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Captain Kidd, His Trial and Death

As the under dog in a situation where the most powerful influences of England conspired to blacken his name and take his life, Captain William Kidd, even at this late day, deserves to be heard in his own defense. That he was unfairly tried and condemned is admitted by various historians, who, nevertheless, have twisted or overlooked the facts, as if Kidd were, in sooth, a legendary character. This blundering, careless treatment is the more surprising be-cause Kidd was made a political issue of such importance as to threaten the overthrow of a Ministry and the Parliamentary censure of the King himself. At the height of the bitter hostility against Somers, the Whig Lord Chancellor of William III, the Kidd affair presented itself as a ready weapon for the use of his political foes. "About the other patrons of Kidd the chiefs of the opposition cared little," says Macauley.1 "Bellomont was far removed from the political scene. Romney could not, and Shrewsbury would not play a first part. Orford had resigned his employments. But Somers still held the Great Seal, still presided in the House of Lords, still had constant access to the closet. The retreat of his friends had left him the sole and undisputed head of that party which had, in the late Parliament, been a ma 1 History of England. jority, and which was in the present Parliament out-numbered indeed, disorganized and threatened, but still numerous and respectable. His placid courage rose higher and higher to meet the dangers which threatened him. `In their eagerness to displace and destroy him, they overreached themselves. Had they been con-tent to accuse him of lending his countenance, with a rashness unbecoming his high place, to an ill-concerted scheme, that large part of mankind which judges of a plan simply by the event would probably have thought the accusation well founded. But the malice which they bore to him was not to be so satisfied. They affected to believe that he had from the first been aware of Kidd's character and de-signs. The Great Seal had been employed to sanction a piratical expedition. The head of the law had laid down a thousand pounds in the hopes of receiving tens of thousands when his accomplices should return laden with the spoils of ruined merchants. It was fortunate for the Chancellor that the calumnies of which he was object were too atrocious to be mischievous. "And now the time had come at which the hoarded ill-humor of six months was at liberty to explode. On the sixteenth of November the House met. . There were loud complaints that the events of the preceding session had been misrepresented to the public, that emissaries of the Court, in every part of the kingdom, declaimed against the absurd jealousies or still more absurd parsimony which had refused to his Majesty the means of keeping up such an army as might secure the country against invasion. Angry resolutions were passed, declaring it to be the opinion of the House that the best way CAPTAIN KIDD, HIS TRIAL AND DEATH 99 to establish entire confidence between the King and the Estates would be to put a brand on those evil advisers who had dared to breathe in the royal ear calumnies against a faithful Parliament. "An address founded on these resolutions was voted ; many thought that a violent rupture was inevitable. But William returned an answer so prudent and gentle that malice itself could not prolong the dispute. By this time, indeed, a new dispute had begun. The address had scarcely been moved when the House called for copies of the papers relating to Kidd's expedition. Somers, conscious of his innocence, knew that it was wise as well as right and resolved that there should be no concealment. "Howe raved like a maniac. `What is to become of the country, plundered by land, plundered by seat Our rulers have laid hold of our lands, our woods, our mines, our money. And all this is not enough. We cannot send a cargo to the farthest ends of the earth, but they must send a gang of thieves after it.' Harley and Seymour tried to carry a vote of censure without giving the House time to read the papers. But the general feeling was strongly for a short delay. At length on the sixth of December, the subject was considered in a committee of the whole House. Shower undertook to prove that the letters patent to which Somers had put the Great Seal were illegal. Cowper re-plied to him with immense applause, and seems to have completely refuted him. "At length, after a debate which lasted from mid-day till nine at night, and in which all the leading members took part, the committee divided on the question that