Part 9 (1/2)
Now a servant, it is true, if he go voluntarily, and have his proportion, he must be accounted a pirate, for then he acts upon his own account, and not by compulsion: and these persons, according to the evidence, received their part, but whether they accounted to their masters for their shares afterwards, is the matter in question, and what distinguishes them as free agents, or men that did go under the compulsion of their masters; which being left to the consideration of the jury, they found them _not guilty_.
Kidd was tried upon an indictment of murder also, viz. for killing Moor, the gunner, and found guilty of the same. Nicholas Churchill, and James How pleaded the king's pardon, as having surrendered themselves within the time limited in the proclamation, and Col. Ba.s.s, governor of West Jersey, to whom they surrendered, being in court, and called upon, proved the same. However, this plea was overruled by the court, because there being four commissioners named in the proclamation, viz. Capt.
Thomas Warren, Israel Hayes, Peter Delannoye, and Christopher Pollard, Esquires, who were appointed commissioners, and sent over on purpose to receive the submissions of such pirates as should surrender, it was adjudged no other person was qualified to receive their surrender, and that they could not be ent.i.tled to the benefit of the said proclamation, because they had not in all circ.u.mstances complied with the conditions of it.
Darby Mullins urged in his defence, that he served under the king's commission, and therefore could not disobey his commander without incurring great punishments; that whenever a s.h.i.+p or s.h.i.+ps went out upon any expedition under the king's commission, the men were never allowed to call their officers to an account, why they did this, or why they did that, because such a liberty would destroy all discipline; that if any thing was done which was unlawful, the officers were to answer it, for the men did no more than their duty in obeying orders. He was told by the court, that acting under the commission justified in what was lawful, but not in what was unlawful. He answered, he stood in need of nothing to justify him in what was lawful, but the case of seamen must be very hard, if they must be brought into such danger for obeying the commands of their officers, and punished for not obeying them; and if they were allowed to dispute the orders, there could be no such thing as command kept up at sea.
This seemed to be the best defence the thing could bear; but his taking a share of the plunder, the seamen's mutinying on board several times, and taking upon them to control the captain, showed there was no obedience paid to the commission; and that they acted in all things according to the custom of pirates and freebooters, which weighing with the jury, they brought him in guilty with the rest.
As to Capt. Kidd's defence, he insisted much on 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 circ.u.mstances, to go a pirating; that the men often mutinied against him, and did as they pleased; that he was threatened to be shot in the cabin, and that ninety-five left him at one time, and set fire to his boat, so that he was disabled from bringing his s.h.i.+p 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 pa.s.ses. The captain called one Col.
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 Kidd's s.h.i.+p and his own against Monsieur du Ca.s.s, 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.
[Ill.u.s.tration: _Captain Kidd hanging in chains._]
As to the friends.h.i.+p shown to Culliford, a notorious pirate, Kidd 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 s.h.i.+p to the said pirate. But the evidence being full and particular against him, he was found guilty as before mentioned.
When Kidd was asked what he had to say why sentence should not pa.s.s against him, he answered, that _he had nothing to say, but that he had been sworn against by perjured and wicked people_. And when sentence was p.r.o.nounced, he said, _My Lord, it is a very hard sentence. For my part, I am the most innocent person of them all, only I have been sworn against by perjured persons_.
Wherefore about a week after, Capt. Kidd, Nicholas Churchill, James How, Gabriel Loff, Hugh Parrot, Abel Owen, and Darby Mullins, were executed at Execution Dock, and afterwards hung up in chains, at some distance from each other, down the river, where their bodies hung exposed for many years.
Kidd died hard, for the rope with which he was first tied up broke with his weight and he tumbled to the ground. He was tied up a second time, and more effectually. Hence came the story of Kidd's being twice hung.
Such is Captain Kidd's true history; but it has given birth to an innumerable progeny of traditions. The report of his having buried great treasures of gold and silver which he actually did before his arrest, set the brains of all the good people along the coast in a ferment.
There were rumors on rumors of great sums of money found here and there, sometimes in one part of the country sometimes in another; of coins with Moorish inscriptions, doubtless the spoils of his eastern prizes.
Some reported the treasure to have been buried in solitary, unsettled places about Plymouth and Cape Cod; but by degrees, various other parts, not only on the eastern coast but along the sh.o.r.es of the Sound, and even Manhattan and Long Island were gilded by these rumors. In fact the vigorous measures of Lord Bellamont had spread sudden consternation among the pirates in every part of the provinces; they had secreted their money and jewels in lonely out-of-the-way places, about the wild sh.o.r.es of the sea coast, and dispersed themselves over the country. The hand of justice prevented many of them from ever returning to regain their buried treasures, which remain to this day thus secreted, and are irrecoverably lost. This is the cause of those frequent reports of trees and rocks bearing mysterious marks, supposed to indicate the spots where treasure lay hidden; and many have been the ransackings after the pirates' booty. A rocky place on the sh.o.r.es of Long Island, called Kidd's Ledge, has received great attention from the money diggers; but they have not as yet discovered any treasures.
THE b.l.o.o.d.y CAREER AND EXECUTION OF VINCENT BENAVIDES A PIRATE ON THE WEST COAST OF SOUTH AMERICA.
