_Kid_ was tried upon an indictment of Murder also, _viz._ for killing _Moor_ the Gunner, and found guilty of the same. _Nicholas Churchill_ and _James How_ pleaded the King's Pardon, as having surrendered themselves within the time limited in the Proclamation, and Colonel _Bass_, Governor of _West Jersey_, to whom they surrendered, being in Court, and called upon, proved the same; however, this plea was over-ruled by the Court, because there being four Commissioners named in the Proclamation, it was adjudged no other person was qualified to receive their surrender, and that they could not be intitled to the benefit. As to Captain _Kid's_ Defence, he insisted much upon his own innocence, and the villany of his men; he said he went out in a laudable employment and had no occasion, being then in good circumstances, to go a-Pirating; that the men often mutinied against him, and did as they pleas'd; that he was threatened to be shot in his cabin, and that ninety five left him at one time, and set fire to his boat, so that he was disabled from bringing his ship home, or the Prizes he took, to have them regularly condemn'd, which he said were taken by virtue of a commission under the broad seal, they having _French_ Passes--The Captain called one Col. _Hewson_ to his Reputation, who gave him an extraordinary character, and declared to the Court, that he had served under his command, and been in two engagements with him against the _French_, in which he fought as well as any man he ever saw; that there were only _Kid's_ Ship and his own against Monsieur _du Cass_, who commanded a squadron of six sail, and they got the better of him, but this being several years before the facts mentioned in the Indictment were committed, prov'd of no manner of service to the Prisoner on his Trial. As to the friendship shown to _Culliford_, a notorious Pirate, _Kid_ denied, and said, he intended to have taken him, but his men being a parcel of rogues and villains refused to stand by him, and several of them ran away from his ship to the said Pirate.--But the evidence being full and particular against him, he was found Guilty as before mentioned. When _Kid_ was asked what he had to say why Sentence should not pass against him, he answered, That _he had nothing to say, but that he had been sworn against by perjured wicked People_. And when Sentence was pronounced, he said, _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_. Wherefore about a week after, Capt. _Kid_, _Nicholas Churchill_, _James How_, _Gabriel Loff_, _Hugh Parrot_, _Abel Owen_, and _Darby Mullins_, were executed at _Execution Dock_, and afterwards hung up in Chains, at some distance from each other, down the river, where their Bodies hung exposed for many years. [Illustration] [Illustration: CAPTAIN EDWARD ENGLAND] [Illustration] CAPTAIN EDWARD ENGLAND, AND HIS CREW