the letters patent were dishonorable to the King, inconsistent with the laws of nations, 100 THE BOOK OF BURIED TREASURE contrary to the statutes of the realm, and destructive of property and trade. The Chancellor's enemies had fell confident of victory, and made the resolution so strong in order that it might be impossible for him to retain the Great Seal. They soon found that it would have been wise to propose a gentler censure. Great numbers of their adherents, convinced by Cowper's arguments, or unwilling to put a cruel stigma on a man of whose genius and accomplishments the nation was proud, stole away before the doors were closed. To the general astonishment, there were only one hundred and thirty-three Ayes to one hundred and eighty-nine Noes. That the city of London did not consider Somers as the destroyer, and his enemies as the protectors of trade, was proved on the following morning by the most unequivocal of signs. As soon as the news of the triumph reached the Royal Exchange, the price of stocks went up." There is a very rare pamphlet which illuminates the matter in much more detail. It was written and published as a defense of Bellomont and his partners and the very length, elaboration, and heat of its argument shows how furiously the political pot was boiling while Kidd was imprisoned in London awaiting his trial. This ex parte production is en-titled "A Full Account of the Actions of the Late Famous Pyrate, Captain Kidd, With the Proceedings against Him and a Vindication of the Right Honourable Richard, Earl of Bellomont, Lord Ca-loony, late Governor of New England, and other Honourable Persons from the Unjust Reflections Cast upon Them. By a Person of Quality." 2 It is herein recorded that the arguments to sup 2 Published in 1701. CAPTAIN KIDD, HIS TRIAL AND DEATH 101 port the question moved in Parliament were : "1That by law the King could not grant the Goods of Pirates, at least, not before conviction. "2That the Grant was extravagant, for all Goods of Pirates, taken with or by any persons in any part of the world, were granted away. "3Not only the Goods of the Pirates, but all Goods taken with them were granted, which was illegal, because tho' the Goods were taken by Pirates, the rightful Owners have still a Title to them, Piracy working no change of Property. "5By this Grant a great Hardship was put upon the Merchants whose Goods might be taken with the Pirates, for they had nowhere to go for Justice. They could not hope for it in the Chancery, the Lord Chancellor being interested; nor at the Board of Admiralty where the Earl of Orford presided; nor from the King, all access to him being by the Duke of Shrewsbury; nor in the Plantations where the Earl of Bellomont was. So the only Judge who the Pirates were, and what goods were theirs, was Captain Kidd himself." Whatsoever may have been wrong with his con-tract or his commissions, and Parliament sustained them by vote as already mentioned, Captain Kidd cannot be held blameworthy on this score. And it is absurd to call him a premeditated pirate who sailed from Plymouth with evil purpose in his heart. His credentials and endorsements, his record as a ship-master, and his repute at home, cannot be set aside. They speak for themselves. Nor is it possible to reconcile the character of the man, as he was known by his deeds up to that time, with the charges laid against him. It is worth noting that the complaints made against 102 THE BOOK OF BURIED TREASURE his conduct in the waters of the Far East came from the East India Company which denounced and pro-claimed him as a pirate with a price on his head. It was a case of the pot calling the kettle black. Al-though the House of Commons had decided five years before that the old Company should no longer have a monopoly of English trade in Asiatic seas, the merchants of London or Bristol dared not fit out ventures to voyage beyond the Cape of Good Hope, and found it necessary to send their goods in the ships that flew the flag of India House. The private trader still ran grave of being treated as a smuggler, if not as a pirate. "He might, indeed, if he was wronged, apply for redress to the tribunals of his country. But years must elapse before his cause could be heard; his witnesses must be conveyed over fifteen thousand miles of sea; and in the meantime he was a ruined man." 3 This powerful corporation which ruled the Eastern seas as it pleased, confiscating the ships and goods of private traders, accused Kidd of seizing two ships with their cargoes which belonged to the Great Mogul, and of several petty depredations hardly to be classed as piracy. The case against him was built up around the two vessels known as the November and the Quedah Merchant. His defense was that on board these prizes he had found French papers, or safe conduct passes made out in the name of the King of France and issued by the French East India Company. He therefore took the ships as lawful commerce of the enemy. The crews of such trading craft as these comprised men of many nations, Arabs, Lascars, Portuguese, French, Dutch, English, Armenian, and Heaven 3 Macauley.

