After the Grand Jury had returned the bill of indictment for murder,
the Clerk of Arraignment said:

"William Kidd, hold up thy hand."

With a pluck and persistence which must have had a certain pathetic
dignity, Kidd began to object.

"May it please your Lordship, I desire you to permit me to have
counsel."

_The Recorder_. "What would you have counsel for?"

Kidd. "My Lord, I have some matters of law relating to the indictment,
and I desire I may have counsel to speak to it."

_Dr. Oxenden_. "What matter of law can you have?"

_Clerk of Arraignment_. "How does he know what he is charged with? I
have not told him."

_The Recorder_. "You must let the Court know what these matters of law
are before you can have counsel assigned you."

_Kidd_. "They be matters of law, my Lord."

_The Recorder_. "Mr. Kidd, do you know what you mean by matters of
law?"

_Kidd_. "I know what I mean. I desire to put off my trial as long as
I can, till I can get my evidence ready."

_The Recorder_: "Mr. Kidd, you had best mention the matter of law you
would insist on."

_Dr. Oxenden_. "It cannot be matter of law to put off your trial, but
matter of fact."

_Kidd_. "I desire your Lordship's favor. I desire that Dr. Oldish and
Mr. Lemmon here be heard as to my case (indicating lawyers present in
court)."

_Clerk of Arraignment_. "What can he have counsel for before he has
pleaded?"

_The Recorder_. "Mr. Kidd, the Court tells you it shall be heard what
you have to say when you have pleaded to your indictment. If you plead
to it, if you will, you may assign matter of law, if you have any, but
then you must let the Court know what you would insist on."

_Kidd_. "I beg your Lordship's patience, till I can procure my papers.
I had a couple of French passes which I must make use of, in order to
my justification."

_The Recorder_. "This is not matter of law. You have had long notice
of your trial, and might have prepared for it. How long have you had
notice of your trial?"

_Kidd_. "A matter of a fortnight."

_Dr. Oxenden_. "Can you tell the names of any persons that you would
make use of in your defense?"

_Kidd_. "I sent for them, but I could not have them."

_Dr. Oxenden_. "Where were they then?"

_Kidd_. "I brought them to my Lord Bellomont in New England."

_The Recorder_. "What were their names? You cannot tell without book.
Mr. Kidd, the Court sees no reason to put off your trial, there