<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>323, 324, 325. (M.)
<persName id="t17591024-24-defend270" type="defendantName"> John Neale
<interp inst="t17591024-24-defend270" type="surname" value="Neale"/>
<interp inst="t17591024-24-defend270" type="given" value="John"/>
<interp inst="t17591024-24-defend270" type="gender" value="male"/> </persName> ,
<persName id="t17591024-24-defend272" type="defendantName"> Matth.ew Makepeace
<interp inst="t17591024-24-defend272" type="surname" value="Makepeace"/>
<interp inst="t17591024-24-defend272" type="given" value="Matth.ew"/>
<interp inst="t17591024-24-defend272" type="gender" value="male"/> </persName> , and
<persName id="t17591024-24-defend274" type="defendantName"> Joshua Squire
<interp inst="t17591024-24-defend274" type="surname" value="Squire"/>
<interp inst="t17591024-24-defend274" type="given" value="Joshua"/>
<interp inst="t17591024-24-defend274" type="gender" value="male"/> </persName> , were indicted, the first for
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<interp inst="t17591024-24-off115" type="offenceCategory" value="kill"/>
<interp inst="t17591024-24-off115" type="offenceSubcategory" value="murder"/> the wilful murder of
<persName id="t17591024-24-victim276" type="victimName"> Thomas Nogan
<interp inst="t17591024-24-victim276" type="surname" value="Nogan"/>
<interp inst="t17591024-24-victim276" type="given" value="Thomas"/>
<interp inst="t17591024-24-victim276" type="gender" value="male"/>
<join result="offenceVictim" targOrder="Y" targets="t17591024-24-off115 t17591024-24-victim276"/> </persName> , and the two others for aiding, abetting, comforting, and assisting him in committing the said murder </rs>,
<rs id="t17591024-24-cd116" type="crimeDate">Sept. 27</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17591024-24-off115 t17591024-24-cd116"/>. ++</p>
<p>Alexandor Wilson. I am cook to the
<placeName id="t17591024-24-crimeloc117">Phenix Hospital-Ship</placeName>
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<join result="offencePlace" targOrder="Y" targets="t17591024-24-off115 t17591024-24-crimeloc117"/>.</p>
<p>Q. Where does she lie?</p>
<placeName id="t17591024-24-crimeloc118">She lies against the Tower-Stairs</placeName>
<interp inst="t17591024-24-crimeloc118" type="placeName" value="She lies against the Tower-Stairs"/>
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<join result="offencePlace" targOrder="Y" targets="t17591024-24-off115 t17591024-24-crimeloc118"/>. On the 27th of September last, I think between the hours of four and five in the afternoon
<persName id="t17591024-24-person277"> Thomas Nogan
<interp inst="t17591024-24-person277" type="surname" value="Nogan"/>
<interp inst="t17591024-24-person277" type="given" value="Thomas"/>
<interp inst="t17591024-24-person277" type="gender" value="male"/> </persName> was on the deck to get the air. It is a common thing for press'd men.</p>
<p>Q. Was he a press'd man?</p>
<p>Wilson. He was, to the best of my knowledge; he was brought on board as such. I did not see him press'd: he walk'd fore and aft the main deck. One of the ship's people had him in charge, as is usually the case, about five o'clock it seem'd to rain a little; I went down into my cabbin in order to put on my
<xptr type="pageFacsimile" doc="175910240033"/> coat, and I heard a gun pop off while I was below. I came up, and as I was coming up the ladder I heard a second go off.</p>
<p>Q. Was any body on the dock ?</p>
<p>Wilson. There was Squires, and the centry that had the deceased in charge, looking over the commodation-lader. I saw nobody on the main-deck but them two. I asked, What noise was that? The first time nobody made answer; I asked a second time; I think Squires said, There is a man shot. I directly asked them by whose order; they made no answer: I stepp'd off to the quarter-deck, seeing two
