The Book of Buried Treasure Part 10

Presented and taken _die praedict_ 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 s.h.i.+pmaster was confronted by such an array of t.i.tled 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. Campbell.

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 a.s.semble doc.u.ments, 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.

Now, it is not impossible that Kidd had clean forgotten 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 keelhauling, 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 Lords.h.i.+p, 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 a.s.signed you."

_Kidd_. "They be matters of law, my Lord."

_The Recorder_. "Mr. Kidd, do you know what you mean by matters of law?"

_Kidd_. "I know what I mean. I desire to put off my trial as long as I can, till I can get my evidence ready."

_The Recorder_: "Mr. Kidd, you had best mention the matter of law you would insist on."

_Dr. Oxenden_. "It cannot be matter of law to put off your trial, but matter of fact."

_Kidd_. "I desire your Lords.h.i.+p's favor. I desire that Dr. Oldish and Mr. Lemmon here be heard as to my case (indicating lawyers present in court)."

_Clerk of Arraignment_. "What can he have counsel for before he has pleaded?"

_The Recorder_. "Mr. Kidd, the Court tells you it shall be heard what you have to say when you have pleaded to your indictment. If you plead to it, if you will, you may a.s.sign matter of law, if you have any, but then you must let the Court know what you would insist on."

_Kidd_. "I beg your Lords.h.i.+p's patience, till I can procure my papers.

I had a couple of French pa.s.ses which I must make use of, in order to my justification."

_The Recorder_. "This is not matter of law. You have had long notice of your trial, and might have prepared for it. How long have you had notice of your trial?"

_Kidd_. "A matter of a fortnight."

_Dr. Oxenden_. "Can you tell the names of any persons that you would make use of in your defense?"

_Kidd_. "I sent for them, but I could not have them."

_Dr. Oxenden_. "Where were they then?"

_Kidd_. "I brought them to my Lord Bellomont in New England."

_The Recorder_. "What were their names? You cannot tell without book.

Mr. Kidd, the Court sees no reason to put off your trial, therefore you must plead."

_Clerk of Arraignment_. "William Kidd, hold up thy hand."

_Kidd_. "I beg your Lords.h.i.+p I may have counsel admitted, and that my trial may be put off, I am not really prepared for it."

_The Recorder_. "Nor never will, if you could help it."

_Dr. Oxenden_. "Mr. Kidd, you have had reasonable notice, and you know you must be tried, and therefore you cannot plead you are not ready."

_Kidd_. "If your Lords.h.i.+ps permit those papers to be read, they will justify me. I desire my counsel may be heard."

_Mr. Coniers_. "We admit of no counsel for him."

_The Recorder_. "There is no issue joined, and therefore there can be no counsel a.s.signed. Mr. Kidd, you must plead."

_Kidd_. "I cannot plead till I have those papers that I insisted upon."

_Mr. Lemmon_. "He ought to have his papers delivered to him, because they are very material for his defense. He has endeavored to have them, but could not get them."

_Mr. Coniers_. "You are not to appear for anyone, (Mr. Lemmon) till he pleads, and that the Court a.s.signs you for his counsel."

_The Recorder_. "They would only put off the trial."

_Mr. Coniers_. "He must plead to the indictment."

_Clerk of Arraignment_. "Make silence."

_Kidd_. "My papers are all seized, and I cannot make my defense without them. I desire my trial may be put off till I can have them."

_The Recorder_. "The Court is of opinion that they ought not to stay for all your evidence; it may be they will never come. You must plead; and then if you can satisfy the Court that there is a reason to put off the trial, you may."

_Kidd_. "My Lord, I have business in law, and I desire counsel."

_The Recorder_. "The course of Courts is, when you have pleaded, the matter of trial is next; if you can then show there is cause to put off the trial, you may, but now the matter is to plead."

_Kidd_. "It is a hard case when all these things shall be kept from me, and I am forced to plead."

_The Recorder_. "If he will not plead, there must be judgment."

_Kidd_. "Would you have me plead and not have my vindication by me?"