176 DUTCH AND ENGLISH ON THE HUDSON

However we may feel as to Kidd's guilt in the
matter of piracy, we can but realize that, accord-
ing to the standards of modem times, he was not
given a fighting chance for his life. He was de-
tained in Newgate Prison and denied all counsel
until he had pleaded "guilty " or "not guilty/' In
spite of all his protests he was brought to trial on
the first indictment for murder, incidentally the
least certain of his offenses. The jury being sworn,
the clerk proceeded with the first indictment for
murder and declared that "the jurors of our sover-
eign Lord the King do upon their oath present that
William Kidd, late of London, married, not having
the fear of God before his eyes; but being moved
and seduced by the Devil ... did make assault
in and upon one William Moore . . . and that the
aforesaid William Kidd with a certain wooden
bucket, bound with iron hoops, of the value of
eight pence, which he the said William Kidd then
and there held in his right hand, did violently,
feloniously, voluntarily, and of his malice afore-
thought beat and strike the aforesaid William

/

Moore in and upon the right part of the head of
him, the said William Moore then and there upon
the high sea in the ship aforesaid and within the
jurisdiction of England."