The court replied, “The crew, of which you were one, took a share of the plunder; they mutinied several times; they undertook to control the captain; they paid no regard to the commission; they acted in all things according to the customs of pirates. You are guilty, and must be hanged.” He was hanged.
Kidd was tried for piracy, and for the murder of William Moore. He was not allowed counsel, but was left to make his own defence. On the whole, he appeared remarkably well while passing through this dreadful ordeal. In opening his defence, he said:
“I was a merchant in New York, in good repute and in good circumstances, when I was solicited to engage, under the royal commission, in the laudable employment of suppressing piracy. I had no need of embarking myself in piratic adventures. The men were generally desperate characters, and they rose in mutiny against me. I lost all control over them. They did as they pleased. They threatened to shoot me in my cabin. Ninety-five deserted at one time, and destroyed my boat. I was thus disabled from bringing the ship home. Consequently I could not bring the prizes before any court to have them regularly condemned. They were all taken by virtue of the commission, under the Broad Seal, and they had French papers.”
When the jury was impanelled, and he was invited to find cause, if he wished to do so, for the exclusion of any of them, he replied:
“I shall challenge none. I know nothing to the contrary but that they are all honest men.”
Kidd was greatly agitated during the trial, and frequently interrupted the court with his exclamations and explanations. He was first tried for the murder of William Moore. This indictment gave a very particular account of the event, stating that the gunner died of a mortal bruise received at the hands of the captain; that from the thirtieth day of October to the one-and-thirtieth day, he did languish and languishing did live, but that on the one-and-thirtieth day he did die; and that William Kidd, feloniously, voluntarily, and of malice aforethought, did kill and murder him.
To this Kidd replied, and probably with entire truth, as we have before said, that he had no intention of killing the man; that he struck him down to quell a mutiny, and to prevent the crew from engaging in an atrocious act of piracy; that his conscience never had condemned him for the deed, and that he then felt that for it he merited approbation rather than censure.
He told a very plain, simple story, which, if true, and its truth could not be disproved, would exonerate him in this affair from blame. The intelligent reader of this narrative will perceive that there were many corroborative circumstances to substantiate the accuracy of his account.
“I will inform the court,” he said, “of the facts precisely as they occurred in this case. We were within about three miles of the Dutch ship, when I perceived that many of my men were in a state of mutiny, clamoring for her capture. Moore, addressing the mutineers, said that he could propose a plan by which the ship could be captured, and yet all who were engaged in the enterprise might be perfectly safe.
“‘And how is that to be done,’ I inquired?