryal, the President pronounced Sentence against them severally in the words following, viz. ‘You— are to go from hence to the place from whence you came, and thence to the place of Execution, there to be hanged up by the Neck until you are Dead, and the Lord have Mercy upon your Soul.’

After Sentence was given against the Prisoners, the Marshal of the Ad­miralty was Ordered to remand and keep them in safe Custody within His Majesty's Goal in Boston.

Then the Court was Adjourned to Wednesday, the fifth day of October Current, at ten a Clock in the Forenoon.

Wednesday October the fifth 1726. ten a Clock Ante Meridiem.

PRESENT, All the Commissioners before-named.

THe Court being opened by Proclamation, the King's Advocate moved, That James Mews, Philip Mews and John Missel, three Indians, who were imprisoned for Acts of Piracy, Felony and Robbery, might be brought to the Bar, to Answer to Articles exhibited against them for those Crimes. And accordingly the Marshal of the Admiralty in Obedience to a Warrant to him directed, brought them into Court, and they were Arraigned at the Bar, upon the said Articles, which were read, and are as followed, viz.

Then Captain John Gyles was Sworn Interpreter, between the Court and the Prisoners at the Bar, and Interpreted the said Articles to them in the Indian Language, Paragraph by Paragraph, to which they plead­ed severally, not Guilty.

And Mr. George Hughes, who was appointed by the Court to be Ad­vocate for the Prisoners, prayed that he might have a Copy of the Ar­ticles Exhibited against them, and time allowed to prepare for their De­fence, and that the said Captain Gyles the Interpreter might be with them. To which the Court consented, and Ordered that their Tryal should come on in the Afternoon at three a Clock, to which time the Court was Adjourned.

October the fifth, three a Clock Post Meridiem.

The Court met according to the said Adjournment.

PRESENT, All the Commissioners afore-named.

The Prisoners, viz. James Mews, Philip Mews, and John Missel, were brought to the Bar, and the Articles exhibited against them (which their Advocate was served with a Copy of) were read again.

[Page 22] Then the Witnesses for our Sovereign Lord the King, Namely, Samuel Doty, Nathaniel Sprague, John Roberts, Silas Cooke and Philip Sachimus were called and Sworn, and severally Deposed as follows, viz.

SAmuel Doty saith, That on the 25th. day of August last, two of the Prisoners, viz. Philip Mews and James Mews, together with John Baptist Junior, went on board the Deponent's Sloop in Baptist's Canno Armed, and about a Gun shot from the Shoar, one of them held up his Gun and fired, and said to the said Deponent and his Company, then standing on the Bank, Now you English Men call for Quarter: And soon after they got on board the Sloop, they took down her Ensign, and fired a volley with their small Arms. That about a Quarter of an Hour afterwards, John Missel with three more Indians went aboard.

That sometime afterwards, when the Deponent went on board, James Mews, one of the Prisoners took the Deponents Hat from him, and spake to him in En­glish saying, Now I am Captain of the Vessel, do you call your Men a board, or I'le send ashoar presently and kill them all.

That James Mews told the Deponent there was Peace Proclaimed between the English and Indians; but the said Mews said he never would make Peace with the English, for the Governour of Boston kept his Brother, and he would Burn the Sloop and keep the Goods till his Brother was sent home.

That afterwards when the Deponent's Mate came on board, two of the Priso­ners, viz. James Mews and Philip Mews, took hold of him and dragg'd him up­on the Deck, threatning to kill him; and also told the Deponent that he would go on Shoar, and kill the rest of his Men that were there, unless he called them an board; and soon after they got on board, the Vessel came to sail by Baptist's Order, and the said Philip and James Mews hoisted up the Anchor.— That the said Philip Mews searched the Deponent's Pockets afterwards, and tools se­venteen Shillings from him.— That John Baptist for the most part Ordered the Deponent what Course to Steer; Captain James Mews, as he called himself, having got Drunk.

