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 instead
of complying with his motion, said, _This is a dangerous thing to speak
of; if it should come to the pirates' ears we shall be all murdered_,
and therefore entreated the prisoner not to speak of it any more. The
mate denied every syllable of this, and so the prisoner's assertions did
not weigh at all with the jury. After they had brought in their verdict,
Mr. Upton said to those who swore against him, _Lord! What have you
three done?_

Under sentence of death he behav