551 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:

NICHOLAS BAYARD

In the political landscape of New York, the aristocratic party, now in the minority, took measures to secure the new governor to their own interests. Nicholas Bayard, who had been long imprisoned by Leisler and was instrumental in his death, procured addresses to be signed to the king, the parliament, and to Cornbury. These addresses contained charges of bribery, public plunder, and oppression against the lieutenant governor, the chief justice, and the assembly. Additionally, reflections were liberally cast upon the memory of Lord Bellamont himself.

Previously, Bayard had procured a law to be enacted in 1691, when Leisler and his friends were targeted for ruin. This law stipulated that any person who, by any means or under any pretense whatsoever, endeavored to disturb the peace of the government by force of arms or otherwise, should be deemed a traitor.

The party in power, aware of this law and conscious that their authority and influence would soon be impaired, determined to bring Bayard to immediate trial before the arrival of the new governor. They feared that the governor might espouse Bayard's cause and save him. Broughton, the Attorney General, provided a written opinion stating that no crime had been committed. Nevertheless, a special court of Oyer and Terminer, consisting of three justices, was immediately established for the trial of Bayard and one of his adherents. Despite Bayard's petition to delay his trial until the regular term of the Supreme Court, he was granted only a five-day delay. On the nineteenth of February, 1702, the court assembled to decide his fate.

Broughton, the Attorney General, refused to prosecute and was not present at the trial, which was instead conducted by Weaver, the Solicitor General. When the Grand Jury was called, the prisoner’s counsel objected to some of its members, citing their prejudiced statements. These jurors had declared, "that if Bayard’s neck was made of gold he should be hanged," while boasting of their jury membership. However, the objection was overruled.