After a long altercation, Kidd was at length persuaded to hold up his hand in token that he pleaded not guilty. His first indictment was then read, of which the following are the most material parts: “The jurors of our sovereign Lord the King do upon their oath present that William Kidd, late of London, mariner, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, against the peace of our Sovereign Lord the King, violently, feloniously, voluntarily, and of malice aforethought, did make an assault in and upon one William Moore upon the high seas near the coast of Malabar in the East Indies, and within the jurisdiction of the Admiralty, with a certain wooden bucket, bound with iron hoops of the value of eight pence, giving the said William Moore with the bucket aforesaid upon the right part of the head one mortal bruise, of which mortal bruise the aforesaid William Moore did languish and die. How sayst thou, William Kidd, art thou guilty of this murder, whereof thou standest indicted, or not guilty?” Poor Kidd may well have been taken aback, as he listened to this astounding indictment. So this was what that rascally Clerk of Arraigns had been hinting at, when he said he did not yet know what he was charged with. What on earth was the meaning of all this legal chicanery? He had been committed by Bellamont at Boston, because he was supposed to be a pirate, and sent over to London to be tried, because piracy was not a hanging offence in America. Murder was a hanging offence in America. If he was supposed to be a murderer, why had he not been tried for murder there? If he was to be tried for murder here, why had no notice of this charge been given him, unless it were to prevent him from preparing his defence, and getting his evidence ready? He had been examined at great length by Bellamont and his Council, and by the Admiralty and the House of Commons as to his supposed piracy; but in neither examination does it appear that the slightest suggestion had been made that he was a murderer. By whose trick was it that he was now to be tried for murder? But although the accusation seemed too ridiculous for any one to bring against him, except lawyers at their wits’ ends to find some excuse for hanging him, it had to be met, and he met it promptly by pleading, “Not guilty.” Then he again proffered his request to have counsel assigned him, naming Dr. Oldish and Mr. Lemmon, whom he had apparently consulted that morning or the night before, after getting his fifty pounds. His application was granted, but subject only to the condition that he had to plead any matter of law. His counsel then addressed the Court, but only on the question of the postponement of his trial for piracy.