“Why are you looking at me like that?” asked Israel Hands.
“Like what?”
“Like a wild dog. What are you doing beneath the desk? Are you hiding something?”
Despite his heart thundering in his chest, he told himself to remain calm. “I’m not doing anything.”
“Yes, you are. You have something that you’re hiding.”
“No, I don’t.”
“Yes, you do. Don’t lie to me. That’s all you’ve been doing the past four months is lying to us. Well, I can tell you the rest of the crew and I are sick of it.”
You must distract him, Edward. “You know there are rumors ashore of an Indian uprising in the country. What do you think of that, Master Hands?”
“Indians…what does that have to do—?”
“The Tuscarora War ended just three years ago, and Indian attacks are fresh on Governor Eden’s and everyone else’s mind.”
“What the hell is wrong with you? I don’t care a lick about bloody Indians.”
Shoot him—you’ve got to shoot him before he stands up!
His heart quickened as he raised the nose of the pistol so it was directly on Hands’s right kneecap beneath his captain’s desk. Inside, he felt a palpable sense of danger. His aim had to be dead and true so that the sailing master wouldn’t be able to recover and get off a shot with either of his pistols.
“I don’t believe you would make a good captain, Master Hands.”
“And why is that?”
“I don’t believe you be ruthless enough. A captain has to be willing to take drastic action for the betterment of the entire crew, not merely his favorites.”
“What’s wrong with you? Do you have the pox like some of the other crew members? You haven’t been yourself since Charles Town.”
Breathing in a controlled rhythm, he tightened his right hand around the grip and visualized the line the powder charge would take in its travel path to Hands’s right kneecap. All he really wanted to do was frighten the sailing master enough that he would quit the company without taking more than a couple of his loyalists with him. That was why Thache was poised to fire his pistol beneath the desk loaded with only a gunpowder cartridge, and no shot.
“You have violated my trust. For that, you will have to be punished.”
“What the hell are you talking about?”
“Curse your prating insolence, sir. You are about to become a cripple.”
His finger curled around the trigger. There was no wobble or quiver; his hand was steady as a surgeon’s. But inside he still felt guilty for what he was about to do. Margaret will understand, he told himself to steel himself against his self-doubt. I have no choice. Margaret will understand and soon I will be in her loving arms again.
“Goodbye, Mr. Hands. I’m afraid this is where we part company and our stories become separate. Despite your quarrelsome nature, I wish you a good life.”
“Be this a jest? What are you up to? I’ll have no more of this tomfoolery.”
“I know ye won’t. And neither will I.”
Thache calmly leaned forward in his chair and blew the candle out, a whisper of wind riffling his thick black beard. Then, with the utmost deliberation, he removed the other pistol so that he now clutched a loaded weapon bearing a powder charge in each hand beneath the table.
“What are you—?”
But Hands’s words were cut off as Thache squeezed each trigger, one right after the other.
Boom! Boom!
The two gunshots that exploded from inside the cabin were followed by a shriek of pain mingled with astonishment from the Adventure’s former captain and current sailing master. In the next instant, Israel Hands had fallen from his chair to the floor and was crying out in agony. Thache calmly rose from his chair and inspected the wound. It was as he had planned. Hands’ knee was badly maimed and he would be crippled for life. But because Thache had used only a powder charge instead of small caliber “bird shot” or a mini ball at point-blank range, he had not delivered such a fearsome wound that his adversary’s leg was severed from his body and he would bleed to death. He had punished him severely for attempting to subvert his authority, but he had deliberately spared his life.
He took a heavy cloth rag, pressed it against the wound, and took his right hand and pressed it firmly against his injured right kneecap. Hands moaned and squirmed in agony.
“Avast, Mr. Hands. Stop your crying and wriggling and keep pressure on that wound, or you’ll die.”
“Look at what you’ve done to me, you bastard! I’ll never walk again!”
“Aye, but you will, Mr. Hands—in due course yet with a limp. Just remember, whatever has happened to you, you did it to yourself. Never forget that.”
