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NICHOLAS BAYARD. 535

Mr. Emot. By Your Honor’s permission, I am of counsel
for Colonel Bayard, the prisoner at the bar; but by reason I
am unwilling to spend too much of your time, this trial
already having been very long; and Mr. Nicholl, who is also
of the counsel on the same side, having amongst other things
made it very evident, that for the subjects to petition his
tmnajesty is their ancient and indubitable right; I shali there-
fore make it my business only, as near as I can, to demon-
strate to this court and jury, that had the king’s counsel
made ample proof that all the matters of fact alleged in the
indictment, as the signing the addresses, and other things
therein contained, were true; yet, in point of law, they can-
not amount to that grand crime of high treason.

He then made an elaborate, learned, and able argument
upon the law of treason, in which he examined all the av-
thorities upon the subject, and exposed with great clearness
and force, the absurdity of supposing the acta of the prisoner
to constitute the grave erime of high treason. He then com-
mented upon the act of the assembly, arguing that it had no
relation to a case like this; and contended, in conclusion, that
the jury were judges of law and fact. Matters of law, he ad-
mitted, were the most common and proper objects for the
determination of the judges, yet as law arose out of and was
interwoven and complicated with fact, it could not but fail
under the jury’s consideration.

The Prisoner. 1 desire some of
my evidence may be called to
give an account of my life and
egnveraation. (Whieh was grant-

)

‘Wr. Vesey. Am minister of
Trinity church; have been for
six years personally acquainted
with Col. Bayard; during which
time his life and conversation
recommended him in the world
a8 an exemplary christian; and
the frequent expressions of his
zeal and affection to his majes-
ty’s person and government con-

vineed me that he was a good
subject,

Capt. Tudor. Have known
Col, Bayard 26 years; s moder-
ate, civil, good man; has been
employed in almost all offices of
the greatest trust in the govern-
ment; never disaffected, but
stood up for the Protestant re-
ligion and King William.

The Prisoner. To prove that
I have upon sundry emergen-
cies, during the late war, ad-
vanced of my private fortune

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