Tragedy for the Guedry Family - An Act of Piracy on the Seas - Part II

by Marty Guidry

Part 1 of this series (see “Generations”, Winter 2007, Volume 5, Issue 1 ) was the trial transcript of Jean Baptist Guedry pere and his son Jean Baptist Guedry fils. Part 2 is the transcript for the trial of the three “Indians” involved in this act of piracy. They were James Mews (Mius), Philip Mews (Mius) and John Missel. Although not directly the trial of the Guedry family, the transcript discusses the Guedry family throughout the proceedings and provides some interesting insights into their lives.

The persons of interest mentioned in these two trial transcripts are:

Crew of the Sloop “Tryal”
* Captain Samuel Doty - Master
* Nathaniel Sprague - Mate
* John Roberts
* Silas Cooke
* Philip Sachimus (an Indian)
* Another unnamed Indian

The Acadians of Merligueche (Malegash)
* Jean Baptist Guedry pere (called Jean Baptist Jedre and Laverdure)
* Jean Baptist Guedry fils (son of Jean Baptist Guedry pere; called Jean Baptist Junior)
* Mrs. Giddery (mother of Jean Baptist Guedry pere; Marguerite Petitpas)
* Augustin Guedry (brother of Jean Baptist Guedry pere)
* Paul Guedry (brother of Jean Baptist Guedry pere)
* Claude Guedry (called Gold; brother of Jean Baptist Guedry pere)
* Augustin ? (son-in-law of Jean Baptist Guedry)
* Paul Guedry (son of Jean Baptist Guedry pere; detained by the English)

The Indians of Merligueche (Malegash) (Both the Mi’kmaq and the Metis are called Indians)
* James Mews (Mius; brother of Philip Mews and brother-in-law of Jean Baptist Guedry)
* Philip Mews (Mius; brother of James Mews and brother-in-law of Jean Baptist Guedry)
* John Missel
* Salmon (also called Ferman)
* Lewis (son of Salmon)
* Marsel
* Marsel’s wife and two children
* Francis Mews (Mius; brother of above Mews brothers; brother-in-law of Jean Baptist Guedry; detainedby the English)

The Appointees of the Court
* Robert Auchmuty (His Majesty’s Advocate General; prosecuting attorney)
* George Hughes (Prisoner’s Advocate; defense attorney)
* Samuel Checkley (Justice of the Peace; took prisoner statements)
* Habijab Savage (Justice of the Peace; took prisoner statements)
* Peter Lucy (French-English Interpreter for Acadian prisoners)
* Peter Frazier (French-English Interpreter for Acadian prisoners)
* Captain John Gyles (Micmac-English Interpreter for Indian prisoners)

The fate of the Acadians and Indians involved in the seizure of the “Tryal”
* Jean Baptist Guedry pere (tried, found guilty and hung)
* Jean Baptist Guedry fils (tried, found guilty and hung)
* James Mews (tried, found guilty and hung)
* Philip Mews (tried, found guilty and hung)
* John Missel (tried, found guilty and hung)
* Salmon (jumped overboard through cabin window; probably drowned)
* Lewis (jumped overboard through cabin window; probably drowned)
* Marsel (jumped overboard through cabin window; probably drowned)
* Marsel’s wife and two children (unknown)

In Part 1 James Mews (Mius) was incorrectly called Jacques Mews and was said to be the son Mews (Mius) rather than the brother of Philip Mews (Mius). Furthermore, he was the brother-in-law of Jean Baptist Guedry pere rather than his nephew and the brother of Madeleine Mius, wife of Jean Baptist Guedry, rather than her nephew.

THE TRIALS OF FIVE PERSONS

Follows :

THE

TRIALS

OF

FIVE PERSONS

for Piracy, Felony and Robbery,

Who were found Guilty and Condemned, at a Court of Admiralty for the Trial of Piracies, Felonies and Robberies, committed on the High Seas, Held at the Court-House in Boston , within His Majesty’s Province of the Massachusetts-Bay in New-England , on Tuesday the Fourth Day of October , Anno Domini, 1726. Pursuant to His Majesty’s Royal Commission, founded on a Act of Parliament made in the Eleventh and Twelfth Years of the Reign of King William the Third, Entituled, An Act for the more effectual Suppression of Piracy ; And Made Perpetual by an Act of the Sixth Year of the Reign of our Sovereign Lord King GEORGE.

BOSTON: Printed by T. Fleet , for S. Gerrish , at the lower End of Cornbid , 1726.
 

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Then the Court was Adjourned to Wednesday , the fifth of October Current, at ten a Clock in the Forenoon.

Wednesday October the fifth 1726. Ten a Clock Ante Meridiem .

P R E S E N T,

All the Commissioners before-named.

