A solemn session of Admiralty was that which met at the Old Bailey, in May, 1701, when Captain Kidd and nine others were arraigned for piracy and robbery on the high seas. All were found guilty except three, who were proved to have been apprentices. Kidd was also tried for the murder of his gunner, and found guilty. The men pleaded variously, and two of them had undoubtedly surrendered themselves within the time limited by the proclamation. Colonel Bass, the Governor of West Jersey (now the state of New Jersey, adjoining that of New York), corroborated this statement. It was shown that they had not surrendered to a commission of four specially sent over for the purpose, and they were condemned to die. This was, as far as the writer can judge, a hard case. Another seaman, Darby Mullins, said in his defence that he served under the king’s commission, and had no right to disobey any commands of his superior officer; that, in fact, the men were never allowed to question his authority, because it would destroy all discipline; and that even if unlawful acts were committed, the officers were the persons to answer it, not the men. He was answered that serving as he did only entitled him to do that which was lawful, not that which was unlawful. He replied that the case of a seaman must be bad indeed, if he were punished in both cases, for obeying and for not obeying his officers, and that if he were allowed to dispute his superior’s orders, there would be no such thing as command on the high seas. This ingenious defence availed him nothing; he had taken a share of the plunder, and had mutinied, showing no regard to the commission; and further, had acted in accordance with the customs of pirates and freebooters. The jury brought him in guilty with the rest. Kidd’s defence was not strong, as a matter of legal argument. He insisted that he had been more sinned against than sinning. He said that he went out on a laudable employment, and had no occasion, being then in good circumstances, to go a pirating; that the men had frequently mutinied, and that he had been threatened in his own cabin, and that ninety-five deserted 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 condemned, which prizes, he said, were taken under virtue of his commission, they having French passes (false). A witness, Colonel Hewson, spoke highly of his previous reputation for bravery. So much of his own statement was doubtful or false that he was found guilty. When the judge put on the black cap, Kidd stood up and said: “My lord, it is a very hard sentence. For my part I am the most innocent person of them all, and have been sworn against by perjured persons.” A week after the bodies of Kidd and six of his men were seen by the passers-by on the river, hanging high, suspended by chains, a warning especially to the seamen of and entering to the port of London not to turn pirates.