554 Slide – American State Trials 1918 Volume X Leo Frank Document

522 X, AMERICAN STATE TRIALS.

neither the address nor the petitions nor any matter therein
contained is criminal and illegal, but nevertheless the Council
issued its warrant for the arrest of Nicholas Bayard and
John Hutchins under a recent statute which provided that
“whatsoever person or persons, shal] by any manner of way,
or upon any pretense whatsoever, endeavor, by force of arms
or otherwise, to disturb the peace, good and quiet of this,
their majesty’s government, as it is now established, shall be
deemed and esteemed as rebels and traitors unto their ma-
jesties and incur the pains, penalties and forfeitures, as the
laws of England have for such offense made and provided.’”

The prisoners were taken into custody and a special Court
of Oyer and Terminer was appointed to try them and a Grand
Jury summoned to meet on Feb. 19th.

February 19.

"Before the grand jurors were sworn, the counsel for the priton-
er, Messrs. Emat® and Nicholl,’ objected againat some of them for
declaring before several witnesses then ready to be produced in
eourt, “That if Bayard’s neck was made of gold he should be
hanged;” at the same time boasting thet they were of the jury;
and prayed that since that jury was summoned upon that special
matter such might not be sworn, Which the Covrr overruled.

Arwoop, C. J., gave a long charge to the jury, aggravating the
facts supposed against the prisoner, and positively asserting that
those facts were treason, not only within the worda of this act of
assembly, but also by the common law before the statute of the 25th
of Edw, 3d.

The jurors having received the charge, the court adjourned till
next day,

February 20.

The indictment against Colonel Bayard was delivered by the court

to the grand jury; and Mr. Weaver® (appointed solicitor general

*Ewor, James. Petition for land at Staien Island granted,
1694; attorney for Miles Forster, 1696; patent received for land
in Duchess County, 1697, See New York State Library. Anu. Re-
port, 1902; Calendar of Council Minutes, 1668-1783; Warren,
Harvard Law School, VI.

TNicnout, Wiriiaa. Mentioned as register, 1683; councilor un-
der Governor Bellamont; put under bond for protecting pirates,
1689. See Documentary History of New York, E. B, O'Callaghan,
editor, V. Il; Warren, Harvard Law School, V. I.

* Weaver, Tuomas, Agent for the provinces, 1699; sworn in
aa collector and receiver general, 1701; member of Lord Corn-
bury’s council, 1702; solicitor general, 1702; charges of treason were