The Court being opened by Proclamation, the King’s Advocate moved, That James Mews , Philip Mews and John Missel , three Indians , who were imprisoned for Acts of Piracy, Felony and Robbery, might be brought to the Bar, to Answer to Articles exhibited against them for those Crimes. And accordingly the Marshal of the Admiralty in Obedience to a Warrant to him directed, brought them into Court, and they were Arraigned at the Bar, upon the said Articles, which were read, and are as followeth, viz .

Province

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At a Court of Admiralty for the Trial of Piracies, Felonies Massachusetts Bay , and Robberies on the High Seas, within the Jurisdiction of Suffolk , ss. the Admiralty of Great Britain , Held at Boston , within the County of Suffolk , on the fourth Day of October , in the Thirteenth Year of the Reign of our Sovereign Lord GEORGE, of Great Britain , France and Ireland , King, Defender of the Faith, &c . Annoq; Domini, 1726.

ARTICLES of Piracy, Felony and Robbery, exhibited by Robert Auchmuty Esq; His said Majesty’s Advocate General, against Philip Mews , James Mews and John Missel , Indians .

First , For that the said Philip Mews , James Mews , and John Missel , not having the Fear of GOD before their Eyes, but being Instigated by the Devil, on the Twenty Fifth Day of August , last, about the Hour of Two in the Afternoon of the said Day, together with John Baptist Jedre , alias Laverdure , John Baptist Junior, and others, in or near Malegash Harbour, about Thirty Leagues Eastward to the Head of Cape Sables , on the High Seas, and within the Jurisdiction of the Admiralty-Court of Great-Britain ; with Force and Arms, Piratically and Feloniously, did Surprize, Seize, Take and possess themselves of a Sloop named the Tryal , Samuel Doty Master, Burthen about Twenty Five Tons, and of the Value of Five Hundred Pounds , being the Property of His said Majesty’s good Subjects; and then and there, with Force as aforesaid, the said Master, Nathaniel Sprague , John Roberts and Philip Sachimus , Mariners on Board the said Vessel, and all His said Majesty’s good Subjects, and in the Peace of our said Lord the KING being; did Piratically, and Feloniously, Make, Hold and Detain as their Prisoners on board the said Vessel, for the space of Twenty Hours, or thereabouts.

Secondly , For that thesaid Philip Mews , James Mews , and John Missel , with others as aforesaid, and with the like Force as aforesaid, then and there, within the Jurisdiction aforesaid, Feloniously and Piractically did Rob, Plunder and Consume all, or the greatest part of the Stores and Provisions belonging to said Vessel, and of the Value of One Hundred Pounds ; and did Rob, Seize, Take and possess themselves of Clothes,

Gold

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Gold Rings, and Silver Buckles, all of the Value of Fifty Pounds , and the Property of His Majesty’s said Subjects.

Thirdly , For that the said Philip Mews , James Mews , and John Missel , with others as aforesaid, on board the said Vessel as aforesaid, and within the said Jurisdiction, with Force and Arms as aforesaid, and immediately after the taking the said Vessel as aforesaid, Piratically and Feloniously sail’d in quest of other Vessels, in order them Piractically and Feloniously to Seize, Take and Plunder.

All which said Acts of Piracies, Felonies and Robberies, were by the said Philip Mews, James Mews, and John Missel, Done and Committed in Manner as aforesaid, contrary to the Laws and Statutes in such Cases Made and Provided, and to the Peace of our said Lord the KING, His Crown and Dignity.

R. Auchmuty , Advoc. Gen.

Then Captain John Gyles was Sworn Interpreter, between the Court and the Prisoners at the Bar, and Interpreted the said Articles to them in the Indian Language, Paragraph by Paragraph, to which they pleaded severally, not Guilty.

And Mr . George Hughes , who was appointed by the Court to be Advocate for the Prisoners, prayed that he might have a Copy of the Articles Exhibited against them, and time allowed to prepare for the Defence, and that the said Captain Gyles the Interpreter might be with them. To which the Court consented, and Ordered that their Tryal should come on in the Afternoon at three a Clock, to which time the Court was Adjourned.

October the fifth, three a Clock Post Meridien

The Court met according to the said Adjournment

The Prisoners, viz. James Mews, Philip Mews , and John Missel, were brought to the Bar, and the Articles exhibited against them (which their Advocate was served with a Copy of) were read again.

F

Then

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Then the Witnesses for our Sovereign Lord the King, Namely, Samuel Doty, Nathaniel Sprague, John Roberts, Silas Cooke and Philip Sachimus were called and Sworn, and severally Deposed as follows, viz.

