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524 X. AMERICAN STATE TRIALS.

presented the bill and the court was possessed of it; it was now a
record and there is uo averment against a record. It was ordered,
that the prisoner come to trial on Monday next; to whieh day the
court adjourned accordingly. March 2

Mr. Nichol moved that the indictment might be quashed, not be-
ing found by twelve men. The Court overruled the motion and
ealled on the prisoner, Nicholas Bayard, to plead.

Tho indictment charged that he, the said Nicholas Bayard, by
conspiracy as aforesaid; afterward to-wit, the said tenth day of
December last past, in the year aforesaid, in the aaid city and
county of New York aforesaid, and divers other days and times
as well before as after, falsely, maliciously, advisedly, elandestinely,
rebellionsly and traitorously, with force of arma, ete. did we divers
indireet practices and endeavors to procure mutiny and desertion
among the soldiers in pay belonging to his Majesty's fort and gar-
rison of Fort William Henry, in or near the said city of New
York aforesaid, and did draw in numbers of them the said soldiers
and others to sign false and scandalous libels against his Majesty’«
said government, as it is now and has for several years last past
been established in this provinee; which said libels by the procure-
soent of the said Nicholas Bayard, as aforesaid, were signed by the
said soldiers and others, and were likewise signed by him the said
Nicholas Bayard; in one or more of which said libels amongst other
things highly reflecting on the last and present administration of
the government under his Majesty in this province it ia insinuated
and declared that his Majesty’s subjects within this province are
and havo been for some years Inst past by persons entrasted with
the administration of said government under his Majesty, op-
pressed; and that the said government hath been and is rendered
cheap and vile in the eyes of the people os also that the present
general assembly of this province is not a lawful assembly. By
which and divers other malicious seandals in the said libels con~
tained he, the said Nicholas Bayard hath incited his Majesty’s sub-
jects of this province to disown the present authority and govern-
ment thereof and to cast off their obedience to his Majesty’s satd
government aa it now is and hath for several years been established,
against the duty of his, the said Nicholes Bayard’a allegiance;
against the peace of our said sovereign Lord the King that now is,
his crown and dignity, as also aginst the form and effect of one
statute or act of general assembly of this province, enacted in the
year of our Lord God, 1691, entitled “An act for quieting and set-
fling the disorders that have lately happened within this province
and for establizhing and securing their Majesties’ present govern-
ment against the like disorders for the future.”

Cot. Bayard. T plead not guilty and put myself upon God and
the country.

The following petty jurors were sworn: Isaac Stoutenburgh,
Jacob Vander Spiegell, Andries Marzhalk, Gerret Viele, Thomas

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