“I’ll blast you to Davy Jones one day, I will! You’re going to have to look over your shoulder the rest of your natural days, you savage cur!”
“Save your breath and look to your wound. Your vengeance can wait.”
He rose from his feet and started for the door, bumping the lantern hanging near the entrance. He then stepped from the room, his tall, lean, sinewy frame silhouetted by the swaying yellow lantern-light coming from within the cabin. The sounds of Israel Hands’s screams of agony rose above the sound of the water lapping against the hull of the boat. A dozen seamen quickly assembled before him with stunned expressions on their faces. Caesar, Garret Gibbons, and Joseph Brooks Jr. and Sr. were the first to arrive on the scene and stood up front.
Looking into the accusatory eyes of his men, he couldn’t help but feel guilty for what he had just done. But he also knew it was the right thing to do. Hands had poisoned his ship with all his mutinous talk and there was no choice but to cut him loose from the remaining company. The man had backed him into a corner and had now paid the price.
“Caesar and Mr. Gibbons,” he commanded, “prepare a boat at once and go fetch the local surgeon. His name is Dr. Patrick Maule and he lives at the corner of Bay and Craven Streets.”
“W-What happened?” stammered Caesar, trying to peer inside the cabin where the moaning and screaming was coming from.
“I’m afraid Master Hands has had an accident. Now please fetch the doctor.”
CHAPTER 59
CAPITOL, WILLIAMSBURG
OCTOBER 29, 1718
FROM HIS ESTEEMED SEAT in his Governor’s Council Chamber, Alexander Spotswood looked around the table at the eight councilors in attendance. With eight of the twelve members still firmly opposed to him, he had not had any tangible success at reconciliation and was still under siege. The problem, as he saw it, was that they were too independent-minded, like impetuous adolescents grappling to break free from their parents. All the men in the room considered themselves loyal British subjects, but many had never even set foot on British soil and they saw themselves as distinct from the ruling classes of London, merchants of Bristol, and yeomen of York—and Spotswood was growing tired of them.
If his friend and mentor Robert Beverley was to be believed, they considered themselves “Americans” of the Royal Colony of Virginia first and foremost—and Englishmen second. Like Beverley, some even liked to go so far as to call themselves “Indians” to further distinguish themselves from the Old World back in England and demonstrate their closer affinity to their more free-spirited and less orthodox indigenous counterparts in the New World. But Spotswood was George I’s representative in Virginia, the instrument of the King’s rule in a distant colony, and it was his job to unquestioningly fulfill the prerogatives of the Crown and look out for the interests of Great Britain, protectors of its loyal colonial subjects. To that end, he could not allow these intransigent provincials, these petulant children, to prevail or limit his authority in any way.
“Today’s order of business, gentlemen,” he began in his customary high-pitched, authoritarian tone, “is in regard to the trial of the notorious pirate William Howard. He is second-in-command to Blackbeard and quartermaster of the Queen’s Anne’s Revenge. As you are aware,
Mr. Howard came into this colony in late August with two Negroes which he owned and were piratically taken, one from a French ship and the other from an English brigantine. I caused them to be seized pursuant to His Majesty’s instructions, upon which, encouraged by the favorable reception he received in our colony from supporters of pirates, he commenced a suit against the officer who made the seizure. His insolence became so intolerable, without applying himself to any lawful business, that the justices of the peace where he resided thought fit to send him on board the HMS Pearl as a vagrant seaman. Hereupon, he caused not only the justice who signed the warrant but Captain Gordon and Lieutenant Robert Maynard of the man-of-war to be arrested, each in an action of five-hundred-pounds damages. Captain Brand of the HMS Lyme firmly believes that Howard, whom he regards as one of the most mischievous and vilest villains that has infested the Atlantic coast, should be criminally tried. I wholeheartedly agree and hereby propose that Howard not be given a jury trial pursuant to the Statute of Henry VIII, c. 15, but rather be tried without a jury under Statute 11 and 12 William III, c. 7.29. That is our order of business for today, gentlemen, to decide how to instigate criminal proceedings against the felonious Mr. Howard.”