Samuel Doty saith, That on the 25th day of August last, two of the Prisoners, viz. Philip Mews and James Mews , together with John Baptist Junior, went on board the Deponent’s Sloop in Baptist ’s Canno Armed, and about a Gun Shot from Shoar, one of them held up his Gun and fired, and said to the said Deponent and his Company, then standing on the Bank, Now you English Men call for Quarter: And soon after they got on board the Sloop, they took down her Ensign, and fired a volley with their small Arms. That about a Quarter of an Hour afterwards, John Missel with three more Indians went aboard.

That sometime afterwards, when the Deponent went on board, James Mews , one of the Prisoners took the Deponents Hat from him, and spake to him in English saying, Now I am Captain of the Vessel, do you call your Men a board, or I’le send ashor presently and kill them all.

That James Mews told the Deponent there was Peace Proclaimed between the English and Indians ; but the said Mews said he never would make Peace with the English for the Governour of Boston kept his Brother, and he would Burn the Sloop and keep the Goods till his Brother was sent home.

 That afterwards when the Deponent’s Mate came on board, two of the Prisoners, viz. James Mews and Philip Mews , took hold of him and dragg’d him upon the Deck, threatning to kill him; and also told the Deponent that he would go on Shoar, and kill the rest of his Men that were there, unless he called them on board; and soon after they got on board, the Vessel came to sail by Baptist ’s Order, and the said Philip and James Mews hoisted up the Anchor. -------- That the said Philip Mews searched the Deponent’s Pockets afterwards, and took seventeen Shillings from him. ------- That John Baptist for the most part Ordered the Deponent what Course to Steer; Captain James Mews , as he called himself, having got Drunk.

That all the Prisoners in their turns, draw’d the Rum which belonged to the English Men; Drank plentifully, and eat of the Sloop’s Cheese, Butter and other Provisions. ------ And lighted a great Number of Candles, which were burning all Night --------- That the next Morning they saw a Scooner which was supposed to be an English Vessel, and all the Prisoners (except James Mews who was then in Drink) divided the English Mens Arms, Powder and Shot, put new Flints into their Guns, and made ready to fight the English on board the said Vessel; John Missel in particular charged his Gun, but when they came up with her, they discovered she was a French Scooner belonging to Cape Breton , that had lately been at Malegash for Cattle, as the Deponent understood. Then John Baptist Ordered the Deponent to Steer for Mahon-Bay , near his Plantation ------- But soon after the English perceiving that Baptist , and three Indian Men were in the Cabbin, that James Mews and John Baptist Junior were asleep upon Deck, and that John Mis-

sel

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sel was a Fishing, and Philip Mews only was walking on the Deck, who with the said Baptist were Ordered to stand as a Guard over the English , they took this Opportunity to rise, and made themselves Masters of the Vessel, three of the Indians having jumpt over board out of the Cabbin Windows, and others being thrown from the Deck into the Hold. That John Missel helpt to seize the Mate when he first went on board, and was as Active afterwards as the rest of the Indians upon all Occasions. -------- That the Indians struck the Mate several blows, hauled him by the Head and Shoulders, and threatned to kill him with their Hatchets and Knives which they held in their Hands. Nathaniel Sprague Deposeth and saith, That on the 25th of August last, when he got on Shoar at Malegash , he saw the three Prisoners now at the Bar, with other Indians on Shoar, and asked them what News, the said James and Philip Mews answered there was a very good Peace. The Deponent ask’d the Indians how they knew ‘twas Peace? Philip Mews answered that the Penobscut and Cape Sable Indians had lately been at Annapolis with the Governour, who informed them he had made Peace with the Indians . ------  That the Deponent heard John Baptist on board the Sloop call to his Son on Shoar, who soon after with James and Philip Mews went Armed in a Canno towards the Sloop. That one of them fired a Gun, and said to the English on Shoar: You English Men call for Quarter, and then went on board the Sloop, and he saw one them take up an Ax and break open the Cabbin Door; then two of them went into the Cabbin’ afterwards they struck the Colours, and discharged their small Arms. -------- That afterwards the Deponents saw two Cannos with Indians in them go on board the Sloop. ----------- And some time after they send on Shoar an Indian belonging to the Sloop, namely Philip Sachimus , to tell the English to come on board and they would give ‘em good Quarter; but if they would not come on board, to inform them they should all be killed. Whereupon the said Mr. Doty went on board. --------- And afterwards the said Doty called to the Deponent and Silas Cooke , and told them there were two Indians on Shoar would kill ‘em, if they did not come on board; so they went on board and some of the Indians stampt on the Deponent, others hauled him about, and held their Hatchets over His Head, threatning to kill him; but others came to his help --------- And particularly James Mews (one of the Prisoners at the Bar) threatned to kill him, and would have taken away his Life, (as this Deponent believes) had not another Indian Interposed. Afterwards the Deponent got into the Hold, where he had not been long, before some of the Company bid him come upon Deck, and threatned if he did not they would cut him all to pieces, so he went upon Deck, when James Mews and other Indians kickt him, and struck him several blows. --- ------ That Philip Mews stood by when Baptist bound him. And James Mews held a Knife to his Throat, and told him he would be the Death of him; And once Swore at him, saying God Dam your Blood, you shall not live a Minute longer, and struck at him

With

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 with his Knife, but another Indian Interposed, and while they were striving together the Deponent got from them.