<rs id="t17591024-24-deflabel119" type="occupation">marines</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17591024-24-defend270 t17591024-24-deflabel119"/> standing there, one of them had a piece in his hand; Neal was one of them. I said to him, Who commanded you to fire; said he, I know who commanded me to fire. I was commanded to fire, before I did do it, by the Steward. I said, Which of the
<rs id="t17591024-24-deflabel120" type="occupation">Stewards</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17591024-24-defend272 t17591024-24-deflabel120"/>; The stout man; he described Makepeace. I went to Makepeace, he was standing on the ladder, going down into the Gun-room. I asked him, Did you command this man to fire on the man; he said, He did not command it.</p>
<p>Q. Did you hear any body give co mmand to fire.</p>
<p>Wilson. I did hear the word Fire; and I heard it repeated again. I went to Squire after this, he was on the gunnel on the main-deck, and the man was coming along-side in a boat; the people were bringing him on board. I was in a passion, I must own; there was not a proper officer on board.</p>
<p>Q. What man were they bringing on board?</p>
<p>Wilson. The deceased,
<persName id="t17591024-24-person278"> Thomas Nogan
<interp inst="t17591024-24-person278" type="surname" value="Nogan"/>
<interp inst="t17591024-24-person278" type="given" value="Thomas"/>
<interp inst="t17591024-24-person278" type="gender" value="male"/> </persName> ; Squire was leaning over the side: I said, Did you command to fire upon this man; he said, No, I did not; If you charge me with it, I'll put you in the Hold.</p>
<p>Cross Examination.</p>
<p>Q. What ship is this?</p>
<p>Wilson. The Phenix Hospital-ship, in the King's service.</p>
<p>Q. What prisoners had you on board this ship ?</p>
<p>Wilson. We had four pyrates, that is, reported to be so, which were sent from the Royal.</p>
<p>Q. How many pressed men had you on that ship?</p>
<p>Wilson. Really I do not know, because they are kept by themselves.</p>
<p>Q. Had you ten?</p>
<p>Wilson. I do not know that we had.</p>
<p>Q. Had you five?</p>
<p>Wilson. I do not know.</p>
<p>Q. Had you two?</p>
<p>Wilson. I do not know what we had.</p>
<p>Q. Was Meekins on board ?</p>
<p>Wilson. Yes, he was.</p>
<p>Q. Was it reported that you had a good many pressed on board ?</p>
<p>Wilson. I am sure there were some.</p>
<p>Q. Did you look upon the deceased to be a pressed man?</p>
<p>Wilson. I did; he had not been long on board us.</p>
<p>Q. What do you call long?</p>
<p>Wilson. A day or two, or three.</p>
<p>Q. What officers had you on board?</p>
<p>Wilson. We had no warrant-officer on board except me.</p>
<p>Q. Who was the superior officer on board?</p>
<p>Wilson. Squire's acted as turnkey.</p>
<p>Q. What is he?</p>
<p>Wilson. He is
<rs id="t17591024-24-deflabel121" type="occupation">Boatswain's steward</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17591024-24-defend274 t17591024-24-deflabel121"/>; he acted instead of Boatswain, when the Boatswain was absent; by his orders, the Boatswain made him his steward.</p>
<p>Q. What is Neal?</p>
<p>Wilson. He is a marine on board.</p>
<p>Q. How many marines had you on board besides Neal?</p>
<p>Wilson. We have only he had another; they were guards-men over the pyrates.</p>
<p>Q. Were they not guards over all the prisoners on board?</p>
<p>Wilson. We had no guards 'till the pyrates were brought on board. I understand them to be a centry over the pyrates.</p>
<p>Q. What is your reason for understanding it so; did you hear any order given?</p>
<p>Wilson. I did not.</p>
<persName id="t17591024-24-person279"> John Walker
<interp inst="t17591024-24-person279" type="surname" value="Walker"/>
<interp inst="t17591024-24-person279" type="given" value="John"/>
