[Footnote 20: John Rose Archer was a seasoned pirate; he had served under the famous Blackbeard. Johnson, p. 399.]
William Lancy, Fisherman, Deposed That he was taken by the Pyrate Phillips and kept on board the Pyrate while they took nine Vessels, that he never saw the Prisoners at the Bar take up arms at any time, that they always seemed to him to be forced men.
After the Evidences had been severally sworn and Examined, the Prisoners at the Bar were asked, what they had to Say, who severally answered, they were forced men, that they never acted Voluntarily, and that they were principally Concerned in the rising.
Then the Advocate General summ'd up the nature of the Evidences. And the Prisoners were taken away from the Bar, and the Court was Cleared and in private.
Then the Court, having duly weighed and maturely Considered the Evidences against the Prisoners and their own Defence, Unanimously Agreed and voted, That the sd. John Filmore and Edward Cheesman were not Guilty of the Pyracies, Robberies and Felonies Exhibited agt. them. Then the aforesd Prisoners were brought to the Bar and the President pronounced the sd John Filmore and Edward Cheesman not Guilty.[21]
[Footnote 21: Fillmore says, _Narration_, p. 18, that the court gave him Captain Phillips's gun, silver-hilted sword, silver shoe- and knee-buckles, and tobacco-box, and two gold rings that the pirate used to wear. As late as 1857, the gun was still in the possession of a cousin of President Fillmore's father. _N.E. Hist. Gen. Register_, XI. 144.]
Then the Court Adjourned to three a Clock in the afternoon.
_120. Trial of William Phillips and Others. May 12, 1724._
_P.M._ The Court met according to adjournment, and was opened by Proclamation,
And a Warrant issued out for the bringing into Court the Bodies of William Phillips,[1] Isaac Lassen, Henry Giles, John Baptis, Peter Taffery, Charles Ivemay, John Bootman, John Combes and Henry Payne, and they were accordingly brought to the Bar.
[Footnote 1: Not known to have been related to the pirate captain, John Phillips. Lassen was an Indian, Giles a young lad, Baptis and Taffery Frenchmen.]
Then the Cryer made Proclamation for all Persons that Could Give Evidence for the King against the Prisoners at the Bar to Come into Court and they should be heard.