The Deponent further saith, That he saw the said James Mews have a Gold Ring, a pair of Silver Shoe-Buckles, and a Neckcloth belonging to John Roberts , and Philip Mews had a pair of Trowzers belonging to another of Mr. Doty ’s Men.

That when the English rose upon the French and Indians , James Mews was on the Windless, Philip was near him, and John Baptist Junior was lying upon or near his Gun. ------ Missel was on the Deck with a Gun in one Hand, and a Fishing line in the other, a Fishing.

That the Deponent saw Mr. Doty leave the Helm, and put to the Cabbin Door, and he took hold of Philip Mews Gun, but he flung Mr. Doty on the Floor, then Roberts and Cooke went to the said Doty ’s Assistance; John Missel in the Interim went to the Cabbin Door, and endeavoured to open it, but was hindred by an Indian belonging to Mr. Doty , viz. Philip Sachimus , who stood by the Door; But Baptist got out at the Cabbin Door, and was soon thrown over board ------- The Deponent further saith, That John Missel , with a Gauft struck the Deponent, and tried to haul him into the Hold with it, but the Deponent having Fisherman’s Pew in his Hand, struck at the said Misse l, who fell backward, and so escaped the blow.

John Roberts Deposeth and saith, That when he went ashoar at Malegash , he saw the three Prisoners, with three other Indians and two French Men, and the Deponent shook Hands with Philip Mews , and ask’d him whether there was Peace? He answered (in the hearing of other Indians ) there was a good Peace, and that now the English and Indians were all one Brothers. That afterwards the said James and Philip Mews and Young Baptist put off from the Shoar in a Canno, and some distance from the Shoar one of them fired a Gun, and bid the English call for Quarter. That the Deponent afterwards saw them go aboard the Sloop, and James Mews with an Ax cut open the Cabbin Door, and Philip Mews and John Baptist struck the Colours. ----- -- That the Deponent with Philip Sachimus , and another Indian belonging to the Sloop, returned on board the Sloop when she was under Sail going out of the Harbour, about eight a Clock at Night. --------- That when he got on board, Philip Mews and John Missel , two of the Prisoners, took hold of him, and thrust him into the Fore-castle.

That afterwards James Mews called him Son of a Bitch, struck him several blows, and threatned to kill him. --------- That Philip Mews stood Century with the Deponent’s Gun. ----- -- That James Mews had the Deponent’s Ring, a pair of Buckles and a Handkerchief. ---------  That John Missel , in his turn, stood Century with his Gun. ------- That Philip Mews took a Plush pair of Breeches, and a pair of Trowzers from him.

That Baptist order’d the Deponent to go to James Mews for Bread, who took up a Bag with the Bisket in it, and beat him round the Cabbin, calling him Son of a Bitch, &c .

That

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That Philip Mews told the Deponent, when they saw the Scooner which they took for an English Vessel, that they would kill the English and give Mr. Doty and his Men their Sloop again.

Silas Cooke Deposeth and saith, That the Shot and Powder belonging to the English was divided by Missel and others; And afterwards when they went in quest of another Vessel, he shew’d his Satisfaction at it.

Philip Sachimus Deposeth and saith, That Philip and James Mews came by him with a Knife when they first came on board the Sloop, and tyed him, and threw him before the Windless. And broke open the Sloop’s Cabbin Door, and afterwards assisted in carrying the said Sloop away. ---------- And that John Missel stood Century upon Deck with a Gun.

Then the Examination of the Prisoners taken upon their first Arrival at Boston , before Samuel Checkley and Habijab Savage Esqrs. two of His Majesty’s Justices of the Peace, were read to the Prisoners in the words following, viz .

The Examination of James Mews .