<interp inst="t17591024-24-person279" type="gender" value="male"/> </persName> . I was a mariner on board that hospital-ship, when this affair happened; there
<xptr type="pageFacsimile" doc="175910240034"/> was
<persName id="t17591024-24-person280"> John Meekins
<interp inst="t17591024-24-person280" type="surname" value="Meekins"/>
<interp inst="t17591024-24-person280" type="given" value="John"/>
<interp inst="t17591024-24-person280" type="gender" value="male"/> </persName> along with Makepeace siting in his cabbin; it was about three or four o'clock.</p>
<p>Q. What was Meekins?</p>
<p>Walker. He was a pressed man, belonging to the Doctor's ward; I heard a noise, and we went upon the main-deck to see what was the matter; Makepeace went first and I followed him; as soon as I came upon deck, I heard these words, Stop the man; likewise, Fire.</p>
<p>Q. Can you tell who said that word Fire?</p>
<p>Walker. I am not certain who it was, because the ship's company were all in a flurry.</p>
<p>Q. Did you hear any body repeat the word?</p>
<p>Walker. Makepeace repeated it after that; he unhappily cried Fire, repeating the word from them that first spoke it.</p>
<p>Q. What distance was Makepeace from Neal?</p>
<p>Walker. He was just by him on the quarterdeck; not above two or three yards.</p>
<p>Q. What was done afterwards?</p>
<p>Walker. The centinel Neal, said, If I have orders to fire, I'll fire, and took up his piece; and after that, the word fire was said again, and the other repeated it afterwards, and he fired a second time. I stood close along-side Neal when he fired.</p>
<p>Q. How near was the deceased to the ship?</p>
<p>Walker. I believe he was about forty yards distance in a boat; the first fire was what was the death of the man; he failed in his rowing upon the first fire; they brought him on board, and I carried him down into the Doctor's ward on my back: we asked him which shot hit him; he told us twice, It was the first shot that hit him. I held him while he was dressed.</p>
<p>Q. After the first fire, What did the prisoner Makepeace say?</p>
<p>Walker. After the first fire, there were still crying out Fire again: Several people called so, not one nor two, but more; Makepeace said, Do not fire any more, for I believe the poor man is hurt already; there was a boat in pursuit of him, and the men called and desired they would fire no more, for they could take him.</p>
<p>Q. Which way was the deceased making?</p>
<p>Walker. He was making towards the Tower-stairs.</p>
<p>Q. How near were they to him, that were in quest of him ?</p>
<p>Walker. They were within twenty yards of him.</p>
<p>Q. Do you believe they might have taken him, if he had not been fired at?</p>
<p>Walker. I do believe they might, because the deceased did not understand rowing the boat very well; and there were people on shore might have stopped him, but people are willing to give a pressed man as much quarters as they can.</p>
<p>Q. Who was it that called out Fire first?</p>
<p>Walker. I took it to be Squire.</p>
<p>Q. How long was it between the first and second firing?</p>
<p>Walker. I do not believe there was above a minute distance.</p>
<p>Q. Whenever a pressed man offered to make his escape, did you ever hear an order to fire at him?</p>
<p>Walker. I never saw a man endeavour to make his escape before.</p>
<p>Q. Was you ever at sea?</p>
<p>Walker. No. I have not.</p>
<p>Q. Was you ever a pressing about with others?</p>
<p>Walker. Yes, with a lieutenant.</p>
<p>Q. Is it usual to carry fire-arms on such an occasion?</p>
<p>Walker. We never carry fire-arms.</p>
<persName id="t17591024-24-person281"> James Prichard
<interp inst="t17591024-24-person281" type="surname" value="Prichard"/>
<interp inst="t17591024-24-person281" type="given" value="James"/>
<interp inst="t17591024-24-person281" type="gender" value="male"/> </persName> . On the 27th of September the Tender went away, and there were no pressed men on board.</p>
