THE jurors and affirmants, in behalf of the United States of America, for the body of New-Jersey dis­trict, of the middle circuit, upon their respective oath and affirmation, present, That William Brig­stock, otherwise called John Johnston, late of the kingdom of Great Britain, mariner, not having the fear of God before his eyes, but being moved and se­duced by the instigation of the devil, on or about the twentieth day of September, in the year of our Lord one thousand seven hundred and ninety-seven, with force and arms upon the high seas, near the coast of the island of Porto Rico, in the West Indies, and out of the jurisdiction of any particular state of the [Page 2] United States, and within the jurisdiction of this court, in and on board a certain armed frigate or vessel, cal­led the Hermione (whereof a certain Hugh Pigot was then commander) then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault in and upon one Foreshaw, one of the lieu­tenants then and there being on board of said armed frigate or vessel, in the peace of God and of the United States, then and there being, and to the arm­ed frigate and vessel aforesaid, called the Hermione, then and there belonging, and that the aforesaid Wil­liam Brigstock, otherwise called John Johnston, with a certain tomahawk of the value of eight-pence, which he the said William Brigstock, otherwise called John Johnston, then and there had and held in his right hand, did violently, feloniously, piratically, wilfully, and of his malice aforethought, beat and strike the aforesaid Foreshaw in and upon the right side of the head of the said Foreshaw, he the said Foreshaw then and there being on the high seas, in the armed frigate or vessel aforesaid, and within the jurisdiction of this court aforesaid, giving the said Foreshaw then and there, with the tomahawk aforesaid, in and upon the right part of the head aforesaid, of him the said Foreshaw, one mortal bruise, of which mortal bruise the afore­said Foreshaw, from the said twentieth day of Septem­ber, in the year aforesaid, until the twenty-first day of the said month of September, in the year aforesaid, upon the high seas aforesaid, in the armed frigate or vessel aforesaid, and within the jurisdiction aforesaid, did languish, and languishing did live, on which twen­ty-first day of September, in the year aforesaid, he, the said Foreshaw, on the high seas aforesaid, near the aforesaid coast of Porto Rico, in the West Indies aforesaid, in the armed frigate or vessel aforesaid, cal­led the Hermione, without the jurisdiction of any par­ticular state of the United States, and within the ju­risdiction [Page 3] of this court aforesaid, did die; and so the jurors and affirmants aforesaid, upon their oath and affirmation aforesaid, do say, that the aforesaid Willi­am Brigstock, otherwise called John Johnston, him the said Foreshaw, upon the high seas aforesaid, in the armed frigate or vessel aforesaid, and within the juris­diction of this court aforesaid, in manner and form aforesaid, feloniously, piratically, wilfully, and of his malice aforethought, did kill and murder, against the peace of the United States, and against the form of the statute in such case made and provided.

BY the special com­mand of the President of the United States, a nolle prosequi is entered on this indictment the twenty-eighth day of June, in the year of our Lord one thousand seven hundred and ninety-eight.

I CERTIFY the foregoing, together with the in­dorsement, on the back or outside of this paper, to be truly copied from the original indictment remaining on file in my office.

