On the whole, the Court was of Opinion Artists had the best Pretension to the Plea of Force, from the Necessity Pyrates are sometimes under of engaging such, and that many Parts of his own Defence had been confirmed by the Evidence, who had asserted he acted with Reluctance, and had expressed a Concern and Trouble for the little Hopes remained to him, of extricating himself. That he had used all Prisoners (as they were called) well, at the hazard of ill Usage to himself. That he had not in any military Capacity assisted their Robberies. That he had twice endeavoured his Escape, with the utmost Danger. _Acquitted him._ Captain _James Skyrm._ IT appeared from the Evidence of several Prisoners acquitted, that this _Skyrm_ commanded the _Ranger_, in that Defence she made against the King's Ship; that he ordered the Men to their Quarters, and the Guns to be loaded and fired, having a Sword in his Hand, to enforce those Commands; and beat such to their Duty whom he espied any way negligent or backward. That altho' he had lost a Leg in the Action, his Temper was so warm, as to refuse going off the Deck, till he found all was lost. In his Defence, he says, he was forced from a Mate's Employ on Board a Sloop call'd the _Greyhound_, of St. _Christophers, Oct._ 1720. The Pyrate having drubbed him, and broke his Head, only for offering to go away when that Sloop was dismissed. Custom and Success had since indeed blunted, and, in some Measure, worn out the Sense of Shame; but that he had really for several Months past been sick, and disqualified for any Duty, and though _Roberts_ had forced him on this Expedition much against his Will, yet the Evidence must be sensible, the Title of Captain gave him no Pre-eminence, for he could not be obeyed, though he had often called to them, to leave off their Fire, when he perceived it to be the King's Ship. The Sickness he alledged, but more especially the Circumstance of losing his Leg, were Aggravations of his Fault, shewing him more alert on such Occasions, than he was now willing to be thought: As to the Name of Captain, if it were allowed to give him no Precedence out of Battle, yet here it was proved a Title of Authority; such an Authority as could direct an Engagement against the King's Colours, and therefore he was in the highest Degree, _Guilty._ _John Walden._ CAptain _John Trahern_, and _George Fenn_, deposed, the Prisoner to be one of the Number, who, in an open Boat, pyratically assailed, and took their Ship, and was remarkably busy at Mischief, having a Pole-Ax in his Hand, which served him instead of a Key, to all the lock'd Doors and Boxes he come nigh: Also in particular, he cut the Cable of our Ship, when the other Pyrates were willing, and busied at heaving up the Anchor, saying, Captain, what signifies this Trouble of _Yo Hope_ and straining in hot Weather; there are more Anchors at _London_, and besides, your Ship is to be burnt.