Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1886-05-22

even the "large and beneficial powers"
given by his commission, hoping thus TO
ontwit his adversaries, and by his virtnous
zeal In procaming Kidd pirate to get this {
disagreeable person oil his hands altogether 8
And, resolved on appeasng the people AZ I
home to the extent of his power, he took ad-
vantage OF technicality in law, saying that
In Massachusetts IL was impossible 10 convict
pirates at all, as tho people were in favor ol |
piracy, on account of the gains which 1t
brought Tan outrageous libel in ttseli), and
delivered up Kidd to the authorities at home.
But this ungenerous treatment of his former
friend brought no advantage, and failed to
satisfy his enemies; while n few months
later, ere Kidd was brought into court, the
earl himself was announced 10 meet She last
Judge at the great sssi2e.
Still others besides Belomont were impli.
Gated and though the chief manager of the
commission had gone where the wicked
ceass from troubling, he had left associates
behind and accordingly, on the fifteenth |
day OF April, E0l, Simon Harcourt, the dis |
tinguished Tory lawyer, appeared Mt tho bar |
Of the House of Commons, aud in the name |
of all England. impeached Lord John som |
ers of high crimes and misdemeanors, one |
charge being distinctly grounded on his con |
nection with Captain Kidd.
Now, therefore, II behooved his lordShip |
aud his friends to show their adherence oi |
piracy, together with all commissions having |
- large anu beneficial clauses - and though |
| Kidd had lain in prison whole year no one |
caring to press the suit. the political party I"
|
| vealed deep interest In little more than
! twenty days. and before the time fixed tor
| Lord Johns own trial. Kidd WAS dragged tn
| the bar, and summarily condemned. Those
| at all acquainted with the history of the times
| must have little penetratien, If unable tn de-
| teci the policy at the bottom of the wnnle
| transaction.
! Kidd had now ce aSed to he OF any personal
| Importance and so slight "A sacrifice could 10y
| no means Do omitted, If the sacrifice would
| in any degree seem to purge Lord John.
| Accordingly Kidd must die, to show that
| mans adherence Of crime.
| Two distinct charges were brought against
| Kidd first, the killing Ot Moore, his gunner
al murdered william Moore, ~ sailed;
| and, second, the capture ot the Qudah mcr.
| chautman. In the course of the trial ON the
| first charge, Kidd freely acknowledged that
| he caused the death Ot Moore, but declared
| that the deed was done in the course Of
heated alteration. Moore, the gunner,
having chiscl in his hand, tell into an
angry debate with his commander, who
struck him with a bucket. one witness
testified that Moore had previously been un.
WELL aud another declared that the tronble
arose from the fact that Kidd had refused to
capture a vessel which was not lawful prize
7 he whole transaction took place before the
| Quidah was taken, and while his crew were
in that mutinous spirit which led to his
being finally overpOwered. Kidd was un-
, double fly the cause Of his gunner'S death.
and this he lamonted. Yet in our own day
it would be difficult for jury in such case
to bring in any stronger verdict than tnat oi
4 | unintentinnal homicide
, | The charge of piracy was based entirely on
| the capture of the Quidab. Here the te>ii-
, | mony was every way insufficient for cOuvic-
tion. To an unpreiudiced mind, ii IL clear
, that Kidd had at that time lost control of his
, men. The voyage had proved unsuccessful
as regarded the pirates; and now, in accord
anCe with the prediction of Governor Fletcher
the crew determined TO have money 10y fair
means or foul. Hence Kidd gave way, and
the Quidah was taken.
| At the trial Kidd frankly acknowledged
the fact of the capture, aud, a. his defense,
claimed that the Quidah sailed with French
pass, aud that her master was a French
tavern keeper at Surat. His papers, he de.
, ClaTed, had been taken by Earl BellOmnnt,
, | now deceased, and he only requested time
to recover them and produce the French pass
r | in court One witness testified that Kidd
: | had informed him of the existence OF the
. | pass at the time OF the capture; yet the court
! | would not de.av the trial TOR an hour. ln
q the end the prosecution was pressed, and
r Kidd was doomed to death.
T., The action OF the Judges and all concerned
must he regarded simply as atrOcious. N id'
A. was not even allowed the assistance OF al
N advocate. Two eminent members oi til,
,r | legal profession were silenCed 10y tho judge
"a and forced to remain in their seats dumb
1t is true that the English law at that tim
" did not permit persons charged with pirac,
~ and kindred crimes 10 have the benefit q
IN counsel, except on points OF law. And Whe
a Dr. 'llnsh, one OF the Advocates referred u
or atlemp pied to come to the aid of his client h
,e was put down with the declaration that h
NJ must treat Il matter of tar, or else be quiet
"a 1t Is strange that down 10 so late periOt
a there should have been no better provision
IN to secure Justice In 1898, law was intro
M duCed in Parliament for the protection q
te accused persons but il was some time betor'
M ii was enacted. 1t is doubtful, says Lore
a Campbell, whether ii would ever have passed
te at all, had not the Earl of Shsftesbury, afte
v breaking down under the fatigue Ot "A speecl
r made in its favor, responded To cry To q
n on, by rising tO his feet and saying: "It ]
A. sir, who rise only to give my opinion on
~ bIll now pending. in tue fate of which hav,
"a no personal interest, am so cOniOundcd tina
= an unable to express tho least OF what
In | proposed To say, what must the condition q
;, that man toe, whO without any assistance, i
a. called to plead tor his life, for his honor, ant
il his pOsterity?' This stirring appeal electri
/ ned the house.and secured the passage Of tn
m | bill. But it came too late for the uututoreC
sailor. Denied the privilege of that delal
= which might have secured his papers, battle,
by the chicanery OF the prosecuting counsel
n and badgered by the expressions ot AN un
4 Just judge William Kidd gave up the cas-
a in bepilderment, and laid down his lite
l., Kidd was the victim of political necessity
i The party sought to save Lord SOmers b'
a sacrificing one Of his subordinates. In lG'@
l. a" person OF quality" who saw the pOlitica
il turn the whole affair had taken, wrote: " A
: considerable "A man as our friend BellomOn
y | is If one OF yet greater degree had not beer
D concerned in this undertaking. it had neve
4 | been taken notice OF, or at least mad nevel
/ been blamed. That" he continues, (which
a | deserves praise in others may become crime
, | IN men OF eminent station, il the season bt
| proper for attempting their ruin"
. The remark had been attributed to the
q | great Napoleon, that if he could make the
, | songs of a people, he cared not who made
r their laws. And he knew what he meant.
We find an illustration of the power OF song,
!. even in the doggerel verse of ''ye lamentable