The Adventure galley was now so old and leaky that they were forced to keep two pumps continually going, wherefore Kid shifted all the guns and tackle out of her into the Queda, merchant, intending her for his man-of-war; and as he had divided the money before, he now made a division of the remainder of the cargo. Soon after which the greatest part of the company left him, some going on board Captain Culliford, and others absconding in the country, so that he had not above forty men left.
He put to sea and happened to touch at Amboyna, one of the Dutch spice islands, where he was told that the news of his actions had reached England, and that he was there declared a pirate.
The truth of it is, his piracies so alarmed our merchants that some motions were made in Parliament, to inquire into the commission that was given him, and the persons who fitted him out. These proceedings seemed to lean a little hard upon the Lord Bellamont, who thought himself so much touched thereby that he published a justification of himself in a pamphlet after Kid's execution. In the meantime it was thought advisable, in order to stop the course of these piracies, to publish a proclamation, offering the king's free pardon to all such pirates as should voluntarily surrender themselves, whatever piracies they had been guilty of at any time, before the last day of April, 1699. That is to say, for all piracies committed eastward of the Cape of Good Hope, to the longitude and meridian of Socatora and Cape Camorin. In which proclamation Avery[12] and Kid were excepted by name.
When Kid left Amboyna he knew nothing of this proclamation, for certainly had he had notice of his being excepted in it he would not have been so infatuated to run himself into the very jaws of danger; but relying upon his interest with the Lord Bellamont, and fancying that a French pass or two he found on board some of the ships he took would serve to countenance the matter, and that part of the booty he got would gain him new friends—I say, all these things made him flatter himself that all would be hushed, and that justice would but wink at him. Wherefore he sailed directly for New York, where he was no sooner arrived but by the Lord Bellamont's orders he was secured with all his papers and effects. Many of his fellow-adventurers who had forsook him at Madagascar, came over from thence passengers, some to New England, and some to Jersey, where, hearing of the king's proclamation for pardoning of pirates, they surrendered themselves to the governor of those places. At first they were admitted to bail, but soon after were laid in strict confinement, where they were kept for some time, till an opportunity happened of sending them with their captain over to England to be tried.
Accordingly, a Sessions of Admiralty being held at the Old Bailey, in May, 1701, Captain Kid, Nicholas Churchill, James How, Robert Lumley, William Jenkins, Gabriel Loff, Hugh Parrot, Richard Barlicorn, Abel Owens, and Darby Mullins, were arraigned for piracy and robbery on the high seas, and all found guilty except three: these were Robert Lumley, William Jenkins, and Richard Barlicorn, who, proving themselves to be apprentices to some of the officers of the ship, and producing their indentures in court, were acquitted.
The three above mentioned, though they were proved to be concerned in taking and sharing the ship and goods mentioned in the indictment, yet, as the gentlemen of the long robe rightly distinguished, there was a great difference between their circumstances and the rest; for there must go an intention of the mind and a freedom of the will to the committing an act of felony or piracy. A pirate is not to be understood to be under constraint, but a free agent; for, in this case, the bare act will not make a man guilty, unless the will make it so.
Kid was tried upon an indictment of murder also—viz., for killing Moor, the gunner—and found guilty of the same.
As to Captain Kid's defense, he insisted much upon his own innocence, and the villainy of his men. He said he went out in a laudable employment, and had no occasion, being then in good circumstances, to go a-pirating; that the men often mutinied against him, and did as they pleased; that he was threatened to be shot in his cabin, and that ninety-five left 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 he said were taken by virtue of a commission under the broad seal, they having French passes. The captain called one Colonel Hewson to his reputation, who gave him an extraordinary character, and declared to the court that he had served under his command, and been in two engagements with him against the French, in which he fought as well as any man he ever saw; that there were only Kid's ship and his own against Monsieur du Cass, who commanded a squadron of six sail, and they got the better of him. But this being several years before the facts mentioned in the indictment were committed, proved of no manner of service to the prisoner on his trial.
As to the friendship shown to Culliford, a notorious pirate, Kid denied, and said he intended to have taken him, but his men, being a parcel of rogues and villains, refused to stand by him, and several of them ran away from his ship to the said pirate. But the evidence being full and particular against him, he was found guilty as before mentioned.
When Kid was asked what he had to say why sentence should not pass against him, he answered that "he had nothing to say, but that he had been sworn against by perjured, wicked people." And when sentence was pronounced, he said, "My lord, it is a very hard sentence. For my part I am the innocentest person of them all, only I have been sworn against by perjured persons."