Reading Time: 3 minutes [474 words]

NICHOLAS BAYARD. 523

for the service) attended them with the proofs and insisted to be
present with the grand jury, and that no person should be sent for
but whom he should name; and that no question should be asked
them but such as he should approve of. On the other hand, John
Corbitt, Caleb Cooper, John Cortland, and John d’Key insisted
that the King’s counsel ought not to be present with them at their
private debates; and that they had a right to send for what per-
sons and ask for what questions for their information they should
think needfol. Whereupon, Mr. Weaver did threaten them and
(to, use his own expression), “would cause them to be trounced,”
taking down their names. And the grand jury broke up without
acting.

The Courr in the afternoon met according to adjournment and the
grand jory being sent for, Mr. Weaver made complaint that he was
obstructed by some of the grand jury who would not acquiesce to
his being present at the examination of the King’s evidence and
would have other evidence sent for than what were by him produced.
And whereupon Arwoon, C, J., did discharge the aboveaaid four per-
sons from their further service and caused Jacob Boelen, who was
absent when the others were sworn, to be sent for from his house,
sworn and added to the grand jury; and the court adjourned till
saven o'clock that evening, but did not meet until about midnight;
when sending to know if the jury had found the bill, and being
informed they were separated, he adjourned the court till next
morning at eight o’cloeck; and on the way from the court in passion
eaid, “If the grand jury ‘will not find a bill against Colonel Bayard,
I will bring an information against him of high treason and try
‘him upon that.”

February 21,

The Cour met, and the grand jory, appearing in court, the in-
dietment was brought in by the foreman, endorsed, “Bila Vera,”
and signed with his name. Upon which Arwooo, C, J., immediately
diecharged the jury.

The Counsel for the prisoner informed the court that the bill was
not found by twelve jurors. And upon examination, it appeared to
the commissioners that of such of the jurora who remained in court
eight of the nineteen were against finding the bill, as appears by
tho minutes of the court, entered by order: Jacob Boelen, Abraham
Kipp, John Van Hoo, Gerret Van Hoorn, Johannis Van Santa,
Wm. Jackson, Burger Myndero, Joan Vanderspiegell. The eight
importuned the court thai the foreman might be brought upon his
oath and the rest sent for to witness the trath that they only
found the signing the addresses and not the treason. To which
Arwoon, C. J., made answer they were no longer jurora; they had

preferred against him in 1702; be fled from New York, and a
reward waa offered for his arrest, but, upon the assurance of protec-
tion, he returned and gave bond; the prosecution against him was
suspended in 1703, See New York State Library Ann. Report,
1902; Calendar of Couneil Minutes, 1668-1783.

Related Posts