CAPTAIN KIDD, HIS TRIAL AND DEATH 103 knows what else. The nationality of the skipper, the mate, the supercargo, or the foremast hands had nothing to do with the ownership of the vessel, or the flag under which she was registered, or chartered. The papers found in her cabin determined whether or not she should be viewed as a prize of war, or permitted to go on her way. In order to protect the ship as far as possible, it was not unusual for the master to obtain two sets of papers, to be used as occasion might require, and it is easily possible that the Quedah Merchant, trading with the East India Company, may have taken out French papers, in order to deceive any French privateer or cruiser that might be encountered. Nor did the agents of the East India Company see anything wrong in resorting to such subterfuges. The corner stone of Kidd's defense and justification was these two French passes, which precious documents he had brought home with him, and it was admitted even by his enemies that the production of them as evidence would go far to clear him of the charges of piracy. That they were in his possession when he landed in New England and that Bellomont sent them to the Lords of Plantations in London is stated in a letter quoted in the preceding chap-ter. The documents then disappeared, their very existence was denied, and Kidd was called a liar to his face, and his memory damned by historians writing later, for trying to save his neck by means of evidence which he was powerless to exhibit. It would appear that these papers were not produced in court because it had been determined that Kidd should be found guilty as a necessary scapegoat. But he told the truth about the French passes, and after remaining among the state papers for 104 THE BOOK OF BURIED TREASURE more than two centuries, the original of one of them, that found by him aboard the Quedah Merchant, was recently discovered in the Public Record Office by the author of this book, and it is herewith photo-graphed in fac simile. Its purport has been translated as follows: FROM THE KING. WE, FRANCOIS MARTIN ESQUIRE, COUNCILLOR OF THE ROYAL DIRECTOR, Minister of Commerce for the Royal Company of France in the Kingdom of Bengal, the Coast of Coramandel, and other (dependencies). To all those who will see these presents, Greetings : The following, Coja Quanesse, Coja Jacob, Armenian; Nacodas, of the ship Cara Merchant, which the Armenian merchant Agapiris Kalender has freighted in Surate from Cohergy . . . having declared to us that before their departure from Surate they had taken a passport from the Company which they have presented to us to be dated from the first of January, 1697, signed Martin and sub-scribed de Grangemont; that they feared to be molested during the voyage which they had to make from this port to Surate, and alleging that the aforementioned passport is no longer valid, and that for this reason they begged of us urgently to have another sent to them ;For these reasons we recommend and enjoin upon all those under the authority of the Company; we beg the Chiefs of Squadrons and Commanders of Vessels of His Majesty: and we request all the friends and allies of the Crown in nowise to retard the voyage and to render all possible aid and comfort, promising on a similar occasion to do likewise. In testimony of which we have signed these presents, and caused them to be countersigned by the Secretary of the Company, and the seal of his arms placed thereon. MARTIN. (Dated Jan. 16, 1698.) CAPTAIN KIDD, HIS TRIAL AND DEATH 105 It is reasonable to assume that the Cara Merchant of the passport, is intended to designate the ship in which the document was found by Kidd. In various reports of the episode, the name of the vessel was spelled Quidah, Quedah, Queda and Quedagh. The word is taken from the name of a small native state of the Malay Peninsula, and even to-day it is set down in various ways, as Quedah, Kedda, or Kedah. Other circumstances confirm this supposition and go far to prove that the ship was a lawful prize for an English privateer. During the period between the Revolution and the War of 1812, England confiscated many American merchant vessels in the West Indies under pretexts not a whit more convincing