That all the Prisoners in their turns, draw'd the Rum which belonged to the English Men; Drank plentifully, and eat of the Sloop's Cheese, Butter and other Provisions.— And lighted a great Number of Candles, which were burning all Night— That the next Morning they saw a Scooner which was supposed to be an English Vessel, and all the Prisoners (except James Mews who was then in Drink) divided the English Mens Arms, Powder and Shot, put new Flints into their Guns, and made ready to fight the English on board the said Vessel; John Missel in particular charged his Gun, but when they came up with her, they dis­covered she was a French Scooner belonging to Cape Breton, that had lately been at Malegash for Cattle, as the Deponent understood. Then John Baptist Ordered the Deponent to Steer for Mahoon-Bay, near his Plantation — But soon after the English perceiving that Baptist, and three Indian Men were in the Cabbin, that James Mews and John Baptist Junior were asleep upon Deck, and that John Mis­sel [Page 23] was a Fishing, and Philip Mews only was walking on the Deck, who with the said Baptist were Ordered to stand as a Guard over the English, they took this Opportunity to rise, and made themselves Masters of the Vessel, three of the In­dians having jumpt over board out of the Cabbin Windows, and others being thrown from the Deck into the Hold.

That John Missel helpt to seize the Mate when he first went on board, and was as Active afterwards as the rest of the Indians upon all Occasions.— That the Indians struck the Mate several blows, hauled him by the Head and Shoul­ders, and threatned to kill him with their Hatchets and Knives which they held in their Hands.

NAthaniel Sprague Deposeth and saith, That on the 25th. of August last, when he got on Shoar it Malegash, he saw the three Prisoners now at the Bar, with other Indians on Shoar, and asked them what News, the said James and Phi­lip Mews answered there was a very good Peace. The Deponent ask'd the Indians how they knew 'twas Peace? Philip Mews answered that the Penobscut and Cape Sable Indians had lately been at Annapolis with the Governour, who informed them he had made Peace with the Indians.— That the Depo­nent heard John Baptist on board the Sloop call to his Son on Shoar, who soon after with James and Philip Mews went Armed in a Canno towards the Sloop. That one of them fired a Gun, and said to the English on Shoar: You English Men call for Quarter, and then went on board the Sloop, and he saw one of them take up an Ax and break open the Cabbin Door; then two of them went into the Cabbin; afterwards they struck the Colours, and discharged their small Arms.— That afterwards the Deponent saw two Cannos with Indians in them go on board the Sloop.— And some time after they sent on Shoar an Indian belonging to the Sloop, namely Philip Sachimus, to tell the English to come on board and they would give 'em good Quarter; but if they would not come on board, to inform them they should all be killed. Where­upon the said Mr. Doty went on board.— And afterwards the said Doty called to the Deponent and Silas Cooke, and told them there were two Indians on Shoar would kill 'em, if they did not come on board; so they went on board, and some of the Indians stampt on the Deponent, others hauled him about, and held their Hatchets over his Head, threatning to kill him; but others came to his help— And particularly James Mews (one of the Prisoners at the Bar) threatned to kill him, and would have taken away his Life, (as this Deponent believes) had not another Indian Interposed. Afterwards the Depo­nent got into the Hold, where he had not been long, before some of the Com­pany bid him come upon Deck, and threatned if he did not they would cut him all to peices, so he went upon Deck, when James Mews and other Indians kickt him, and struck him several blows.— That Philip Mews stood by when Baptist bound him. And James Mews held a Knife to his▪ Throat, and told him he would be the Death of him; And once Swore at him, saying, God Dam your Blood, you shall not live a Minute longer, and struck at him [Page 24] with his Knife, but another Indian Interposed, and while they were striving together the Deponent got from them.

The Deponent further saith. That he saw the said James Mews have a Gold Ring, a pair of Silver Shoe-Buckles, and a Neckcloth belonging to John Roberts, and Philip Mews had a pair of Trowzers belonging to another of Mr. Doty's Men.

That when the English rose upon the French and Indians, James Mews was on the Windless, Philip was near him, and John Baptist Junior was lying upon or near his Gun.— Missel was on the Deck with a Gun in one Hand, and a Fishing line in the other, a Fishing.

That the Deponent saw Mr. Doty leave the Helm, and put to the Cabbin Door, and he took hold of Philip Mews Gun, but he flung Mr. Doty on the Floor, then Roberts and Cooke went to the said Doty's Assistance; John Missel in the Interim went to the Cabbin Door, and endeavoured to open it, but was hindred by an Indian belonging to Mr. Doty, viz. Philip Sachimus, who stood by the Door; But Baptist got out at the Cabbin Door, and was soon thrown over board— The Deponent further saith, That John Missel, with a Gauft struck the Deponent, and tried to haul him into the Hold with it, but the Deponent having a Fisherman's Pew in his Hand, struck at the said Missel, who fell backward, and so escaped the blow.