James Mews , Indian , Examined saith, That he lived at Malegash , that about twelve or thirteen days agone, he with five more Indians bought of the French there a Bottle of rum, and were going over a carrying place when John Baptist and others called to them, and told them there was an English Vessel coming into the Harbour of Malegash , and the said Baptist and his Son John , his Brothers Paul and Gold , and his Son in Law Augustine , all living at Malegash , gave the Examinant and the other five Indians a Bottle of Rum, and over perswaded them to turn back and go on board the Sloop, and told them, now was their time to get Provisions. --------- The Examinant further saith, That the said John Baptist and his Son went first aboard the Sloop, which had English Colours, and struck the Colour on Ensign, and tied it round his middle: That afterwards the Examinant with Salmon and Lewis went aboard in one Canno; and three more Indians , viz . Missel , Philip and Marsel , went aboard in another Canno; and sometime after Marsel went on Shoar again, and brought his Squaw and two Children on board the Sloop; and after them a French Woman with the English Master of the Sloop, and a French Man went aboard the Sloop: That the Indians told the English that no Harm should come to them after they got on board. ---------- The Examinant saith, that when he first went on board the Sloop, there was an Indian belonging to the Sloop, tied, but he was soon set at liberty; that two of the three Indians that got out at the Cabbin Windows help’d to weight the Anchor, and gave Orders to carry the Sloop round the Point to the Indian Wigwams. -------- That the next Morning after the Sloop

G

was

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was taken, he went to Breakfast, and Drank so much that he knows not how the English overcame the French and Indians on board; but when he came to be sober, he found himself bound in the Hold of the Sloop, and he was kept tied till he came to Boston in the Sloop. The Examinant further saith, That about a Month ago he was at Menis , where there were near two hundred Indians with the French Fryar, who came together to say Prayers, and then they scattered themselves about the Country; the French told the Indians that there was no Peace then, and bid the Indians , if they met any English Men, to take them. Since which time he hath been at Menis twice from Malegash , where he had been, at times, about thirteen days, and most of the French at Menis , when he was there last, told him there was no Peace, and the Indians might take the English Vessels as they did formerly. ---------- But at the same time some few of the French there, told him that there was Peace. ---------- He heard the Fryar say there was no Peace, and the Indians said he must be gone, if there be a Peace, because he has been very much for War. ---------- He knows of no Feast or Consultation at Malegash , between the French and Indians , to take any English Vessels there by way of Reprizals.

His           

James X Mews ,

Mark        .

Suffolk, ss. Boston , Septemb. 5th 1726

John Gyles , Interpreter

Attest Samuel Tyley , Not. Pub.

The Examination of Philip Mews .

Philip Mews being Examined, saith, That he lived at Malegash , and came from thence about fourteen Days agone. ---------- That he was at Malegash when Captain Doty ’s Sloop arrived there. That he went on board in a Canno with two Persons, viz . his Brother James Mews , and Baptist’s Son, John Baptist Junior, and found Baptist (the Father) on board, and one Indian Man, belonging to the Sloop. ------- He says the Indians were perswaded by the French to go on board the first Vessel they saw, and take one half the Company of English and keep them Prisoners, and send ‘tother half with the Vessel to Boston ; for otherwise if they did not, the French at Menis , and also Indians that came from

Cape

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Cape Breton , told the Examinant, that the English would not deliver up the Indian Prisoners. That two of the Indians who jumpt over board, Advised the Examinant when they saw the Sloop to go on board, and Baptist called to him and the other Indians , to make haste and come on board. --------- The Indians before they went aboard, had Rum of Mr. Gold , and drank it near his House, and three of them got Drunk; and as they were going to their Wigwams, they saw Mr. Doty ’s Sloop coming into the Harbour of Malegash , and then the French at Malegash , viz . Baptist , and two of the Indians that jumpt over board, perswaded the Indians to go on board the Sloop, which then had Red Colours, such as English Men wear.-------- That Salmon when he come on board, said he wou’d cut the Colours to pieces, but Baptist and the Examinant took ‘em down, and Baptist tyed ‘em round his middle. That James Mews was present, and bid ‘em take care that the Indians did not cut ‘em to peices.--- ----- Old Salmon ’s Son tyed Philip the Indian belonging to the Sloop. That the Drunken Indians fired several Guns up into the Air, tho’ the Examinant desired them not to fire -------- That he went down the Hold and loosed the Mate in the Hold, and also loosed the Indian that belonged to the Sloop who was bound, which made the Drunken Indians angry with him, and they struck him for doing so.--------- That he assisted in hauling up the Anchor with another Indian now in Prison, called John , alias Anewm (and one English Man) and Sailed round a great Neck in order to go to their Wigwams, where they intended to keep three of the English Men, and send the rest away to Boston in the Sloop. The next Morning they saw a Scooner, which proved to be the French Vessel they had been on board some days before. The Indians prepared to meet ‘em, and loaded their Arms; and the Drunken Indians said, if she had been an English Vessel, they would have taken her, but the sober Indians said one Vessel was eno’ to take.------------- That the Examinant had none of the Ammunition, and was careful that so the English might loose nothing.--------- That James had a Gold Ring, and afterwards returned it to the English . That Lewis had the Silver Buckles, and they were returned to the English after they took their Vessel again; the Examinant saw Baptist have a pair of the English Mens Stockings; Salmon had a Wastcoat, and Marsel had a pair of Breeches --------- That when the English rose up against the Indians , the Examinant was on Deck, and Baptist ’s Son and the Examinant’s Brother were asleep. That there were three Indian Men, a Woman and two Children in the Cabbin, besides Baptist , who was coming out, and an English Man knockt him down and threw him over board. That the Examinant had several blows. That three Indians went out of the Cabbin Window about a Mile from the Shoar, and the French Scooner was near, and two Cannos astern were a drift, so he believes they were not Drowned.----------- That Baptist said one Vessel was enough to take.