Glances were exchanged and a note of disapproval rumbled through the chamber. Philip Ludwell and Reverend James Blair, seated to Spotswood’s immediate left, scowled at him, as if what he was proposing was preposterous.
“Do I detect a note of objection amongst you gentlemen?” he inquired stiffly.
Ludwell leaned forward in his seat. “It is my understanding that Mr. Howard has retained the services of John Holloway, one of the chief lawyers of the colony, as his legal counsel.”
“Yes, that is correct. Howard was assisted by influential friends of low character ashore who apparently alerted the lawyer. Mr. Holloway is a man of equally questionable morals in my view. He is, after all, a constant patron and advocate of pirates.”
Reverend Blair scoffed. “You have just unjustifiably imputed the character and reputation of Mr. Howard’s counsel. Mr. Holloway—an attorney of the Marshalsea Court of London before emigrating to Virginia—is one of the most eminent lawyers in all of Virginia and does not deserve such unwarranted censure.”
“What the good reverend is trying to say is that most of us in this room don’t share your enthusiasm for crucifying sea rovers, Lieutenant Governor,” said Ludwell. “Particularly when we know this crusade of yours is all a ploy to distract from your inadequacies as the King’s representative to this colony.”
Spotswood forced himself to maintain his composure. “William Howard, Blackbeard, and the other pirates infesting this colony and our neighbors to the south represent a threat to Virginia’s commerce, and their very presence encourages others to piracy.”
“That may be true,” allowed Ludwell, “but that is not the real reason for your decision to move against these pirates. Like politicians before and since, you have launched a crusade against an enemy that is more imaginary than real to divert public attention from your own improprieties at home. And you are ignoring one simple fact: pirates are good for business. They bring money and cheap goods into the colony, and it is for this reason that most of us provincials, as you are so fond of calling us, have no problem with them. We, sir, do not mind English pirates, so long as they prey on vessels of other nations or just take provisions as needed.”
“But Blackbeard, Howard, and their confederates prey upon the vessels of all nations and have had a negative impact on English trade here in the colonies.”
“The governor speaks the truth,” said Cole Diggs, one of the governor’s minority of supporters. “During the war, privateers helped our businesses. But in the last two years, there have been far too many British victims of English pirates, and many of those on the Virginia coast where we conduct our business.”
“I agree with Mr. Ludwell,” said John Grymes, Ludwell’s nephew, who had for several years now been one of the governor’s most active opponents in the House of Burgesses. “I think this whole obsession with pirates is to distract us, the burgesses, and the people of this colony from your own failing administration.”
“It is true,” added Reverend Blair before Spotswood could get a word of protest in. “Anti-piracy has become a singular obsession for you, your closest associates, and a few hirelings. Why this obsession, Alexander? Is it truly just a ploy to distract us all from your other questionable actions?”
He reminded himself once again to keep his temper in check. The more pugnacious council members like Ludwell, Blair, and Grymes often attempted to stir him up during meetings and make him lose his composure, but over the years he had learned more and more not to rise to their baiting and to at least maintain a veneer of professional courtesy.
“With all due respect, gentlemen, this is not my obsession. The eradication of piracy is the most fervent wish of the Board of Trade and the Admiralty.”
“Both of whom you will go to extremes to flatter,” sniped Ludwell. “The civilian residents of this colony are more like-minded to those in neighboring North Carolina and other America colonies. The Board of Trade and Admiralty may want piracy terminated, but most provincials do not.”
“I agree with my esteemed uncle,” echoed Grymes, who was quickly echoed with “Hear, hear!” by Carter, Smith, and Corbin, who also seldom saw eye to eye with the governor. “Furthermore,” he went on, “you have no actual legal authority to try anyone for piracy. And you most certainly don’t have the legal right to arrest someone without trial and confiscate his goods.”
