“My lord,” he said, “there were ninety-five men that deserted my ship and took away what they pleased. We could not stand in defence of anything.” He explained that he had nothing to do with the sharing of the goods amongst his men, and knew nothing of it. He was never near them. Questioned as to his coming to terms with Culliford, he replied, “My lord, I designed to take that frigate and I designed to come to England, I said let us take this ship, and did they not all consult and say, where there is one that will fire against the pirate there are ten that will fire against you? And so they went and took the goods and left me.” The main question at issue was not however whether Kidd had been justified in failing to keep the deserters in hand, or in coming to terms with Culliford, after they had left him, but whether the two prizes which he had taken had French passes on board when captured. This was fully recognised by the Lord Chief Baron who in his summing up in the case of the _Quedagh Merchant_ said: “Now this is the great case before you, on which the indictment turns. The ship and goods as you have heard, are said by the witnesses” (_i. e._, by the King’s evidence) “to be the goods of Armenians and other people that are in amity with the King: and Captain Kidd would have them to be the goods of Frenchmen, or at least that the ship was sailed under French passes. Now if it were as Captain Kidd says, it was a lawful prize and liable to confiscation: but if they were goods of persons in amity with the King, and the ship was not navigated under French passes, it is very plain it was a piratical seizing of them.” There can be no doubt therefore that if Kidd had been able to produce the passes in court, he would have had a perfect defence. Unfortunately he seems to have been unaware that Bellamont had sent them over to England. His case was that he had given them to Bellamont, and he believed that Bellamont was keeping them back. Being unable to get them, or to have his trial postponed until they could be obtained, he tried as a last resource to get Bradenham and Palmer to admit that they knew of their existence. KIDD (_to Bradenham_). “Did you not see any French passes aboard the _Quedagh Merchant_?” BRADENHAM. “You told me you had French passes. I never did see them.” KIDD. “Did you never declare this to anybody that you saw the French passes?” BRADENHAM. “No, I never did see any; but I only said I heard you say you had them.” KIDD (_to Palmer_). “I ask him whether I had no French passes.” PALMER. “Indeed, Captain Kidd, I cannot say. I did hear him say he had French passes, but I never saw them. I have heard Captain Kidd say several times that he had French passes.” KIDD. “And did you hear nobody else say so?” PALMER. “No.” KIDD. “It is in vain to ask any questions.” LORD CHIEF BARON WARD. “What was that pretence of a French pass?” PALMER. “I saw none.” KIDD. “But you have heard of it.”