“Dr. Oldish. We petitioned for money, and the Court ordered fifty pounds, but the person that received it went away, and we had none till last night.
“Lord Chief Baron Ward. You ought to make it out that there is a reasonable cause to put off the trial, otherwise it cannot be allowed. What notice have they had?
“The Solicitor General. A fortnight’s notice—this day fortnight.
“Dr. Oldish. My lord, he should have had his money delivered to him.
“Kidd. I had no money nor friends to prepare for my trial till last night.
“Mr. Lemmon. My lord, we will be ready to-morrow morning.
“The Solicitor General. My lord, this we will do. In the meantime let him be tried for the murder, wherein there is no pretence of want of witnesses and passes.”
This preposterous proposal, which in effect was that Kidd should be tried at once on an indictment for murder sprung upon him a few moments before, arising out of an incident that had occurred some three and a half years previously, and be forced on the spur of the moment without conferring with any legal adviser, to conduct his own defence with the Solicitor General and other eminent counsel against him, seems to have excited no comment, but to have been assented to as a matter of course.
“The Clerk of Arraigns. Set aside all but Captain Kidd. William Kidd, you are now to be tried on the bill of murder. The jury is going to be sworn. If you have any cause of exception you may speak to them, as they come to the Book.