The Prisoners holding up their Hands, and the Accusation being read, all the said Prisoners were asked by the Register, Whether Guilty, or, Not Guilty; and they pleaded Not Guilty.
Ordered, That the Evidence for the King be severally sworn and examined.
The Examination of _James Kerr_, Gent. upon Oath saith, That he being Supercargo in Trust, and outward bound from _Providence_, a trading Voyage in the Sloop _Mary_, and in about two Days Sail from the said Island, did arrive at _Green Key_ with two other Vessels in Company, bound also on the said trading Account, where, on the 6th of _October_ last, one _Phineas Bunce_, one of the said Vessel's Company, and the head Mutineer of the Pyrates now at the Bar, but since deceas'd, did then and there come on board the said Sloop _Mary_, and very vilely treat this Deponent, and in the Evening did turn the Deponent ashore upon the said _Green Key_, a desolate Island; and this Deponent farther saith, that _Dennis Mackarthy_, one of the Prisoners now at the Bar, was the only Person of all the said Pyrates and Mutineers who shew'd this Deponent any civil Treatment, and that the said _Mackarthy_ did not reflect on the King and Government as others of them now at the Bar did, in this Deponent's Hearing.
The Examination of Captain _William Greenaway_ upon Oath saith, That on the 6th of _October_ last _John Hipps_, one of the Prisoners now at the Bar, with some others of them, came on board the Vessel under this Deponent's Command, and then riding at _Green Key_, with Pretensions of getting Tobacco, and told this Deponent, that Mr. _Kerr_ had a Mind to sail that Night; and this Deponent having order'd his Boat to go on board the Scooner, then belonging to the said Company, to give them Notice of the said _Kerr_'s Design; in which Interim came on board _John Augur_ and _George Rounsivel_, both Prisoners now at the Bar, _James Matthews_ and _John Johnson_, who wanted this Deponent to go on board the Scooner, which he did, where _Phineas Bunce_, since dead, met this Deponent at the Side; upon which, this Deponent demanded of the said _Bunce_, the Reason he did not prepare for sailing, as the rest did. Whereupon _Bunce_, the head Mutineer, asked this Deponent to walk down into the Cabbin, and, when there, _Bunce_ asked him to sit down by him; whereupon the said _Bunce_ told this Deponent, he was his Prisoner; upon which, _Dennis Macarthey_, now Prisoner at the Bar, presented a Pistol at this Deponent's Breast, and told him, if he spoke a Word, he, this Deponent, was a dead Man; and the said _Phineas Bunce_ told this Deponent, he had best be easy, for that the better Part of the People belonging to the Sloop _Mary_ was on his Side, as were some of the People he had with him. And then the said _Phineas Bunce_, with others, the Mutineers, went on board the Sloop _Mary_, and took her. But this Deponent cannot particularize the Names of the Men who were with _Bunce_, being Night-time. Afterwards the said _Bunce_, and the Prisoners now at the Bar, except _John Hipps_, put Mr. _James Kerr_, _Richard Turnly_, _Thomas Rich_, _John Taylor_, and _John Cox_, all ashore at _Green Key_, a desolate Island, and had the Boat ready prepared to carry this Deponent ashore also; but _Bunce_ hereupon declared, that this Deponent, being a _Bermudian_, would swim aboard again, and therefore confin'd this Deponent a Prisoner, and plundered his Vessel, leaving him not wherewithal to proceed any where, but a small Quantity of Flower and Beef, obliging this Deponent not to sail from _Green Key_ in 24 Hours after his Departure; but this Deponent did sail the next Morning for _Providence_, and, in his Way, fell in Sight of the said Mutineers and Pyrates, of whom the Prisoners at the Bar were some, who gave Chase. Whereupon this Deponent went back to _Green Key_, and took to the Shore, where he saw the Pyrates and said Mutineers cut away the Mast of this Deponent's Vessel, and then were coming on Shore, as this Deponent apprehended, to take his Person. Whereupon this Deponent made his Escape to hide himself from them upon the said _Key_. Then the People who were left on board this Deponent's Vessel, coming ashore, told this Deponent, that the Pyrates had scuttled her, turn'd the Yawl adrift, and from _Green Key_ the said Pyrates proceeded to _Stocking_ Island, where meeting the _Spaniards_, the Pyrates were themselves taken, and put ashore.