than Kidd's excuse for snapping up the Quedah Merchant. What Kidd himself had to say about this affair is told in his narrative of the voyage as he related it during his preliminary examination while under arrest in Boston. It runs as follows : A Narrative of the Voyage of Capt. William Kidd, Commander of the Adventure Galley, from London to the East Indies. That the Journal of the said Capt. Kidd being violently taken from him in the Port of St. Maries in Madagascar; and his life many times being threatened to be taken away from him by 97 of his men that deserted him there, he cannot give that exact Account he otherwise would have done, but as far as his memory will serve, it is as follows, Vizt : That the said Adventure Galley was launched in Castles Yard at Deptford about the 4th. day of December, 1695, and about the latter end of February the said Galley came to ye buoy in the Nore, and about the first day of March following, his men were pressed from him for the Fleet which caused him to stay there about 19 days, and then 106 THE BOOK OF BURIED TREASURE sailed for the Downs and arrived there about the 8th or 10th day of April 1696, and sailed thence to Plymouth and on the 23rd. day of the said month of April he sailed from Plymouth on his intended Voyage. And some time in the month of May met with a small French Vessel with Salt and Fishing tackle on board, bound for Newfound-land, which he took and made prize of and carried the same into New York about the 4th day of July where she was condemned as lawful prize, and the produce whereof purchased Provisions for the said Galley for her further intended Voyage. That about the 6th. day of September, 1696, the said Capt. Kidd sailed for the Madeiras in company with one !Joyner, Master of a Brigantine belonging to Bermuda, and arrived there about the 8th. day of October following, and thence to Bonavista where they arrived about the 19th. of the said month and took in some Salt and stay'd three or four days and sailed thence to St. Jago and arrived there the 24th, of the said month, where he took in some water and stay'd about 8 or 9 days, and thence sailed for the Cape of Good Hope and in the Latitude of 32, on the 12th day of December, 1696, met with four English men of war whereof Capt. Warren was Commodore and sailed a week in their company, and then parted and sailed to Telere, a port in the Island of Madagascar. And being there about the 29th day of 'January, there came in a Sloop belonging to Barbadoes loaded with Rum, Sugar, Powder, and Shott, one French, Master, and Mr. Hatton and Mr. John Batt, merchants, and the said Hat-ton came on board the said Galley and was suddenly taken ill and died in the Cabbin. And about the latter end of February sailed for the Island of Johanna, and the said Sloop keeping company, and arrived thereabout the 18th day of March, where he found four East India merchant-men, outward bound, and watered there all together and stay'd about four days, and from thence about the 22nd day of March sailed for Mehila, an Island ten Leagues distant from Johanna, where he arrived the next morning, CAPTAIN KIDD, HIS TRIAL AND DEATH 107, and there careened the said Galley, and about fifty men died there in a week's time.4 And about the 25th day of April, 1697, set sail for the coast of India, and came upon the coast of Malabar, in the beginning of the month of September, and went into Carawar upon that coast about the middle of the same month, and watered there. The Gentlemen of the English Factory gave the Narrator an account that the Portugese were fitting out two men of war to take him, and advised him to set out to sea, and to take care of himself from them, and immediately he set sail therefrom about the 22nd of the said month of September. And the next morning, about break of day, saw the said two men-of-war standing for the said Galley, and they spoke with him and asked him whence he was, who replied from London, and they returned answer from Goa, and so parted, wishing each other a good Voyage. And making still along the coast, the Commodore of the said men-of-war kept dogging the said Galley at night, waiting an opportunity to board the same, and in the morning without speaking a word fired six great guns at the Galley, some whereof went through her and wounded four of his men. And therefore he fired upon him again, and the fight continued all day, and the Narrator had eleven men wounded. The other Portugese men of war lay some distance off, and could not come up with the Galley, being calm, else would have likewise assaulted the same. The 4 "From hence putting off to the West Indies, wee were not many dayes at sea, but there beganne among our people such mortalitie as in fewe days there were dead above two or three hundred men. And until some seven or eight dayes after our coming from S. Iago, there had not died any one man of sickness in all the fleete; the sickness sheaved not his infection wherewith so many were stroken until we were departed thence, and then seazed our people with extreme hot burning and continuall agues, whereof very fewe escaped with life, and yet those for the most part not without great alteration and decay of their wittes and strength for a long time after."Hakluyt's Voyages. (A Summarie and True Discourse of Sir Francis Drake's West Indian voyage begun in the Year 1585.) 