Several sailors testified to the circumstances of the murder, that Kidd had called the gunner "a lousy dog" and Moore had replied: "If I am a lousy dog you have made me so. You have brought me to ruin and many more." At this, Kidd's temper being roused, he struck Moore with the bucket, and the gunner died the next day as a result of the blow. Considering the severity of treatment of mutinous sailors permitted to ships' officers at that time, there is little reason to think that under ordinary circumstances Kidd would have been adjudged guilty of murder for a blow struck in hot blood and under provocation; but the verdict was certain before the trial had begun. The jury after an hour's consultation brought in a verdict of guilty, and Kidd was remanded to Newgate Prison to await trial for piracy.
This second trial took place in May, 1701, and included, beside the Captain, nine other mariners charged with piracy, in that "they feloniously did steal, take and carry away the said merchant ship Quedagh Merchant and the apparel and tackle of the same ship of the value of four hundred pounds of lawful money of England, seventy chests of opium, besides twenty bales of raw silk, a hundred bales of calico, two hundred bales of muslins, two hundred and fifty bales of sugar and three bales of romels."
Kidd's defense was that the ships captured were sailing under French passes and therefore lawful prizes according to the terms of his commission. These passes, he said, had been delivered into Bellomont's hands. But the Court made no effort to procure these passes or to inquire further into the matter. The jury was out for a short time only and brought in their verdict against or for the mariners separately. All but three were found guilty. In addressing them the Court said: "You have been tried by the laws of the land and convicted and nothing now remains but that sentence be passed according to the law. And the sentence of the law is this: You shall be taken from the place where you are and be carried to the place from whence you came and from thence to the place of execution and there be severally hanged by your necks until you be dead. And may the Lord have mercy on your souls!"
Captain Kidd was hanged at Execution Dock on May 23, 1701. Thus ended the most famous pirate of the age. His career so impressed the popular imagination that a host of legends sprang up concerning him and his treasure ship, while innumerable doleful ballads were written setting forth his incredible depravity. Yet it is curious to consider that, had he died a few years earlier, he would have passed away as an honored citizen of New York and would have been buried with pomp and circumstance and the usual laudatory funeral oration.
[[1]] Bellomont was commissioned Governor of Massachusetts and New Hampshire, as well as of New York.
CHAPTER XI
COLONIAL GOVERNMENT IN THE EIGHTEENTH CENTURY
While Captain Kidd was still on the high seas and pirates were still infesting the lower Hudson, the Earl of Bellomont arrived in New York (in April, 1698), accompanied by his wife and his cousin, John Nanfan, who had been appointed Lieutenant-Governor. The citizens greeted the new Governor with every demonstration of delight. The corporation gave a public banquet and offered a eulogistic address. Bellomont on his part entered into his task with enthusiasm. In the new Assembly called in 1699, he spoke of the disorder prevailing in the province, left as it was with a divided people, an empty treasury, ruined fortifications, and a few half-naked soldiers. He spoke of the ill repute of New York as a rendezvous for pirates and said: "It would be hard if I who come before you with an honest heart and a resolution to be just to your interests, should meet with greater difficulties in the discharge of His Majesty's service than those who have gone before me." He declared it his firm intention that there should be no more misapplication of the public money, a veiled attack upon Fletcher's grants of land and privileges which had become a public scandal. He would, he said, pocket none of the money himself nor permit any embezzlement of it by others and promised exact accounts to be laid before the Assembly "when and as often as you require." The Assembly passed a vote of thanks and voted a six years' revenue. Apparently everything was auspicious; but the seed of discord was already sown by Bellomont's early espousal of the Leislerian cause, which was in effect the cause of the common people.