557 Sheet – American State Trials 1918 Volume X Leo Frank Document

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Reading Time: 4 minutes [531 words]

Here is the translated text as follows:

NICHOLAS BAYARD

The following individuals were present: Saunders, Jacob Cornelisse, Barent Kool, Goert Olpherts, Samuel Cornelius Clopper, Conrael Teneyck, and Jacobus Goelet.

The prisoner then read a petition to the court, in which he set forth the injustice and irregularity of the proceedings against him. He stated that the indictment was not agreed upon by any twelve members of the grand jury, and he requested that all members of the grand jury be examined by the court on this point. He also insisted that, as a matter of justice to him, the grand jury ought to have been composed of Englishmen of English extraction, of the best character for knowledge, integrity, justice, conscience, and estates. However, there was not a single Englishman on the jury; all were of Dutch extraction and education, and several were so ignorant that they could neither read nor write, nor understand the English language. He further complained that the petit jury was principally composed of Dutchmen, extremely ignorant of the English language. The petition was denied.

The Solicitor General made an introductory harangue to the jury, in which he declaimed against the English and French inhabitants of the colony, including the principal Dutch. He charged the prisoner with being the head of a faction, a malignant party, who had endeavored to introduce popery and slavery, "disturbers of our Israel," as they had been of the government of Leisler, which, he said, was now justified at home to be legal. He accused them of being a nest of pirates, betrayers of the prince and his laws, a parcel of bandits, who offered the late Earl of Bellamont a reward of ten thousand pounds to connive at piracies. He avowed himself to be of the Leislerian party and said he would stand or fall by it. He then detailed the facts he expected to prove.

THE WITNESSES FOR THE PROSECUTION

**Samuel Clows:** About a fortnight before Colonel Bayard's commitment, I happened to come to his house about some business, not at all relating to this matter. He asked me if I had seen the addresses? I answered, no. He then showed me three addresses; the first was to my Lord Cornbury. The persons addressing in it called themselves inhabitants of New York, and others distant from it; and, because some of them could not perhaps be present at his lordship's arrival here, did, by way of address, congratulate his lordship into this government, wishing him all health and prosperity, and that all factions and party might be banished from among us. Colonel Bayard asked me if I had anything to say against it? I answered, no, and then signed it. The other two addresses were one to the king, and the other to the House of Commons, or to the Parliament; I am not positive which. As I had read them, I remember I made this observation to myself, that they contained nearly both the same things; and in them, or one of them, to the best of my remembrance, were contained these things: the persons addressing called themselves Englishmen and others, who, though distant from New York, yet were well-wishers to the prosperity of this government.