"My Lord, it is very fit his trial should be delayed for some time because he wants some papers very necessary for his defense. It is very true he is charged with piracies in several ships, but they had French passes when the seizure was made. Now, if there were French passes, it was a lawful seizure."
Mr. Justice Powell. "Have you those passes?"
Kidd. "They were taken from me by my Lord Bellomont, and these passes would be my defense."
Dr. Oldish. "If those ships that he took had French passes, there was just cause of seizure, and it will excuse him from piracy."
Kidd. "They were taken from me by my Lord Bellomont and those passes show there was just cause of seizure. That we will prove as clear as the day."
The Lord Chief Baron. "What ship was that which had the French passes?"
Mr. Lemmon. "The same he was in; the same he is indicted for."
Clerk of Arraignment. "Let all stand aside 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."
Kidd. "I challenge none. I know nothing to the contrary but they are honest men."
The first witness for the Crown was Joseph Palmer, of the Adventure Galley (who had been captured by Bellomont in Rhode Island and who had informed him of the incident of the death of Moore, the gunner). He testified as follows: