Pirate tales from the lawHarris, Arthur M. (Arthur Merton)
History
Pirate tales from the law
Harris, Arthur M. (Arthur Merton)
Pirates
Kidd’s arrival brought to a focus a sharp and unsparing struggle
between the two great political factions of the day, and the Government
was rocked in its seat by the exposures which were made of Bellamont
and other friends of the administration’s connection with the pirate
who was talked of from Land’s End to John O’Groat’s. During 1700 Kidd
appeared several times before the House of Commons, and a contest was
waged in that forum over his reputed treasure. A measure was introduced
by the opposition providing that the commission to Kidd to take pirates
and keep their effects and plunder should be illegal as void, and was
lost by only a thin majority.
From this it may be supposed that Bellamont and the partners got hold
of the swag. Not that it did the noble earl much good, for he died at
about this time. However, the commissioning of the _Adventure_ did not
prove such a gain to the opposition as it hoped, and the matter was
allowed to slide when the House recommended Kidd for common criminal
trial.
Under modern circumstances, this trial would have been a very close,
keen struggle. The accused would have been able to engage the most
expert counsel, who might be expected to make the prosecution exert
itself in the matter of proving its charges; not an easy thing to do
from some angles.
There were five trials upon six indictments,--one for the murder of
Gunner Moore and five for acts of piracy. Kidd was alone, of course, in
the trial for murder; on the charges of piracy, he was in the dock with
his nine seamen.
The murder trial should be carefully noticed, in view of the modern
vogue for exonerating Kidd of all guilty acts in the Indies. Those who
attempt to show that Kidd was “judicially murdered,” as the result of
a political plot carried on by factions opposed to the noble gentlemen
who backed the Kidd enterprise, must prove this murder trial to have
been unfair, for if it were not, then Kidd was liable to the death
penalty regardless of the crimes of piracy.
To clear himself, Kidd called three of his own men in an effort to
show that he slew Moore as Moore was in the act of leading a mutiny;
in other words, what we would call justifiable homicide. But his
own witnesses proved that the mutiny concerning the _Loyal Captain_
occurred from two to four weeks before the death of the gunner--a fact
which in modern law would have sufficed to convict Kidd--there being no
“immediate” emergency, as our statutes would say. No modern court would
upset the verdict of the jury who tried Kidd for murder, on the ground
that it was not supported by the evidence.
Public-domain text, read in full here on John Shaqi.
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