New York weekly journal; Zenger, John Peter, 1697-1746
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 that 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. My friends and counsel insisted on no objections but want of
freehold, although they did not insist that Mr. Attorney General should
show any particular cause against any persons he disliked, but
acquiesced that any person he disliked should be left out of the 48.
3. Pleading
Before James Delancey, Chief Justice of the Province of New York, and
Frederick Philipse, Associate Justice, my trial began on August 4, 1735,
upon an information for printing and publishing two newspapers which
were called libels against our Governor and his administration.
The defendant, John Peter Zenger, being called, appeared.
MR. CHAMBERS, _of counsel for the defense_. I humbly move, Your Honors,
that we may have justice done by the sheriff, and that he may return the
names of the jurors in the same order as they were struck.
MR. CHIEF JUSTICE. How is that? Are they not so returned?
MR. CHAMBERS. No they are not. For some of the names that were last set
down in the panel are now placed first.
MR. CHIEF JUSTICE. Make that out and you shall be righted.
MR. CHAMBERS. I have the copy of the panel in my hand as the jurors were
struck, and if the clerk will produce the original signed by Mr.
Attorney and myself, Your Honor will see that our complaint is just.
MR. CHIEF JUSTICE. Clerk, is it so? Look upon that copy. Is it a true
copy of the panel as it was struck?
CLERK. Yes, I believe it is.
MR. CHIEF JUSTICE. How came the names of the jurors to be misplaced in
the panel?
SHERIFF. I have returned the jurors in the same order in which the clerk
gave them to me.
MR. CHIEF JUSTICE. Let the names of the jurors be ranged in the order
they were struck, agreeable to the copy here in Court.
Which was done accordingly; and the jury, whose names were as follows,
were called and sworn: Thomas Hunt (Foreman), Harmanus Rutgers, Stanly
Holmes, Edward Man, John Bell, Samuel Weaver, Andries Marschalk, Egbert
van Borsom, Benjamin Hildreth, Abraham Keteltas, John Goelet, Hercules
Wendover.
Mr. Attorney General opened the information, which was as follows:
Public-domain text, read in full here on John Shaqi.
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