Signum         

 Philip X Mews

Suffolk

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Suffolk, ss. Boston , Septemb. 5th 1726

John Gyles , Interpreter

Attest. Samuel Tyley . Not. Pub.

The Examination of John Missel .

John Missel Examined saith, That he formerly lived at Sechenetto , that two Years agone he lived at Menis and this Summer, viz . about a Month ago he came from Menis to Malegash , where he was when Mr. Doty ’s Sloop arrived in that Harbour. As the Indians sat on the Bank, they saw the Sloop come in. Mr. Baptist and his Son first went on board the Sloop. ---------- Baptist ’s Son came on Shoar, and talk’d with the Indians as they were going over a carrying place, but he was at some distance, so don’t know what was said. ----------- Then James Mews and his Brother Philip went on board with Baptist ’s Son; before which time the English were come on Shoar in their Canno. ----------- That he and Salmon , with a Squaw and two Children went on board in a Canno, being first called upon by Baptist to come on board. ------ --- That James Mews or Baptist hail’d the Indians on Shoar, and told ‘em they had taken the Vessel, and bid ‘em come on board; When they called, Baptist and Philip took the Colours down; and when he came on board, Baptist tyed ‘em round his middle. He knows not who tied the Indian belonging to the Sloop. --------- That when it was Evening, the English came on board. ---------- That the French made a Prisoner of the Master Doty , at an Old Woman’s House, and she with her Son and the Master went on board together. That James Mews said, lets come to Sail, and gave orders to hoist the Anchor, and Marsel and Lewis help’d to weight it with Salmon . They were to go to Baptist ’s Plantation round the Point. The next day in the Morning early they saw a Vessel, which proved to be a Vessel which the French said they saw some days before. --------- Some of the Indians fitted their Arms, saying, that if it was an English Vessel they believ’d she would fight ‘em, seeing the Indians had taken the Sloop. ----- --- That Baptist perswaded them to carry the Sloop round towards his Plantation, but soon after Breakfast was over, some of them were Drunk, and he and Philip were Fishing, and three Indian Men and the Squaw and two Children, with John Baptist , were in the Cabbin, and the Skipper shut the Cabbin Door upon ‘em; that the English were all upon the Deck, and struck him down, that James and Baptist ’s Son were asleep forward. ----------

That

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That the said Baptist came out of the Cabbin, and was knockt down and thrown over board, the English fired into the Cabbin, and three Indians , thereupon got out of the Cabbin Windows; there was one Canno adrift, which the Indians tried to get into, but the Canno oversat; ‘twas not far from the French Vessel, but he believes the People on board did not see the Indians ; ‘twas about a Mile for the Shoar, and he believes they were Drowned --------- He had his share of the English ’s Powder and Shot, but he had no Gun. ---------- He heard the Indians had been at Port-Royal , and heard some of them say that there was Peace with the English and Indians . But he heard some of the Indians say they wondred that if there was Peace, they did not bring the Indian Prisoners from Boston .

Signum         

Attest. Samuel Tyley , Not. Pub.

After Reading the above Examinations, the Prisoners were severally Askt whether the same were true? And altho’ their Advocate advised them, that they were not obliged to own in Court, what they owned before the Justices aforesaid; Yet they severally acknowledged that their Examinations were true.

Then was Read the Ratification made the fourth day of June last, at His Majesty’s Fort of Annapolis-Royal , of the Articles of Peace stipulated by the Delegates at Boston , the fifteenth day of December foregoing, (which Articles were also Read) in behalf of the Penobscot , Narridgwalk , Saint John ’s, Cape Sables , and other Indian Tribes belonging to, and Inhabiting within His Majety’s Territories of Nova-Scotia , &c. And by Major Paul Mascarene , Commissioner for the Province of Nova-Scotia , in behalf of His Majesty.

