On the Council with him were Captain Christopher Newport, Edward Wingfield, Bartholomew Gosnold, George Kendall, John Ratcliffe, and John Martin. One would think that this little group, set down in the wilderness and faced with many perils, would have occupied their time better than with plotting against each other. They had enough to do to defend themselves against the Indians, for in a sudden attack four of them were wounded and another had a narrow escape when an arrow passed through his beard.[6] Kendall was the first to be expelled from the Council. Gosnold died. Wingfield, who was President of the Council, was accused of being an atheist, of plotting to desert the colony, and of misappropriating public funds, and was ousted from his seat. Since Newport had sailed with the fleet for England, Ratcliffe, Smith, and Martin were now the only remaining Councillors. But this did not bring harmony. Kendall was accused of plotting against the other two, tried, and hanged. Smith, too, was in danger of the gallows, when he was held responsible for the death of two men who had been killed by the Indians. Were the "whipping, lawing, beating, and hanging in Virginia known in England, I fear it would drive many well affected minds from this honorable action," Wingfield stated after his return to England. With the drowning of two new Councillors, Captain John Smith alone remained, and for several months was the sole ruler of the colony.[7] When word of what was going on in Virginia reached the London Company it was obvious to all that the original plan of government had proved a failure. So they secured a new charter empowering them to change it. But for a remedy they turned, not to self-government, but to despotism. They abolished the old Council, and turned the colony over to a Governor who, within the limits of his instructions, was to "rule and govern by his own discretion or by such laws" as he should decree. To assist him he was to choose an advisory Council. The danger of this system was at first obscured by the wise choice of a Governor. Thomas Lord De la Warr was a man of distinction and ability. He had studied at the Queen's College, Oxford, had served with Essex in Ireland, and had been a member of the Privy Council under both Elizabeth and James.[8]