Lastly, For that the sd. William Phillips, Isaac Lassen, 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 Scooner 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 scooner, but knows not whether Phillips brought any or not.
William Lancey, Master of a Fishing scooner, 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.