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Afterwards the Prisoners being ask’d whether they had seen any of the Indians that were at the Ratification of the Peace at Annapolis ? They answered, they had been in Company with several of the Indians , whose Names were subscribed to the said Ratification; and particularly James Mews owned, that about twenty days before the said Doty ’s Sloop was taken, he was in Company with Antoin , one of the Chiefs of the Indians at Menis , and about eight or ten days afterwards, he saw Indian Simon , who used to carry Letters from Menis , &c. to Annapolis- oyal , and was present, as he understood, at the Negotiation of the Peace; and the said James and Philip Mews , both signified to the Court their belief that Antoin was at Annapolis meeting of the Peace; and they also owned, that they lately saw Captain Walker , alias Pierre , one of the Chiefs of the Indians at or near Malegash and Sabuckatook , who was at Annapolis at the Treaty; and his (illegible) Catouse was returned from thence, since the Ratification of the Peace.

Then the Prisoners Advocate made his Pleas in their Defence, in the following manner, viz .

I now a second Time appear before your Honour, Mr. President, and the rest of the Honourable Commissioners of this Court, in behalf of some Persons accused of Piracy: Who tho’ they be Indians , have and will experience so much Candor and Indulgence from this Court, as must convince even the barbarous and Salvage Tribes to which they belong, of Your great Justice and Impartiality. Your Honours, I doubt not, are sensible I am not rent of this Office: But my Duty to Your Honour, and the Honourable Court, and desire that nothing may be neglected, which in Justice to the Prisoners ought to be declared, engage me in this Affair. I humbly submit it to Your Honours, Whether at the Time the Facts they are accused of, are laid to be committed, they were not Enemies, or in a State of War with us: ‘Tis true it appears, that the Ratification of the peace between His Majesty’s Government of Annapolis-Royal , and the Cape Sable Indians , was made at Annapolis on the fourth of June last; but that regards that Government only; and the Covenance on the part of the Indians , that they should not commit Hostilities, &c . extends to the Inhabitants of that Province only. The Vessel seized at Malegash , in which the Evidences for the King were, belongs to His Majesty’s Subjects of this Province: And the Prisoners declare, that at the Time of the taking Capt. Doty and his Vessel, they neither knew or heard of the Ratification of the Peace between this Province and the Indians at Cape ; but on the contrary, were informed even by Eng-

lish men

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lish men, as well as French , among the latter of which, were (as they inform me) Monsieur St. Andre of Menis , and His Son John Baptist , and by two eminent Cape Sable Indians , Sewrage and Ancoumage , that there was no Peace made, but only talked of; and that but a Day or two before the Facts are charged in the Articles to be committed.

The Ratification indeed at Casco , was on the fifth of August , but that does not argue the Prisoners were acquainted with it, they living in a far, remote and distant Place of another Government; And being but an inconsiderable Number of People, the Law will not, with Submission, presume a Person to be knowing of a thing, unless there appear some Circumstances by which it may be reasonably concluded, he cannot but know it. If therefore the Prisoners were in a State of War with us, what they have done, they may well justify, by he Laws of GOD, Nature, Nations and Arms; And their declaring to Doty and his Men, that it was Peace, may be reasonably accounted a Stratagem of War, to draw and ensnare them in their Clutches; which sort of Stratagems are very frequently made use of in war.

Your Honours may well remember what I urged yesterday in favour of the two Frenchmen , which therefore I shall not spend Your Time in insisting on, since the Sentence You have passed upon them, manifests it to be over-ruled; I mean, that the Fact charged being committed within the Body of a County, amounts only to a Notorious Robbery, which is triable at the Common-Law by a Jury, and not to Piracy; And herewith agrees the Definition of Piracy; given by Mr. Advocate General. I shall only beg leave to add to what I then said, That as the Fact was certainly begun when the Vessel was at Anchor in the Harbour; so it being but one continued Act, ought to be tried where it was begun, i. e. with the Body of the County.

The Carriage of the Prisoners to the Men, was very Unjustifiable in their beating of them, &c . But this I attribute partly to their barbarous Natures and Customs, and partly to their Drink. John Missel seems to have had the least share in the Affair, he not coming on board till after the Colours were struck; But I shall leave their Cases to Your Honour’s wise Consideration and doubt not of a Judgement equal to the Merit and Justice thereof.

Afterwards the Prisoners being ask’d, if they had any thing to say for themselves, more than their Advocate had observed on their behalf --------- James Mews said, he was in Liquor; and they all excused themselves by alledging, that it was the first Offence of that Nature they had been Guilty of, &c.

Afterwards the King’s Advocate Reply’d upon the Prisoners Advocate, as follows, viz .