108 THE BOOK OF BURIED TREASURE said fight was sharp and the said Portugese left the said Galley with such satisfaction that the Narrator believes no Portugese will ever attack the King's Colours again, in that part of the World especially. Afterwards continued upon the said coast till the beginning of the month of November 1697 cruising upon the Cape of Cameroon for Pyrates that frequent that coast. Then he met with Capt. How in the Loyal Captain, a Dutch Ship belonging to Madras, bound to Surat whom he examined and finding his pass good, designed freely to let her pass about her affairs. But having two Dutchmen on board, they told the Narrator's men that they had divers Greeks and Armenians on board who had divers precious Stones and other rich goods, which caused his men to be very mutinous, and they got up their Arms, and swore they would take the Ship. The Narrator told them the small arms belonged to the Galley, and that he was not come to take any Englishmen or lawful Traders, and that if they attempted any such thing, they should never come on board the Galley again, nor have the boat or small arms, for he had no Commission to take any but the King's Enemies and Pyrates and that he would attack them with the Galley and drive them into Bombay, (the other Vessel being a Merchantman, and having no guns, they might easily have done it with a few hands). With all the arguments and menaces he could use, he could scarce restrain them from their unlawful design, but at last prevail'd and with much ado got him clear and let him go about his business. All of which Captain How will attest if living. And about the 18th. or 19th day of the said month of November met with a Moors' Ship of about 200 Tons coming from Surat, bound to the Coast of Malabar, loaded with two horses, Sugar and Cotton, having about 40 Moors on board with a Dutch Pylot, Boatswain, and Gunner, which said Ship the Narrator hailed, and commanded (the Master) on board and with him came 8 or 9 Moors and the said three Dutchmen, who declared it was a Moors' CAPTAIN KIDD, HIS TRIAL AND DEATIH 109 ship, and he (the Narrator) demanding their Pass from Surat which they showed and the same was a French Pass which he believed was showed by mistake, for the Pylot swore by Sacrament she was a Prize and staid on board the Galley and would not return again on board the Moors' Ship but went in the Galley to the port of St. Maries. And that about the first day of February following, upon the same coast, under French Colours with a designe to decoy, met a Bengali merchantman 5 belonging to Surat, of the burthen of 4 or 500 tons, 10 guns, and he commanded the master on board, and a Frenchman, Inhabitant of Surat and belonging to the French Factory there and Gunner of said ship, came on board as Master, and when he came on board the Narrator caused the English Colours to be hoysted, and the said Master was surprised, and said "You are all English," and asked which was the Captain, whom when he (the Frenchman) saw, he said, "Here is a good prize" and delivered him the French pass. And that with the said two Prizes, he (the Narrator) sailed for the Port of St. Maries in Madagascar, and sailing thither the Galley was so leaky that they feared she would have sunk every hour, and it required eight men every two glasses to keep her free, and they were forced to woold her round with Cables to keep her together, and with much ado carried her into port. . . . And about the 6th day of May, the lesser Prize was haled into the careening island or key (the other not having arrived), and ransacked and sunk by the mutinous men who threatened the Narrator and the men that would not join with them, to burn and sink the other Ship that they might not go home and tell the news. And that when he arrived in the said port, there was a Pyrate Ship, called the Moca Frigat, at an Anchor, Robert Culliford, Commander thereof, who with his men left the same and ran into the woods, and the Narrator proposed to his men to take the same, having sufficient power and authority so to do, but the mutinous crew told him if he 5 The Quedah Merchant. 