<p>Q. What are you?</p>
<p>Pritchard. I was waterman belonging to the Phenix; this Nogan that is dead, was brought on board the Phenix as a pressed man; in the afternoon I was gone on shore to fetch some beer for the four pyrates that were on board.</p>
<p>Q. When did the pyrates come on board the Phenix?</p>
<p>Prichard. They came that day, or the day before. The prisoner Neal and another marine were centinels over them; they came with them as a guard; as soon as I brought the beer, and had carried it on the quarter-deck,
<xptr type="pageFacsimile" doc="175910240035"/> in about ten minutes time I heard somebody say, A man had made his escape from the centry; I made haste down the ladder into a press-gang's boat, and got in persuit after him, and was within about twenty yards of him when he was shot.</p>
<p>Q. Which way was he rowing?</p>
<p>Prichard. He was rowing towards Tower-stairs.</p>
<p>Q. Should you have re-taken him before he got to Tower-stairs had there been no firing?</p>
<p>Prichard. Yes: I heard firing, but do not know who gave the command to fire.</p>
<p>Q. What happened to the deceased?</p>
<p>Prichard. As soon as he found himself wounded he leaned round on his right side, and put his hand over and got hold of my boat; there were two holes made with the balls in the boat.</p>
<p>Q. Were not the holes there before?</p>
<p>Prichard. No, they were not: he desired me to come on board him as fast as I could; I made the press-gang's boat fast to the other, and tow'd the boat, and desired another boat also to take me in tow, and brought him on board the ship.</p>
<p>Q. At the time of this firing, who was on board that had any command.</p>
<p>Prichard. The Boatswain was on shore.</p>
<p>Q. Where was the Regulating Captain?</p>
<p>Prichard. He was on shore; the only warrant-officer that I know of on board at that time was the Cook.</p>
<p>Q. It is customary at any time to fire at a person on board that shall endeavour to escape?</p>
<p>Prichard. I cannot tell; I belong'd to her but about a fortnight.</p>
<p>Q. Has the Surgeon's Steward an equal power with the Surgeon?</p>
<p>Prichard. No.</p>
<p>Q. Has the Boatswain's Steward a power to act when the Boatswain is not there ?</p>
<p>Prichard. He has.</p>
<p>Q. Have either of them power to give an order to fire?</p>
<p>Prichard. No, none of them.</p>
<p>Q. Was there any expression with an oath, why don't you fire?</p>
<p>Prichard. I heard it, but cannot say who spoke it; I was then in persuit of the man.</p>
<p>Q. Was the deceased called to by any body before the firing ?</p>
<p>Prichard. I heard them call, Stop the man. I do not know whether he was call'd to.</p>
<p>Q. How many press'd men were there on board ?</p>
<p>Prithard. I do not know of any more than the deceased, and one more.</p>
<persName id="t17591024-24-person282"> Samuel Black
<interp inst="t17591024-24-person282" type="surname" value="Black"/>
<interp inst="t17591024-24-person282" type="given" value="Samuel"/>
<interp inst="t17591024-24-person282" type="gender" value="male"/> </persName> . I came on board this ship on the 26 of September.</p>
<p>Q. Who came along with you?</p>
<p>Black. There came four pirates, and
<persName id="t17591024-24-person283"> Jack Neal
<interp inst="t17591024-24-person283" type="surname" value="Neal"/>
<interp inst="t17591024-24-person283" type="given" value="Jack"/>
<interp inst="t17591024-24-person283" type="gender" value="male"/> </persName> the prisoner.</p>
<p>Q. What are you?</p>
<p>Black. I am a Marine.</p>
<p>Q. What ship did you come from?</p>
<p>Black. We came from the Princess Royal at the Nore:
<persName id="t17591024-24-person284"> Jack Neal
<interp inst="t17591024-24-person284" type="surname" value="Neal"/>
<interp inst="t17591024-24-person284" type="given" value="Jack"/>
