them on board the pirate, and making use of them there.  He had also in his custody several things of value, and particularly wearing apparel, belonging to one Mr. Furnell, a passenger belonging to the said Perry galley; and when it was debated amongst the pirates, and afterwards put to the vote, whether the crew of the said galley should have their vessel again or no, John Upton was not only against them, but also proposed burning the said vessel, and tying the captain and mate to one of the masts in order to their being burnt too.

Mr. Eaton, the second mate of the ship, was the next witness called.  He confirmed all that had been sworn by Mr. Dimmock, adding that the day they were taken the pirates asked if he would consent to sign their articles, which he refused.  Whereupon they put a rope about his neck, and hoisted him up to the yard’s arm, so that he totally lost his senses.  He recovered them by some of the pirate’s crew pricking him in the fleshy parts of his body, while others beat him with the flat of their swords.  As soon as they perceived he was a little come to himself they put the former question to him, whether he would sign their articles.  He answered, No, a second time.  One of the crew thereupon snatched up a pistol, and swore he would shoot him through the head; but another of them said, No, d——­n him, that’s too honourable a death; he shall be hanged. Upon this they pulled him up by the rope again, and treated him with many other indignities, and at last in the captain’s cabin, pulled a cap over his eyes and clapped a pistol to his head; then he expected nothing but immediate death, a person having almost jabbed his eye out with the muzzle of the pistol, but at last they did let him go.  He swore, also, that when the pirates’ articles were presented to him to sign, he saw there the name of John Upton, he being well acquainted with his hand.

Mr. Furnell, a passenger in the ship, was the third evidence against the prisoner.  He deposed to the same effect with the other two, adding that John Upton was more cruel and barbarous to them than any of the other pirates, insomuch that when they were marooned, and under the greatest necessities for food, Upton said, D——­n them, let them be starved, and was the most active of all the rest in taking the goods, and whatever he could lay his hands on out of the Perry galley.

In his defence the prisoner would fain have suggested that what the witnesses had sworn against him was chiefly occasioned by a malicious spleen they had against him.  He asserted that he was forced by the pirates to become one of their number and was so far from concerned with them voluntarily that he proposed to the mate, after they were taken, to regain the ship, urging that there were but thirteen of the pirates on board, and they all drunk, and no less than nine of their own men left there who were all sober; that the mate’s heart failed him, and