110 THE BOOK OF BURIED TREASURE offered the same they would rather fire two guns into him than one into the other; and thereupon 97 deserted and went into the Moca Frigat, and sent into the woods for the said Pyrates and brought the said Culliford and his men on board again. And all the time she (the Moca Frigat) staid in the said Port, which was for the space of 4 or 5 days, the said deserters, sometimes in great numbers, came on board the Adventure Galley and her prize and carried away the great gun, powder, shot, arms, sails, anchors, etc., and what they pleased, and threatened several times to murder the Narrator (as he was informed and advised to take care of himself), which they designed in the night to effect, but was prevented by his locking himself in his Cabbin and securing himself with barricading the same with bales of Goods, and having about forty Small arms besides Pistols ready charged, kept them out. Their wickedness was so great that after they had plundered and ransacked sufficiently, they went four miles off to one Edward Welche's house where his (the Narrator's) chest was lodged, and broke it open and took out 10 ounces of gold, forty pounds of plate, 370 pieces of eight, the Narrator's Journal, and a great many papers that belonged to him, and to the people of New Yorke that fitted him out. That about the 15th day of June the Moca Frigate went away, being manned with about 130 men and forty guns, bound out to take all Nations. Then it was that the Narrator was left with only about 13 men, so that the Moors he had to pump and keep the Adventure Galley above water being carried away, she sank in the Harbour, and the Narrator with the said Thirteen men went on board of the Adventure's Prize where he was forced to stay five months for a fair wind. In the meantime some Passengers presented themselves that were bound for these parts, which he took on board to help to bring the said Adventure's Prize 6 home. That about the beginning of April 1699, the Narrator arrived at Anguilla in the West Indies and sent his boat 6 The Quedah Merchant. CAPTAIN KIDD, HIS TRIAL AND DEATH 111 on shore where his men heard the News that he and his People were proclaimed Pirates, which put them into such a Consternation that they sought all opportunities to run the Ship on shore upon some reefs or shoal, fearing the Narrator should carry them into some English port. From Anguilla, they came to St. Thomas where his brother-in-law, Samuel. Bradley, was put on shore, being sick, and five more went away and deserted him. There he heard the same News, that the Narrator and his Company were proclaimed Pirates, which incensed the people more and more. From St. Thomas set sail for Mona, an Island between Hispaniola and Porto Rico, where they met with a Sloop called the St. Anthony, bound for Antigua from Curacoa, Mr. Henry Bolton, Merchant, and Samuel Wood, Master. The men on board then swore they would bring the ship no farther. The Narrator then sent the said Sloop, St. Anthony, to Curacoa for canvas to make sails for the Prize, she being not able to proceed, and she returned in 10 days, and after the canvas came he could not persuade the men to carry her for New England. Six of the men went and carried their Chests and things on board of two Dutch Sloops bound for Curacoa, and would not so much as heel the Vessel or do anything. The remainder of the men, not being able to bring the Ad-venture Prize to Boston, the Narrator secured her in a good safe harbour in some part of Hispaniola and left her in the possession of M. Henry Bolton of Antigua, Merchant, and the Master, and three of the old men, and 15 or 16 of the men that belonged to the said sloop, St. Anthony, and a Brigantine belonging to one Burt of Curacoa. That the Narrator bought the said Sloop, St. Anthony, of Mr. Bolton, for the Owners' account, after he had given directions to the said Bolton to be careful of the Ship and lading and persuaded him to stay three months till he returned. And he then made the best of his way for New York where he heard the Earl of Bellomont was, who was principally concerned in the Adventure Gulley, and hearing his Lordship was at Boston, came thither and 112 THE BOOK OF BURIED TREASURE has now been 45 days from the said Ship. Further, the Narrator saith that the said ship was left at St. Katharine on the southeast part of Hispaniola, about three Leagues to leeward of the westerly end of Savano. Whilst he lay at Hispaniola he traded with Mr. Henry Bolton of Antigua and Mr. William Burt of Curacoa, Merchants, to the value of Eleven