Pirate tales from the lawHarris, Arthur M. (Arthur Merton)
History
Pirate tales from the law
Harris, Arthur M. (Arthur Merton)
Pirates
Not so with Quelch. No back-alley dodging for him. With all the
circumstances of a business man in lawful enterprise he went to the
shop of one of the leading jewelers of Boston and there melted down a
quantity of Portuguese gold and silver coins. May have been fooling
with the jeweler’s crucibles when the rough hand of the officer thumped
his shoulder.
Captain Kidd was the last of the colonial pirates to be sent home
to England for trial. After that the Government authorized such
proceedings to be had in the colonies themselves, for the expense of
dragging the accused and the witnesses across the Atlantic was too
much. On June 13, 1704, Quelch and a group of his pirates were tried
for murder and piracy at a “Court of Admiralty held at Boston, in
her Majesty’s Province of the Massachusetts-Bay in New England, in
America.”
Mr. Attorney General of the province, assisted by eminent queen’s
counselors, carried the prosecution; the defense was borne by the
accused themselves with the help of a Mr. Menzies, a lawyer appointed
by the court to assist them “in any matters of law.” It will be
remembered that in those times a defendant in a criminal action was not
allowed a lawyer for the purpose of ascertaining the facts of the case
but merely to advise on matters of legal practice, whose only job in
most cases was to assure the accused that what was being done to them
was all according to law.
The indictment was on nine articles or counts, beginning with the death
of Captain Plowman and ending with the taking of the Bastian ship off
Rio. The death of Plowman was made the fact of the murder charge.
Pimer, Clifford and a fellow named Parrot turned queen’s evidence. The
feeling of contempt which one seems to have for an informer can not be
extended to these men; for their action here was quite consistent with
their attitude from the beginning, which, as we have seen, had not been
hidden even from the pirates. They never approved the deeds done or
pretended they did. These are not your ordinary informers.
We have to take off our hats to lawyer Menzies. He put up a fine fight.
He showed himself unafraid of court or council and stuck to his
clients when more politic lawyers would have eased off. Really he beat
the prosecution.
It was this way. The commission to this court of admiralty was issued
under an act of parliament which provided that its proceedings should
be according to what was called the civil law, which was a different
procedure from that of ordinary criminal courts, being originally
from the old Roman law. Now, by the civil law, in a trial for piracy
an accomplice could not be a witness against the accused; and Pimer,
Clifford and Parrot were technically accomplices. Menzies had chapter
and book for it, too.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account