May

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I Shall not now Trespass upon Your Patience, in reiterating the several Matters of Fact proved upon the Prisoners; And more especially when I consider they turn out as strong, if not stronger against them, than against those two that justly received their Sentence Yesterday. --------- And of this their Advocate is perfectly convinced, and therefore industriously waves any Advantage that otherwise may be taken to the weakness of the Evidence; and rests their Defence on an Allegation, That at the Time of Committing these Facts, they were in a State of Enmity with us, ignorant of the Ratification of the Peace, and therefore not guilty of Piracy, by the Law of Arms, &c .

To which I Answer; ----------- That the Gentleman is the second Time mistaken in Fact. For on the Fifteen Day of December , 1725, the several Tribes of the Eastern Indians , St. John’s and Cape Sables , &c . by their Delegates, did enter into Articles of Pacification at Boston , with the Governments of the Massachusetts-Bay , New-Hampshire and Nova- Scotia , whereby among other things, they promised in behalf of their respective Tribes, ‘That they will cease all Acts of Hostility, Injuries and Discords, towards all the Subjects ‘of the Crown of Great Britain , and not offer the least Hurt, Violence or Molestation to ‘them, or any of them, in their Persons or Estates; but will henceforward Hold and ‘Maintain a firm, constant Amity and Friendship with all the English , and will never ‘Confederate or Combine with any other Nation to the Prejudice. And further, there are also inferred in the said Articles of Pacification these Words, viz . ‘We (meaning the said ‘Delegates, in behalf of themselves and their respective Tribes) Submitting our selves to ‘be Ruled and Governed by His Majesty’s Laws, and desiring to have the Benefit of the ‘same. And on the fourth Day of June following, at Annapolis-Royal , the Chiefs and Representatives of the said Indians , in Compliance with the said Articles, stipulated as aforesaid, by their Delegates, and in Obedience thereunto, Solemnly Confirmed and Ratified the same. By all which it most evidently appears, that the Indians were not, as pretended, at the Time of executing the several Acts of Piracy charged upon them, in a State of War with the Crown of Great Britain , but in firm Amity with His Sacred Majesty, and to be Governed by His Majesty’s Laws, and Entituled to the Benefits of them.

And

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‘And if any Foreigner, Subject to any Prince or State in Amity with the Crown of ‘ England , commit Piracies on the Ships or Goods of the English , the same is Piracy, ‘within the Stat. 28. H . 8. Sea-Laws , p. 478 q . Having thus unanswerably acquitted this Prosecution from the Exception, I beg leave to give a short Answer to what further was offered by the Advocate for the Prisoners, under this Head, namely, that they were ignorant of these Negotiations, and therefore the Crime of Piracy ought not to be imputed to them.

I must observe to Your Honours, It’s a settled Maxim in respect to the Breaches of Penal- Laws, Ignorantia non excusat Legem . And was the Fact truly so, who is chargeable with the Omission? The Chiefs and Delegates in Duty ought to apprize (as doubtless they did) their respective Tribes, of the said Articles of Pacification and Confirmation, and not the Government that stipulated with them. But from their own Words, and Words spoke in their hearing, as appeared in the Evidence, and also from the Circumstances in the Case, it must be collected they were fully sensible of all these Solemn Treaties and Proceedings; for ashoar one of them saluted the English as the French did aboard, by saying, It’s Peace; the English are now all one as Brothers ; And by their own Acknowledgement, they had seen and conversed with some of their Chiefs, that had at Annapolis Confirmed the said Articles of Pacification since such Confirmation, and once in particular, but a very inconsiderable Time before their perpetuating this their wicked Act; so that there is neither Colour or Shadow to suppose them Ignorant; or according to Law would such Ignorance exempt them for the Punishment justly due to their Demerits.

Therefore I doubt not but Your Honours will in like manner declare them Guilty, as You lately have the other Accomplices in these their wicked Actions.

The Advocate General having Concluded, the Court was cleared; Then the Commissioners fully and deliberately weighed and considered the Evidences against the Prisoners, and also the Defence made by them and their Advocate, together with Mr. Advocate General’s Replication &c . And Voted Unanimously, That the said James Mews , Philip Mews , and John Missel , were severally Guilty.

Then

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Then the Prisoners were brought to the Bar again, when the President Pronounced them severally Guilty of Piracy, Felony and Robbery, according to the Articles Exhibited against them.

Whereupon the Advocate General on His Majesty’s behalf, demanded Sentence against them.

And the Prisoners when ask’d what they had further to say, why Sentence of Death should not be Pronounced against them, alledging, they had nothing to say more than had been offered upon their Trial; The President of the Court accordingly Pronounced Sentence against them severally, in the Words following, viz . “You ---------- are to go “from hence to the place from whence you came, and from thence to the place of “Execution, and there to be hanged up by the Neck, until you are Dead; and the Lord “have Mercy upon your Soul.

F I N I S