Thousand Two Hundred Pieces of Eight, whereof he received the Sloop Antonio at 3000 Ps. of eight, and Four Thousand Two Hundred Ps. of Eight in Bills of Lading drawn by Bolton and Burt upon Messers. Gabriel and Lemont, Merchants, in Curacoa, made payable to Mr. Burt who went himself to Curacoa, and the value of Four Thousand Pieces of Eight more in dust and bar gold. Which gold, with some more traded for at Madagascar, being Fifty pounds weight or upwards in quantity, the Narrator left in custody of Mr. Gardiner of Gardiner's Island, near the eastern end of Long Island, fearing to bring it about by sea. It is made up in a bagg put into a little box, lockt and nailed, corded about and sealed. The Narrator saith he took no receipt for it of Mr. Gardiner. The gold that was seized at Mr. Campbell's, the Narrator traded for at Madagascar, with what came out of the Galley. He saith that he carried in the Adventure Galley from New York 154 men, seventy whereof came out of England with him. Some of his Sloop's company put two bails of Goods on store at Gardiner's Island, being their own property. The Narrator delivered a chest of Goods, Vizt; Muslins, Latches, Romals, and flowered silk unto Mr. Gardiner of Gardiner's Island to be kept there for him. He put no goods on shore anywhere else. Several of his company landed their Chests and other goods at several places. Further saith he delivered a small bail of coarse callicoes unto a Sloopman of Rhode Island that he had employed there. The Gold seized at Mr. Campbell's, the Narrator intended for presents to some that he expected to do him kindness. CAPTAIN KIDD, HIS TRIAL AND DEATH 113 Some of his company put their Chests and bails on board a New York Sloop lying at Gardiner's Island. WM. KIDD. Presented and taken die prcedict before his Exc'y and Council Addington, Sec'y. More than a year after Kidd had been carried to England with twelve of his crew, he was arraigned for trial at the Old Bailey. Meantime Lord Bellomont had died in Boston. Trials for piracy were common enough, but this accused shipmaster was confronted by such an array of titled big-wigs and court officials as would have been sufficient to try the Lord Chancellor himself. For the government, the Lord Chief Baron, Sir Edward Ward, presided, and with him sat Sir Henry Hatsell, Baron of the Exchequer; Sir Salathiel Lovell, the Recorder of London; Sir John Turton and Sir Henry Gould, Justices of the King's Bench, and Sir John Powell, a Justice of the ;Common Pleas. As counsel for the prosecution, there was the Solicitor General, Dr. Oxenden; Mr. Knapp, Mr. Coniers, and Mr. Camp-bell. For Captain William Kidd, there was no one. By the law of England at that time, a prisoner tried on a criminal charge could employ no counsel and was permitted to have no legal advice, except only when a point of law was directly involved. Kidd had been denied all chance to muster witnesses or assemble documents, and, at that, the court was so fearful of failing to prove the charges of piracy that it was decided to try him first for killing his gunner, William Moore, and convicting him of murder. He would be as conveniently dead if hanged for the one crime as for the other. 114 THE BOOK OF BURIED TREASURE Now, it is not impossible that Kidd had clean for-gotten that trifling episode of William Moore. For a commander to knock down a seaman guilty of disrespect or disobedience was as commonplace as eating. The offender was lucky if he got off no worse. Discipline in the naval and merchant services was barbarously severe. Sailors died of flogging or keel-hauling, or of being triced up by the thumbs for the most trifling misdemeanors. As for Moore, he was a mutineer, and an insolent rogue besides, who had stirred up trouble in the crew, and nothing would have been said to any other skipper than Kidd for shooting him or running him through. However, let the testimony tell its own story. After the Grand Jury had returned the bill of indictment for murder, the Clerk of Arraignment said: "William Kidd, hold up thy hand." With a pluck and persistence which must have had a certain pathetic dignity, Kidd began to object. "May it please your Lordship, I desire you to permit me to have counsel." The Recorder. "What would you have counsel for?" Kidd. "My Lord, I have some matters of law relating to the indictment, and I desire I may have counsel to speak to it." Dr. Oxenden. "What matter of law can you have?" Clerk of Arraignment. "How does he know what he is charged with? I have not told him." The Recorder. "You must let the Court know what these matters of law are before you can have counsel assigned you." Kidd. "They be matters of law, my Lord."