New York weekly journal; Zenger, John Peter, 1697-1746
Upon this exclusion of my counsel I petitioned the Court to order
counsel for my defense, who thereon appointed John Chambers; who pleaded
“Not guilty” for me. But as to the point whether my exceptions should be
part of the record as was moved by my former counsel, 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 trial, and for a
struck jury. Whereupon my trial was ordered to be on Monday, August 4,
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 meantime, at my charge, return the Freeholders book.
On Tuesday, July 29, 1735, the Court opened. On the motion of Mr.
Chambers for a struck jury, pursuant to the rule of the preceding term,
the Court were of the opinion that I was entitled to have a struck jury.
That evening at five o’clock some of my friends attended the clerk for
striking the jury; when to their surprise the clerk, instead of
producing the Freeholders book, to strike the jury from it in their
presence as usual, produced a list of 48 persons whom he said he had
taken out of the Freeholders book.
My friends told him that a great number of these persons were not
freeholders; that others were persons holding commissions and offices at
the Governor’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
Governor’s baker, tailor, shoemaker, candlemaker, joiner, etc.; 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 they requested that he would either bring
the Freeholders book, and choose out of it 48 unexceptional 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 show just objections.
Notwithstanding this, the clerk refused to strike the jury out of the
Freeholders book, and refused to hear any objections to the persons on
the list; but told my friends that if they had any objections to any
persons, they might strike those persons out. To which they answered
that there would not remain a jury if they struck out all the
exceptional men, and according to the custom they had a right to strike
out only twelve.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account