JOhn Roberts Deposeth and saith, That when he went ashoar at Malegash, he saw the three Prisoners, with three other Indians and two French Men, and the Deponent shook Hands with Philip Mews, and ask'd him whether there was Peace? He answered (in the hearing of other Indians) there was a good Peace, and that now the English and Indians were all one Brothers. That afterwards the said James and Philip Mews and Young Baptist put off from the Shoar in a Canno, and some distance from the Shoar one of them fired a Gun, and bid the English call for Quarter. That the Deponent afterwards saw them go aboard the Sloop, and James Mews with an Ax cut open the Cabbin Door, and Philip Mews and John Baptist struck the Colours.— That the Depo­nent with Philip Sachimus, and another Indian belonging to the Sloop, returned on board the Sloop when she was under Sail going out of the Harbour, about eight a Clock at Night.— That when he got on board, Philip Mews and John Missel, two of the Prisoners, took hold of him, and thrust him into the Fore-castle.

That afterwards James Mews called him Son of a Bitch, struck him several blows, and threatned to kill him.— That Philip Mews stood Century with the Deponent's Gun.— That James Mews had the Deponent's Ring, a pair of Buckles and a Handkerchief.— That John Missel, in his turn, stood Century with his Gun.— That Philip Mews took a Plush pair of Breeches, and a pair of Trowzers from him.

That Baptist order'd the Deponent to go to James Mews for Bread, who took up a Bag with the Bisket in it, and beat him round the Cabbin, calling him Son of a Bitch, &c.

[Page 25]That Philip Mews told the Deponent, when they saw the Scooner which they took for an English Vessel, that they would kill the English and give Mr. Doty and his Men their Sloop again.

SIlas Cooke Deposeth and saith, That the Shot and Powder belonging to the English was divided by Missel and others; And afterwards when they went in quest of another Vessel, he shew'd his Satisfaction at it.

PHilip Sachimus Deposeth and saith, That Philip and James Mews came by him with a Knife when they first came on board the Sloop, and tyed him, and threw him before the Windless. And broke open the Sloop's Cabbin Door, and afterwards assisted in carrying the said Sloop away.—— And that John Missel stood Century upon Deck with a Gun.

Then the Examination of the Prisoners taken upon their first Arrival at Boston, before Samuel Checkley and Habijah Savage Esqrs. two of His Majesty's Justices of the Peace, were read to the Prisoners in the words following, viz.

After Reading the above Examinations, the Prisoners were severally Askt whether the same were true? And altho' their Advocate advised them, that they were not obliged to own in Court, what they owned before the Justices aforesaid; Yet they severally acknowledged that their Examinations were true.

Then was Read the Ratification made the fourth day of June last, at His Majesty's Fort of Annapolis-Royal, of the Articles of Peace stipulated by the Delegates at Boston, the fifteenth day of December foregoing, (which Articles were also Read) in behalf of the Penobscot, Narridgwalk, Saint John's, Cape Sables, and other Indian Tribes belonging to, and Inhabiting within His Majesty's Territories of Nova-Scotia, &c. And by Major Paul Mascarene, Commissioner for the Province of Nova-Scotia, in behalf of His Majesty.

[Page 30]Afterwards the Prisoners being ask'd whether they had seen any of the Indians that were at the Ratification of the Peace at Annapolis? They answered, they had been in Company with several of the Indians, whose Names were subscribed to the said Ratification; And particularly James Mews owned, that about twenty days before the said Doty's Sloop was taken, he was in Company with Antoin, one of the Chiefs of the Indians at Menis, and about eight or ten days afterwards, he saw Indian Simon, who used to carry Letters from Menis, &c. to Annapolis-Royal, and was present, as he understood, at the Negotiation of the Peace; and the said James and Philip Mews, both signified to the Court their belief that Antoin was at Annapolis treating of the Peace; and they also own­ed, that they lately saw Captain Walker, alias Piere, one of the Chiefs of the Indians at or near Malegash and Sabuckatook, who was at Annapo­lis at the Treaty; and that his Brother Catouse was returned from thence, since the Ratification of the Peace.

Then the Prisoners Advocate made his Pleas in their Defence, in the following manner, viz.

I Now a second Time appear before Your Honour, Mr. President, and the rest of the Honourable Commissioners of this Court, in behalf of some Persons accused of Piracy: Who tho' they be Indians, have and will experi­ence so much Candour and Indulgence from this Court, as must convince even the barbarous and Salvage Tribes to which they belong, of Your great Justice and Impartiality. Your Honours, I doubt not, are sensible I am not send of this Office: But my Duty to Your Honour, and the Honourable Court, and desire that nothing may be neglected, which in Justice to the Pri­soners ought to be declared, engage me in this Affair.

