The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1869-04-17
Extracts from thr ..Assambiy Proceed.
ings" Of the Province Of Nary land.

The 18th of March, lG57.---After the
the calling of the Roll, Then was
Thomas Smith called to the Bar, being
indicted of PIRACY, and Mr.. Secretary
made himself Attorney for the Lord
Proprietor and read his Lordship in
that behalf; then did the Attorney put
in the Indictment and demanded that
the Prisoner might lie arraj@nel upDn
"....t.l - ,.trat
Den. rc.ia. be !,.cg,; not -tl.i.v
Then did the Attorney inform the
House upon The indictment and pro-
duced the Deposition of John Jarbson
and Arthur Brooks and the Prisoner
pleaded all he had to say in his defence,
and the Attorney replied to it: and
when the Prisoner had no more to al
ledge for himself, he was demanded
whether he would challenge any in the
House that were to pass upon him, and
he challenged none Then they gave
their votes, and he was found not guilty
by John Halthide. Guilty by Robert
Perry (and ID others J and 3 gave
no vote either way because they were
not present at all the evidence"
Then was sentence pronounced by
the President in the name Of all the
t'rcemen in these words;
Thomas Smith, You have been m
1ictei for Felony and pyraey; 10 Your
indictment YOU have plead not Guilty
and you have been tired Ivy Ike Free
men in this General Assembly, who
have found you Guilty and pronounced
this sentence upon you-that you shall
he carried from hence to the place from
whence YOU came Il thence to the Place
of Execution, and shall he there hanged
by the neck till you he dead, and that
all your Lands, Goods aud Chat,cls
shall be forfeited to the Lord Propric-
lor, saving that your wife shall have
her Dover; and God have Mercy upon
your Soul
Judgment affirmed and approved by
special consent by word Of mouth by
Captain Cornwaleys, and Is others.
Then did the Prisoner demand his
Clergy, but it was answered by the
President THAT CLERGY COULD NOT BE
ALLOWED IN HIS cRIMF, and if it might,
yet now, it was demanded to late after
Judgment
Then departed out of the House
Captain Cornwaleys, Cuthbut Fene-
wick, William Lewis, Sohn hewitt, An
thony Cotton, Edward Fleete and
Cyprian Throughgood
Then was the House moved bv the
Attorney to inquire of the Death of
William Ashmore, Ratcliff Warren,
John Bettson & William Dawson and
the House having heard the Evidence
of Cyprian Throughgood, John hewitt,
Cuthbut Fcnevick and Edward Fleete,
did find that the said Ratcliff Warren,
John Bettson, William Dawson, with
divers others, did assault the VESSEL
of Captain Cornwaleys and his Compa-
ny feloneously and as PIRATES al d
Robbers, to take the said vessel and
did discharge divers pieces charged
with Bullet and Shot Against the
said Captain Cornwaleys and his Com
pany. Whereupon and after such as
sault made, the said Thomas Corn
valleys and his Company in defence of
themselves and safeguard of their Lives,
not being able to fly further from
them, after warning given to the as
sailants to desist from assaulting them
at their own PERIL, did discharge some
Guns upon the said Ratclff Warren and
his Company, of which shots the said
Ratcliff Warren, John Bettson and
William Dawson died and so they find
that the said Thomas Cornwaievs did
lawfully and in their own necessary de-
fence, kill the said Ratciff Warren,
John Bettson ond William Dawson,
and do acquit the said Thomas Corn
valleys and his Company of the death
of the said Ratcliff Warren, John Bett-
son and William Dawson.
And they further find that the said
Ratclitf Warren and his Company did
discharge their Guns against the
said Thomas Cornwalcys and his Com
pany and did kill the said William
Ashmore being one of the Company of
the said Thomas Cornwaleys, as fclons,
PIRATES and Murderers