On the 5th of July 1723, he was brought to his Tryal, at a Court of Admiralty held at the Old-Baily, when Captain Ruſſel, Governor Whitney’s Son, and others, appeared as Evidences, by whom the Indictment was plainly proved againſt him; which, if it had not been done, the Captain was of ſuch an heroick Spirit, that he would have deny’d nothing; for inſtead of making a Defence, he only entertained the Court with a long Narrative of his Expedition, from the firſt ſetting out, to his Return to England, mentioning two Acts of Pyracy committed by him, which he was not charged with, often challenging the Evidences to contradict him, if in any Thing he related the leaſt Syllable of an Untruth; and inſtead of denying the Crimes ſet forth in the Indictment, he charged himſelf with various Circumſtances, which fixed the Facts more home upon him. Upon the whole, the Captain was found Guilty, received Sentence of Death, and was executed three Weeks after, at Execution-Dock.
We return now to Lowther, whom we left cruiſing off Hiſpaniola, from whence he plyed to Windward, and, near Porto Rico, chaſed two Sail, and ſpoke with them; they proving to be a ſmall Briſtol Ship, commanded by Captain Smith, and a Spaniſh Pyrate, who had made Prize of the ſaid Ship. Lowther examined into the Spaniard’s Authority for taking an Engliſh Veſſel, and threat’ned to put every Man of them to death, for ſo doing; ſo that the Spaniards fancied themſelves to be in a very pittiful Condition, till Matters cleared up, and they found their Maſters as great Rogues as themſelves, from whom ſome Mercy might be expected, in regard to the near Relation they ſtood with them, as to their Profeſſion; in ſhort, Lowther firſt rifled, and then burnt both the Ships, ſending the Spaniards away in their