I humbly submit it to Your Honours, Whether at the Time the Facts they are accused of, are laid to be committed, they were not Enemies, or in a State of War with us: 'Tis true it appears, that the Ratification of the Peace between His Majesty's Government of Annapolis-Royal, and the Cape Sable In­dians, was made at Annapolis on the fourth of June last; but that regards that Government only; and the Covenant on the part of the Indians, that they not commit Hostilities, &c. extends to the Inhabitants of that Province only. The Vessel seized at Malegash, in which the Evidences for the King were, belongs to His Majesty's Subjects of this Province: And the Prisoners declare, that at the Time of the taking Capt. Doty and his Vessel, they nei­ther knew or heard of the Ratification of the Peace between this Province and the Indians at Cas [...]; but on the contrary, were informed even by Eng­lish [Page 31] men, as well as French, among the latter of which, were (as they inform me) Monsieur St. A [...]e of Me [...], and his Son John Baptist, and by two eminent Cape Sable Indians, S [...]age and A [...]age, that there was no Peace made, but only talked of; and that but a Day or two before the Facts are charged in the Articles to be committed.

The Ratification indeed at Cases, was on the fifth of August, but that does not argue that the Prisoners were acquainted with it, they living in a far, re­mote and distant Place of another Government: And being but an inconside­rable Number of People, the Law will not, with Submission, presume a Per­son to be knowing of a thing, unless there appear some Circumstances by which it may be reasonably concluded, he cannot but know it. If therefore the Prisoners were in a State of War with us, what they have done, they may well justify, by the Laws of GOD, Nature, Nations and Arms: And their declaring to Doty and his Men, that it was Peace, may be reasonably accounted a Stratagem of War, to draw and ensnare them in their Churches; which fort of Stratagems are very frequently made use of in War.

Your Honours may well remember what I urged yesterday in favour of the two French-men, which therefore I shall not spend Your Time in insisting on, since the Sentence You have passed upon them, manifests it to be over-ruled; I mean, that the Fact charged being committed within the Body of a County, amounts only to a Notorious Robbery, which is triable at the Common-Law by a Jury, and not to Piracy: And herewith agrees the Definition of Piracy, given by Mr. Advocate General. I shall only beg leave to add to what I then said, That as the Fact was certainly begun when the Vessel was at Anchor in the Harbour; so it being but one continued Act, ought to be tried where it was begun, i. e. within the Body of the County.

The Carriage of the Prisoners to the Men, was very Unjustifiable in their beating of them, &c. But this I attribute partly to their barbarous Natures and Customs, and partly to their Drink. John Missel seems to have had the least share in the Affair, he not coming on board till after the Colours were struck: But I shall leave their Cases to Your Honour's wise Consideration, and doubt not of a Judgment equal to the Merit and Justice thereof.

Afterwards the Prisoners being ask'd, if they had any thing to say for themselves, more than their Advocate had observed on their behalf?— James Mews said, he was in Liquor; and they all excused themselves by alledging, that it was the first Offence of that Nature they had been Guilty of, &c.

Afterwards the King's Advocate Reply'd upon the Prisoners Advo­cate, as follows, viz.

The Advocate General having Concluded, the Court was cleared; Then the Commissioners fully and deliberately weighed and considered the Evidences against the Prisoners, and also the Defence made by them and their Advocate, together with Mr. Advocate General's Replication, &c. And Voted Unanimously, That the said James Mews, Philip Mews, and John Missel, were severally Guilty.

[Page 34]Then the Prisoners were brought to the Bar again, when the President Pronounced them severally Guilty of Piracy, Felony and Robbery, ac­cording to the Articles Exhibited against them.

Whereupon the Advocate General on His Majesty's behalf, demanded Sentence against them.

And the Prisoners when ask'd what they had further to say, why Sen­tence of Death should not be Pronounced against them, alledging, they had nothing to say more than had been offered upon their Trial; The President of the Court accordingly Pronounced Sentence against them severally, in the Words following, viz. ‘You — are to go from hence to the place from whence you came, and from thence to the place of Execution, and there to be hanged up by the Neck, until you are Dead; and the Lord have Mercy upon your Soul.’