Vincent Benavides was the son of the gaoler of Quirihue in the district of Conception. He was a man of ferocious manners, and had been guilty of several murders. Upon the breaking out of the revolutionary war, he entered the patriot army as a private soldier; and was a serjeant of grenadiers at the time of the first Chilian revolution. He, however, deserted to the Spaniards, and was taken prisoner in their service, when they sustained, on the plains of Maypo, on the 5th of April, 1818, that defeat which decided their fortunes in that part of America, and secured the independence of Chili. Benavides, his brother, and some other traitors to the Chilian cause, were sentenced to death, and brought forth in the Plaza, or public square of Santiago, in order to be shot.
Benavides, though terribly wounded by the discharge, was not killed; but he had the presence of mind to counterfeit death in so perfect a manner, that the imposture was not suspected. The bodies of the traitors were not buried, but dragged away to a distance, and there left to be devoured by the gallinazos or vultures. The serjeant who had the superintendence of this part of the ceremony, had a personal hatred to Benavides, on account of that person having murdered some of his relations; and, to gratify his revenge, he drew his sword, and gave the dead body, (as he thought,) a severe gash in the side, as they were dragging it along. The resolute Benavides had fort.i.tude to bear this also, without flinching or even showing the least indication of life; and one cannot help regretting that so determined a power of endurance had not been turned to a better purpose.
Benavides lay like a dead man, in the heap of carca.s.ses, until it became dark; and then, pierced with shot, and gashed by the sword as he was, he crawled to a neighboring cottage, the inhabitants of which received him with the greatest kindness, and attended him with the greatest care.
The daring ruffian, who knew the value of his own talents and courage, being aware that General San Martin was planning the expedition to Peru, a service in which there would be much of desperation and danger, sent word to the General that he was alive, and invited him to a secret conference at midnight, in the same Plaza in which it was believed Benavides had been shot. The signal agreed upon, was, that they should strike fire three times with their flints, as that was not likely to be answered by any but the proper party, and yet was not calculated to awaken suspicion.
San Martin, alone, and provided with a brace of pistols, met the desperado; and after a long conference, it was agreed that Benavides should, in the mean time, go out against the Araucan Indians; but that he should hold himself in readiness to proceed to Peru, when the expedition suited.
Having procured the requisite pa.s.sports, he proceeded to Chili, where, having again diverted the Chilians, he succeeded in persuading the commander of the Spanish troops, that he had force sufficient to carry on the war against Chili; and the commander in consequence retired to Valdivia, and left Benavides commander of the whole frontier on the Biobio.
Having thus cleared the coast of the Spanish commander, he went over to the Araucans, or rather, he formed a band of armed robbers, who committed every cruelty, and were guilty of every perfidy in the south of Chili. Whereever Benavides came, his footsteps were marked with blood, and the old men, the women, and the children, were butchered lest they should give notice of his motions.
When he had rendered himself formidable by land, he resolved to be equally powerful upon the sea. He equipped a corsair, with instructions to capture the vessels of all nations; and as Araucan is directly opposite the island of Santa Maria, where vessels put in for refreshment, after having doubled Cape Horn, his situation was well adapted for his purpose. He was but too successful. The first of his prizes was the American s.h.i.+p Hero, which he took by surprise in the night; the second, was the Herculia, a brig belonging to the same country. While the unconscious crew were proceeding, as usual, to catch seals on this island, lying about three leagues from the main land of Arauca, an armed body of men rushed from the woods, and overpowering them, tied their hands behind them, and left them under a guard on the beach. These were no other than the pirates, who now took the Herculia's own boats, and going on board, surprised the captain and four of his crew, who had remained to take care of the brig; and having brought off the prisoners from the beach, threw them all into the hold, closing the hatches over them. They then tripped the vessel's anchor, and sailing over in triumph to Arauca, were received by Benavides, with a salute of musketry fired under the Spanish flag, which it was their chief's pleasure to hoist on that day. In the course of the next night, Benavides ordered the captain and his crew to be removed to a house on sh.o.r.e, at some distance from the town; then taking them out, one by one, he stripped and pillaged them of all they possessed, threatening them the whole time with drawn swords and loaded muskets. Next morning he paid the prisoners a visit and ordered them to the capital, called together the princ.i.p.al people of the town, and desired each to select one as a servant. The captain and four others not happening to please the fancy of any one, Benavides, after saying he would himself take charge of the captain, gave directions, on pain of instant death, that some one should hold themselves responsible for the other prisoners.
Some days after this they were called together, and required to serve as soldiers in the pirates army; an order to which they consented, knowing well by what they had already seen, that the consequence of refusal would be fatal.
Benavides, though unquestionably a ferocious savage, was, nevertheless, a man of resource, full of activity, and of considerable energy of character. He converted the whale spears and harpoons into lances for his cavalry, and halberts for his sergeants; and out of the sails he made trowsers for half of his army; the carpenters he set to work making baggage carts and repairing his boats; the armourers he kept perpetually at work, mending muskets, and making pikes; managing in this way, to turn the skill of every one of his prisoners to some useful account. He treated the officers, too, not unkindly, allowed them to live in his house, and was very anxious on all occasions, to have their advice respecting the equipment of his troops.