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

Here is the translated text as follows:

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. This statute provided that "whatsoever person or persons shall 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 majesties 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. A Grand Jury was summoned to meet on February 19th.

February 19.

Before the grand jurors were sworn, the counsel for the prisoner, Messrs. Emott and Nicholl, objected against some of them for declaring before several witnesses, who were ready to be produced in court, "That if Bayard's neck was made of gold he should be hanged." At the same time, they boasted that they were of the jury and prayed that since that jury was summoned upon that special matter, such might not be sworn. The Court overruled this objection.

Atwood, 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 words of this act of assembly but also by the common law before the statute of the 25th of Edward III.

The jurors having received the charge, the court adjourned until the next day.

February 20.

The indictment against Colonel Bayard was delivered by the court to the grand jury. Mr. Weaver, appointed solicitor general, presented the case.

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

*Nicholl, William. Mentioned as register, 1683; councilor under Governor Bellamont; put under bond for protecting pirates, 1689. See Documentary History of New York, E. B. O'Callaghan, editor, V. II; Warren, Harvard Law School, V. I.

*Weaver, Thomas. Agent for the provinces, 1699; sworn in as collector and receiver general, 1701; member of Lord Cornbury's council, 1702; solicitor general, 1702; charges of treason were brought against him.

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