________________
1120
THE INDIAN ANTIQUARY
[ NOVEMBER, 1926
the House of Commons on more than one occasion, not so much apparently with the intention of examining the charges against him as to induce him to compromise his employers. On the 20th March 1701 a Committee was appointed by the House to examine the papers in his case (House of Commons Journal, XIII, 416), but nothing was said about this at his Trial. In short, the enemies of Lord Somers were interested in Kidd only to the extent that if he were proved to be a pirate, he might then be induced to involve Lord Somers, but if their purpose was to be answered, he must first of all be condemned as a pirate. Bishop Burnet (History, II, 265), says that Kidd was offered his life for a confession such as was wanted, and Mr. Burchett (p. 580) that in spite of "the great industry which was used to prevail with him to impeach some noble Lords who were concerned in setting him out.... although Kidd was in other things a notorious villain, yet he was so just in this particular as not wrongfully to accuse the innocent." For one reason or another his Trial did not take place until May. On the 8th he was convicted of the murder of his gunner William Moore and on the 9th, he with some of his crew were convicted of piracy in the case of four "Moor” ships, one Portuguese ship and the Quedah Merchant. In all the cases the evidence given against him by members of his crew showed such a distinct animus against their late commander that, when one remembers that the witnesses were also trying to clear themselves, it is certain no modern court could possibly have accepted it. In the charge of murder, the implement with which the alleged fatal blow was inflicted was such that no one could possibly suppose that murder was premeditated or even intentional. Further, at this time it was so common for officers to knock their men about, that if the act had been committed by a naval officer on any, however slight provocation, the fatal consequences would certainly have been declared by a Court Martial to be covered by the largeness of his commission " (See & similar cage in M. N. Morton's New England Memorial under date 1646). As regards the charges of piracy, Kidd's defence was that the papers taken from him showed that he had taken only French ships or ships carrying French passes and that, if he had in any way exceeded the law, it was under compulsion by his crew, who also had prevented him from taking pirates when he had the chance to do so. In all probability he could not, if his papers had been produced before the Court, as they should have been by the Admiralty, have proved that he had found French passes on all his captures, but Justice Turton assured the Jury that no French passes whatever existed (State Trials, XIV. 215). Another point that told heavily against him was his alleged friendly intercourse with Culliford at St. Mary's. Now Culliford was not only in London, but was actually tried for piracy on the 9th May, the same day as Kidd. Why was not his evidence taken? I have pointed out that his behaviour to Kidd in the past was not such as could be casily forgiven, and even the witnesses who were hostile to Kidd showed that when the two met at St. Mary's, Culliford's party were in great, doubt as to Kidd's probable attitude. It seems as if the Court was prejudiced against the accused, and that in the absence of capable counsel, not even a show of fair play was given him. Justice Turton concluded his summing up as follows:-"The Captain lays the blame on the men an:1 the men seem to lay the blame or him. He went out on a good design to take pirates had he pursued it; but instead of that it appears that he turned pirate himself and took the ships and goods of friends instead of enemies, which was a notorious breach of trust as well as a manifest violation of law. The evidenco seems to be strong against them which I leave you to consider of." On hearing the verdict and receiving sentence, Kidd protested as follows :-"My Lord, it is a very hard sentence. For my part I am the innocentest person of them all, only I have been sworn against by perjured persons." He continued to protest his innocence up to the moment of his death, but nothing was of any avail, and he, with a few of his crew, was executed on the 23rd May 1701 ; in Kidd's case the rope broke once before the hangman completed his job (Diary of Narcissus Luttrell). He was about 56 years of age and left a wife and children alive in New York (Behaviour. Confessions and last dying words of Kidul dc.. by Paul Lorrain). Such
