THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, &c.

BY virtue of his Majesty's Commission of Oyer and Terminer and Goal Delivery, for the High Court of Admiralty of England, before the Right Worshipful Sir Thomas Salusbury< no role > , Knt. L. L. D. Judge of the High Court of Admiralty ; the Rt. Hon. William Lord Mansfield< no role > , Lord Chief Justice of the Court of King's Bench ; the Hon. Sir Richard Lloyd< no role > one of the Barons of the Court of Exchequer , held at Justice hall in the Old-Bailey, on Thursday the 30th of October, 1760 .

JOHN TUNE< no role > was convicted for piratically and feloniously boarding a ship called the Guilaume upon the high seas, within the jurisdiction of the Admiralty of England, about three leagues distance from Folkestone in the county of Kent , and assaulting and robbing Bartholomew Moy< no role > , the master thereof, of 104 pieces of white linen, value 140l. and thirty-four rolls of painted oilcloth, value 8l. on the 5th of August, 1758 .

It appeared on the trial, that the said ship was bound from Hamburgh to Bilboa and St. Sebastian . It was now two years since the piracy was committed; in which time, several material circumstances had slipt the memory of the principal witnesses; as Moy, Wyland, and others, for the prosecution: they deposed, however, that the privateer, of which John Tune< no role > was Captain, had fired a gun to bring to the said ship, and had sent a boat three times, with eight or ten men, t examine their papers and plunder their goods; to which they could not, or would not make resistance, being a free or neutral ship, and having on board only six men and a boy. The Goods so piratically taken, were partly seized by the Custom-house officers at Dover ; and the Guilaume being forced by contrary winds into the same port, discovered the pirates, and brought some of them to Justice; the Lieutenant of the Young Eagle< no role > , William Sterrick< no role > , and some of the men, were admitted evidence against the Captain, who was also said to be quarter owner of this little sloop, of about twenty tuns, carrying only six guns, of which four were swivels. The Captain, according to the witnesses story, would have sent his men yet oftener with the boat to bring away more goods; but they seem'd to have more honesty and refused to go again. They were assisted in this piracy by a man or two belonging to another small privateer, in company, commanded by one John Johnson< no role > , who would not join them, nor be concerned in this affair; while Capt. Tune is proved plainly to have been consenting and active in it, both before and after the fact, by seeing, receiving, and stowing away the goods when thus stolen; and also sharing them as prize among the captors and himself. Five sacks