The Real Captain Kidd: A VindicationDalton, Cornelius Neale
History
The Real Captain Kidd: A Vindication
Dalton, Cornelius Neale
Kidd, William, -1701; Pirates -- Biography
The report of his trial will be found melancholy reading by those who
still retain some belief in the impartiality of the judges and the
honesty of the counsel of that age. Three of the latter, the Solicitor
General, the advocate of the Admiralty, and their junior Mr. Coniers,
with their trained wits and long experience in criminal cases, were
long odds for poor Kidd and his companions to contend against,
although the only evidence produced by the prosecution consisted of the
uncorroborated testimony of two of the mutineers who had deserted their
colours at Madagascar and joined Culliford in open piracy. These men had
evidently been carefully taken by the attorneys through every incident
in the voyage of the _Adventure Galley_, which lent itself to ingenious
misrepresentation, tending to the discredit of Kidd and his companions.
In some instances they obviously tried to mislead the jury, and were
only prevented from doing so by Kidd’s simple questioning of them.
Ignorant of the rules of the court he tried more than once to break in
and give his own version whilst they were giving theirs. “Hear me,” he
cried, springing up in court on one occasion; but was promptly reduced
to silence by the reminder that when the time came, he could question
the witnesses. He did ask them some very pertinent questions, from
the answers to which it was clear that they had wilfully endeavoured
to deceive the Court. But he was, of course, no adept in the art of
systematic and persistent cross-examination. As time went on, and it
became evident that whenever he asked any question with the object of
testing the credibility of the two deserters, he was stopped by the
judge, and whenever their evidence was in conflict with his statements
or those of any of his men, it was readily believed, he not unnaturally
became impatient, and after a while gave up the hopeless job in despair.
It must not be forgotten that he and his men were placed at a great
disadvantage by being all included in the same indictment for piracy,
and that consequently not one of them could be called and examined as a
witness for the defence. Kidd seems to have felt this keenly. On being
told by the Junior Counsel for the prosecution, “Now, if you will ask
this witness any question, you may,” he replied, “What signifies it to
ask him any question? We have no witnesses, and what we say signifies
nothing.” At last in reply to the Solicitor General whether he had any
further questions to ask, he replied, “No, no. So long as he swears it,
our words or oaths cannot be taken;” and again, “It signifies nothing to
ask any questions. A couple of rogues will swear to anything.”
The SOLICITOR GENERAL. “Will you ask any further questions?”
KIDD. “No, no, I will not trouble the Court any more: for it is a folly.”
Public-domain text, read in full here on John Shaqi.
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