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"Case and Tryal of John Peter Zenger" | |
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and Mr. Smith said, they understood it otherwise. They both also mentioned, that it was a Doubt, whether by the Words of the Order they were debarred of their Practice as Council, as well as Attornies, whereas they practiced in both Capacities? To which the Chief Justice answered, That the Order was plain, That James Alexander, Esq; and William Smith, were debarred and excluded from their whole Practice at this Barr, and that the Order was intended to barr their acting both as Council and as Attornies, and that it could not be construed otherwise, And if being asked Mr. Philipse, whether he understood the Order so; he answered, that he did. Upon this Exclusion of my Council I petitioned the Court to order Council for my Defence, who thereon appointed John Chambers, Esq; who pleaded Not Guilty for me to the Information. But as to the Point. Whether my Exceptions should be part of the Record as was moved by my former Council, Mr. Chambers thought not proper to speak to it; Mr. Chambers also moved, that a certain Day in the next Term, might be appointed for my Tryal, and for a Struck Jury; whereupon my Tryal was ordered to be on Munday the 4th of August, and the Court would consider till the first Day of next Term, whether I should have a Struck Jury or not, and ordered that the Sheriff should in the mean Time, at my Charge, return the Freeholders Book. At a Supream Court of Judicature held for the Province of New-York, before the Honourable James De Lancey, Esq; Chief Justice of the said Province; and the Honourable Frederick Philipse, Esq; second Justice of the said Province.On Tuesday the 29th of July, 1735· the Court opened, and on Motion of Mr. Chambers for a Struck Jury, pursuant to the Rule of the preceding Term, the Court were of Opinion, that I was entitled to have a Struck Jury; and that Evening at five of the Clock, some of my Friends attended the Clerk, for striking the Jury; when to their Surprize, the Clerk instead of producing the Freeholders Book, to strike the Jury out of it in their Presence as usual, he produced a List of 48 Persons, who, he said he had taken out of the Free-holders Book; my Friends told him, that a great Number of these Persons were not Freeholders, hat others were Persons holding Commissions and Offices at the Governour's Pleasure, |
that others were of the late displaced Magistrates of this City, who must be supposed to have Resentment against me, for what I had printed concerning them; that others were the Governour's Baker, Taylor, Shoemaker, Candlemaker, Joiner, &c. that as to the few indifferent Men that were upon that List, they had Reason to believe (as they had heard) that Mr. Attorney had a List of them, to strike them out; and therefore requested that he would either bring the Freeholders Book, and chuse out of it 48 unexceptionable Men in their Presence, as usual; or else, that he would hear their Objections particularly to the List he offered, and that he would put impartial Men in the Place of those against whom they could shew just Objections. Notwithstanding this, the Clerk refused to strike the Jury out of the Free-holders Book, and refused to hear any Objections to the Persons on his List; but told my Friends, if any Objections they had to any Persons, they might strike those Persons out; to which they answered, there would not remain a Jury, if they struck out all the exceptionable Men, and according to the Custom, they had only a Right to strike out 12. But finding no Arguments could prevail with the Clerk to hear their Objections to his List, nor to strike the Jury as usual, Mr. Chambers told him, he must apply to the Court, which the next Morning he did, and the Court upon his Motion Ordered, That the 48 should be struck out of the Freeholders Book as usual, in the Presence of the Parties, and that the Clerk should hear Objections to Persons proposed to be of the 48, and allow of such Exceptions as were just. In Pursuance of that Order, a Jury was that Evening struck, to the Satisfaction of both Parties, who my Friends and Council insisted on no Objections but want of Freeholds; and tho' they did not insist, that Mr. Attorney General (who was assisted by Mr. Blagge,) should shew any particular Cause, against any Persons he disliked, but acquiesced that any person he disliked should be out of the 48. Before James De Lancey, Esq; Chief Justice of the Province of New-York, and Frederick Philipse, second Judge, came on my Tryal, on the fourth Day of August, 1735, upon an Information for printing and publishing two News Papers, which were called Libels against our Governour and his Administration. The Defendant John Peter Zenger being called appeared. And the Sherrif returned his Venire for the Tryal of the said Cause. |
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 The Historical Society of the Courts of the State of New York | |