<interp inst="t17591024-24-person284" type="gender" value="male"/> </persName> and I came to guard the pirates on board the Phenix.</p>
<p>Q. Was there an officer with you?</p>
<p>Black. There was; and he ordered us to look after the pirates, the four pirates. Neal and I were upon the poop, our two pieces were at the wheel at the quarter-deck loaded; there was a noise, that a press'd man was escaping from the ship; I heard the words, Come to, come to.</p>
<p>Q. Who spoke the words, come to?</p>
<p>Black. I do not know; the next word I heard was Fire.</p>
<p>Q. Was you near your comrade when he did fire?</p>
<p>Black. I was at no great distance from him.</p>
<p>Q. Did Neal obey the word?</p>
<p>Black. He did. Neal fired.</p>
<p>Q. Did he hit the man in the boat?</p>
<p>Black. I believe he did.</p>
<p>Q. Did you see the man brought on board ?</p>
<p>Black. I did.</p>
<p>Q. Who gave the command to fire?</p>
<p>Black. I cannot tell; I was looking to see who the man was that was escaping.</p>
<p>Q. How many were the whole ship's crew ?</p>
<p>Black. It is a twenty gun ship, and this was the second day that I belong'd to her; I cannot tell.</p>
<p>Q. to Prichard. Can you tell?</p>
<xptr type="pageFacsimile" doc="175910240036"/>Prichard. There were about twenty pressed and enter'd men; six in the hold, and about twelve or fourteen in the sick ward, and about nine or ten before the mast, and two officers.</p>
<persName id="t17591024-24-person285"> William Meekins
<interp inst="t17591024-24-person285" type="surname" value="Meekins"/>
<interp inst="t17591024-24-person285" type="given" value="William"/>
<interp inst="t17591024-24-person285" type="gender" value="male"/> </persName> . I had been on board the Phenix about six weeks.</p>
<p>Q. What are you?</p>
<p>Meekins. I am a press'd man.</p>
<p>Q. How many press'd men were there on board your ship besides you?</p>
<p>Meekins. There were about half a score.</p>
<p>Q. Was
<persName id="t17591024-24-person286"> Thomas Nogan
<interp inst="t17591024-24-person286" type="surname" value="Nogan"/>
<interp inst="t17591024-24-person286" type="given" value="Thomas"/>
<interp inst="t17591024-24-person286" type="gender" value="male"/> </persName> one of them?</p>
<p>Meekins. He was: I was smoking my pipe along with Makepeace and
<persName id="t17591024-24-person287"> John Walker
<interp inst="t17591024-24-person287" type="surname" value="Walker"/>
<interp inst="t17591024-24-person287" type="given" value="John"/>
<interp inst="t17591024-24-person287" type="gender" value="male"/> </persName> in his apartment; hearing an uproar upon the deck, I took little notice about it, 'till the word fire was given; Makepeace went upon the deck, Walker went second and I third; Squire gave the word fire; and after him Makepeace said fire.</p>
<p>Q. What were the words he made use of?</p>
<p>Meekins. He said, fire; he ordered the centry to fire; and Makepeace repeated the word fire after him; then the soldier fired.</p>
<p>Q. Who do you call the soldier?</p>
<p>Meekins. That is Neal; after which Make-peace call'd out, For God's sake, fire no more; Squire would have had him to fire again, but Makepeace was against it; I believe the man was shot then, for he laid by his scull and turn'd on his side; after that, Squire repeated the the word with an oath to the soldier to fire again; then the soldier took up a piece and fired again a second time.</p>
<p>Q. Had he had time betwixt the two firings to charge his piece again?</p>
<p>Meekins. He took up the other marine's piece, and fired that the second time.</p>
<p>Q. Was this after Makepiece had desired the centinel not to fire?</p>
<p>Meekins. It was.</p>
<p>Q. What are Squire and Makepeace?</p>
<p>Meekins. Squire is Boatswain's Steward, and Makepeace is Surgeon's Steward.</p>
<p>Q. to Black. How came you not to tell that Neal took your musket to fire the second time?</p>