THE jurors and affirmants, in behalf of the United States of America, for the body of New-Jersey district, of the Middle Circuit, upon their respective oath and affirmation, present, That William Brigstock, other­wise called John Johnston, John Evans, otherwise called Michael Campbell, and Joannes Williams, otherwise called Joannes Williamson, late of the king­dom of Great Britain, mariners, on the twentieth day of September, in the year of our Lord one thou­sand [Page 5] seven hundred and ninety-seven, with force and arms, and so forth, upon the high seas, and out of the jurisdiction of any particular state of the United States, and within the jurisdiction of this court, to wit, about ten leagues from Porto Rico in the West Indies, in parts beyond the seas, then being mariners in and on board a certain armed frigate or vessel, called the Hermione, belonging and appertaining to the king of Great Britain, whereof one Hugh Pigot, a subject of the said king of Great Britain, was then and there commander, did betray the trust in them reposed as mariners of the said armed frigate or vessel, and then and there, out of the jurisdiction of any particular state of the United States as aforesaid, upon the high seas aforesaid, and within the jurisdiction of this court aforesaid, with force and arms did turn pi­rates, and the same armed frigate or vessel, and the apparel and tackle thereof, of the value of fifty thou­sand dollars lawful money of the United States, and one silver tankard, of the value of fifty dollars like money, and one gold watch of the value of one hun­dred dollars of like money, and one silver spoon of the value of two dollars of like money, of the goods and chattels of certain subjects of the said king of Great Britain (to the Jurors and affirmants aforesaid as yet unknown) then and there being in the said armed frigate or vessel, called the Hermione, under the care and custody of the said Hugh Pigot, as com­mander thereof, then and there, upon the high seas aforesaid, without the jurisdiction of any particular state of the United States as aforesaid, and within the jurisdiction of this court as aforesaid, with force and arms from the care, custody and possession of the said Hugh Pigot, piratically, and feloniously did run away with (they the said William Brigstock, otherwise called John Johnston, John Evans, otherwise called Michael Campbell, and Joannes Williams, otherwise called [Page 6] Joannes Williamson, then and there being mariners of the said armed frigate or vessel, and in and on board the same, on the high seas aforesaid) against the peace of the United States, and against the form of the sta­tute in such case made and provided.

I CERTIFY the foregoing, together with the In­dorsement on the back hereof, to be truly copied from the original indictment remaining on file in my office.

THE jurors and affirmants, in behalf of the United States of America, for the body of New-Jersey district, of the middle circuit, upon their respective oath and affirmation, present, That William Brigstock, other­wise [Page 7] called John Johnston, being a citizen of the state of New York, one of the United States of America, late of the kingdom of Great Britain, mariner, on the twentieth day of September, in the year of our Lord one thousand seven hundred and ninety-seven, with force and arms, and so forth, upon the high seas, and out of the jurisdiction of any particular state of the United States, and within the jurisdiction of this court, to wit, about ten leagues from Porto Rico in the West Indies, in parts beyond the seas, then being a mariner, to wit, the boatswain's mate in and on board a certain armed frigate or vessel, called the Hermione, belonging and appertaining to the king of Great Britain, where­of one Hugh Pigot, a subject of the said king of Great Britain, was then and there commander, did betray the trust in him reposed as a mariner, to wit, the boat­swain's mate of the said armed frigate or vessel, and then and there out of the jurisdiction of any particular state of the United States, as aforesaid, upon the high seas aforesaid, and within the jurisdiction of this court aforesaid, with force and arms (together with divers other persons whose names are not at present known to the jurors and affirmants aforesaid) did turn a pirate, and the same armed frigate or vessel, and the apparel and tackle thereof, of the value of fifty thousand dol­lars, lawful money of the United States, and one silver tankard of the value of fifty dollars like money, and one gold watch of the value of one hundred dollars of like money, and one silver spoon of the value of two dollars of like money, of the goods and chattels of the said Hugh Pigot, and of other subjects of the said king of Great Britain, to the jurors and affirmants aforesaid as yet unknown, then and there being in the said armed frigate or vessel, called the Hermione, un­der the care and custody of the said Hugh Pigot, as commander thereof, then and there upon the high seas aforesaid, without the jurisdiction of any particular [Page 8] state of the United States, as aforesaid, with force and arms, and so forth, from the care, custody and posses­sion of the said Hugh Pigot, piratically and feloniously did run away with (he the said William Brigstock, otherwise called John Johnston, a citizen of the state of New-York, one of the United States of America, as aforesaid, then and there being a mariner, to wit, the boatswain's mate of the said armed frigate or vessel, and in and on board the same on the high seas aforesaid) against the peace of the United States, and against the form of the statute in such case made and provided.

BY the special com­mand of the President of the United States, a nolle prosequi is entered on this indictment the twenty-eighth day of June, A. D. 1798.

I CERTIFY the foregoing, together with the indorse­ment on the back hereof, to be truly copied from the original indictment remaining on file in my office.