“Well, at least I know where you and your uncle stand, John. You favor the rights of pirates over the denizens of this colony. No, sir, I will not be a party to that kind of madness. By my authority as the chief official of this colony, I am hereby charging William Howard with piracy. The only question is whether he will be tried by a jury or before a Court of Vice-Admiralty without a jury. So, which is it to be, gentlemen. We’ve wasted enough time quibbling like schoolboys and debating matters of no consequence. Now it’s time for the council to make an important decision.”
“If William Howard is to be tried at all,” said Ludwell, “I say he should be given a jury trial pursuant to the Statute of Henry VIII, c. 15.”
“I second that motion,” said Blair.
Murmurs of agreement sounded from several other council members.
“Now just wait a minute,” said Spotswood, opening his law book with several marked pages. “I believe that with a careful reading of the Act of the 11th and 12th of King William—the Act for the Effectual Suppressing of Pirates—you will agree that a trial before a Court of Vice-Admiralty is more appropriate.”
He passed the open, leatherbound law book to Cole Diggs, whom he knew would support him. After taking a moment to read the relevant sections, Diggs said, “Yes, I quite agree. Mr. Howard should be tried without a jury under the Statute 11 and 12 William III, c. 7.29.”
“Here, let me and the others see that,” said Ludwell. He took the British case book and set it at the edge of the table so that he and the rest of the council members could read the articles. “All right,” he said after a full two minutes had passed. “It would appear the law is on your side, Lieutenant Governor. But I would remind you that in a trial of pirates previously held in Virginia on May 13, 1700, both grand and petit juries were used. And it is my understanding that in the ongoing trial of Stede Bonnet and his crew being conducted in Charles Town, the pirates are being judged by their peers. It is a matter of judicial fairness.”
“I don’t particularly care about fairness for pirates,” said Spotswood.
“Yes, you’ve made that abundantly clear,” said the reverend. “But I would humbly remind you that most Admiralty courts in America and most colonial-friendly British officials resist trying their pirate friends.”
“Yes well, I am no friend of the pirates, nor of these rebellious colonials you refer to as Americans.”
Ludwell scoffed. “Why we are all here A
mericans, Lieutenant Governor. Everybody but you that is. For us, the colonies come first—not the King. I would have thought you would have learned that lesson by now.”
“That kind of talk is treason against the Crown—and you know it, Philip Ludwell. Please do not try my patience any further with such treasonous talk, even if you are doing it solely to shock me.”
“My apologies if I have upset his governorship. But make no mistake, that is the thinking of most everyone in this colony. So you had better learn that accommodation is the better part of valor.”
“I would not in this lifetime perform any such accommodation unless I thought it appropriate and met the needs of the Crown. But for now, let’s take it one step at a time and get down to the details of Mr. Howard’s trial. Shall we?”
Several of the councilors voiced their approval and, for the next two hours, the nine men thrashed out the legal groundwork for the coming trial of Blackbeard’s quartermaster. The piracy law passed by William III specified that a governor could hold a pirate trial without using a jury only in a time of crisis, so Spotswood’s first task was to convince the councilors that Edward Thache and his remaining and former crew members in Virginia and North Carolina constituted a pirate “crisis” that threatened the colony. They then went over the piracy charges. The indictment against Howard cited several attacks made by Thache in 1717, then claimed the attacks continued after January 5—thereby making the quartermaster and his captain legally ineligible for the King’s pardon. At Spotswood’s urging, the councilors were eventually willing to ignore the fact that Governor Eden had extended the pardon to Thache and his crew, making the pirate commodore a legal claimant beyond Virginia’s southern border.
The charges focused on the Spanish sloop captured off Havana, which he had renamed Adventure and now legally owned thanks to Eden, as well as several other attacks after the January 5 cutoff date, including the capture of the slaver off the Charles Town bar. This was important because one of the two slaves accompanying William Howard when he was captured was first seized by the pirates on board that slave ship. The slave, therefore, provided proof that Howard took part in the attack. When they were finished listing all the charges, Reverend Blair asked what the next step was in preparation for trial.
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