<p>Black. They were both lying together.</p>
<p>Q. Did he take it out of your hand?</p>
<p>Black. No, he did not: but he took it up and fired it.</p>
<persName id="t17591024-24-person288"> Joseph Gibbons
<interp inst="t17591024-24-person288" type="surname" value="Gibbons"/>
<interp inst="t17591024-24-person288" type="given" value="Joseph"/>
<interp inst="t17591024-24-person288" type="gender" value="male"/> </persName> . I am a Volunteer on board the Phenix; on the twenty-seventh of September last I was on board, but did not see the firing when it first began; Squire was in the Boatswain's cabbin; there was an uproar that a man was got over the ship's side; we ran up; they call'd, Stop the man; and call'd to the man to come back; he would not.</p>
<p>Q. Who call'd to him to come back?</p>
<p>Gibbons. The centry call'd to him; then he was fired at, at the first firing he failed in his rowing.</p>
<p>Q. Who fired?</p>
<p>Gibbons. I did not see the firing, so cannot say who fired.</p>
<persName id="t17591024-24-person289"> William Davis
<interp inst="t17591024-24-person289" type="surname" value="Davis"/>
<interp inst="t17591024-24-person289" type="given" value="William"/>
<interp inst="t17591024-24-person289" type="gender" value="male"/> </persName> . I was between decks, eating some bread and cheese.</p>
<p>Q. What are you on board the Phenix?</p>
<p>Davis. I am a common hand, before the mast; I heard them cry out, Stop the man; by and by I heard them cry, Fire; then I ran upon deck; as soon as I came there, I look'd over the side and saw a man in a boat lying down on his right side working with his left-hand, making for Tower-stairs.</p>
<p>Q. Did he seem to be hurt?</p>
<p>Davis. He seemed to me so: I believe the first shot struck him.</p>
<p>Q. Did you see any boats after him?</p>
<p>Davis. I did: I had not time to speak before the other gun fired.</p>
<persName id="t17591024-24-person290"> John Uperton
<interp inst="t17591024-24-person290" type="surname" value="Uperton"/>
<interp inst="t17591024-24-person290" type="given" value="John"/>
<interp inst="t17591024-24-person290" type="gender" value="male"/> </persName> . I was upon deck, on board the Phenix, when this misfortune happen'd; I heard them cry, Stop the boat; Stop the boat; Stop the man.</p>
<p>Q. How far was the man from the ship's side.</p>
<p>Uperton. I believe about twenty yards; the man was a press'd man.</p>
<p>Q. Who cry'd, Fire?</p>
<p>Uperton. Several people did on the deck; when the peice was fired off, the man in the boat was about forty yards from the ship; the first piece I believe struck the man.</p>
<p>When the Coroner was about calling the evidences to prove how the prisoner died, the Counsel for all the prisoners admitted it, that
<xptr type="pageFacsimile" doc="175910240037"/> the deceased died of the wound given him at that time.</p>
<p>Coroner. He died in the hospital four days after the wound given.</p>
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<interp inst="t17591024-24-verdict122" type="verdictCategory" value="guilty"/>
<interp inst="t17591024-24-verdict122" type="verdictSubcategory" value="manslaughter"/> Guilty of Manslaughter </rs>.</p>
<rs id="t17591024-24-punish123" type="punishmentDescription">
<interp inst="t17591024-24-punish123" type="punishmentCategory" value="miscPunish"/>
<interp inst="t17591024-24-punish123" type="punishmentSubcategory" value="branding"/>
<join result="defendantPunishment" targOrder="Y" targets="t17591024-24-defend270 t17591024-24-punish123"/>
<join result="defendantPunishment" targOrder="Y" targets="t17591024-24-defend272 t17591024-24-punish123"/>
<join result="defendantPunishment" targOrder="Y" targets="t17591024-24-defend274 t17591024-24-punish123"/>
<note>[Branding.]</note> </rs> </p> </div1></div0>

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