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.

[Footnote 4: For insubordination.]

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.

[Footnote 5: The southwest point of Nova Scotia.]

[Footnote 6: The carpenter had sawed it off, somewhat amateurishly,
after it had been wounded in the fight between the captain and Ferne,
as related below. Johnson, p. 400.]

John Filmore Deposed. Saith That he knows William Phillips. he was
taken out of a Sloop sometime in October last. the first vessel that
was taken after Phillips's being taken was a Brigantine. Cannot say
that Phillips went on board the Brigantine. he never saw him Armed
with other arms than a Cutlass. That in February they took a snow
bound from New York to Barbados, one Laws Master. Samue