ter
of the French passes, Kidd was desperately in earnest. He knew their
importance, nor was he begging for them as a subterfuge to gain time.
He had been employed as a privateering commander against the French in
the West Indies and on the New England coast, as the documents of the
Provincial Government have already shown. It is fair to assume that he
knew the rules of the game and the kind of papers necessary to make a
prize a lawful capture by the terms of the English privateering
commission which he held. But his efforts to introduce this evidence
which had been secured by Bellomont and forwarded to the authorities in
London, were of no avail. Compelled to plead to the indictment for
murder, Kidd swore that he was not guilty, and the trial then proceeded
under the direction of Lord Chief Baron Ward. Dr. Oldish, who sought
to be assigned, with Mr. Lemmon, as counsel for the prisoner, was not
to be diverted from the main issue, and he boldly struck in.

"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:

"About a fortnight before th