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

Here is the translated text as follows:

NICHOLAS BAYARD

For the service, Nicholas Bayard attended them with the proofs and insisted on being present with the grand jury. He demanded that no person should be sent for except those he named and that no questions should be asked of them except those he approved. 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 during their private debates. They maintained that they had the right to send for whatever persons and ask whatever questions they deemed necessary for their information. In response, Mr. Weaver threatened them and, to use his own expression, "would cause them to be trounced," taking down their names. Consequently, the grand jury broke up without acting.

The court met in the afternoon according to adjournment, and the grand jury was sent for. Mr. Weaver complained 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 who wanted other evidence sent for besides what he had produced. Upon this, Arwoon, C.J., discharged the aforementioned four persons 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. The court adjourned until seven 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 until the next morning at eight o'clock. On the way from the court, in a fit of passion, he said, "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 court met, and the grand jury, appearing in court, brought in the indictment endorsed "Billa Vera" and signed by the foreman. Upon this, Arwoon, C.J., immediately discharged the jury.

The counsel for the prisoner informed the court that the bill was not found by twelve jurors. Upon examination, it appeared to the commissioners that of the jurors who remained in court, eight of the nineteen were against finding the bill, as recorded in the minutes of the court entered by order: Jacob Boelen, Abraham Kipp, John Van Hoo, Gerret Van Hoorn, Johannis Van Santa, Wm. Jackson, Burger Myndero, and Joan Vanderspiegell. The eight implored the court that the foreman might be brought upon his oath and the rest sent for to witness the truth that they only found the signing of the addresses and not the treason. To this, Arwoon, C.J., responded that they were no longer jurors; they had been discharged.

In 1702, charges were preferred against Bayard; he fled from New York, and a reward was offered for his arrest. However, upon the assurance of protection, he returned and gave bond. The prosecution against him was suspended in 1703. See New York State Library Annual Report, 1902; Calendar of Council Minutes, 1668-1783.