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

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Reading Time: 3 minutes [411 words]

Here is the translated text as follows:

NICHOLAS BAYARD

Mr. Emot: By Your Honor's permission, I am counsel for Colonel Bayard, the prisoner at the bar. However, I am unwilling to take up too much of your time, as this trial has already been very long. Mr. Nicholl, who is also counsel on the same side, has, amongst other things, made it very evident that for the subjects to petition His Majesty is their ancient and indubitable right. Therefore, I shall make it my business only, as near as I can, to demonstrate to this court and jury that even if the king's counsel had made ample proof that all the matters of fact alleged in the indictment—such as the signing of the addresses and other things therein contained—were true, yet, in point of law, they cannot amount to the grand crime of high treason.

He then made an elaborate, learned, and able argument upon the law of treason. In his argument, he examined all the authorities on the subject and exposed with great clarity and force the absurdity of supposing the acts of the prisoner to constitute the grave crime of high treason. He then commented upon the act of the assembly, arguing that it had no relation to a case like this. In conclusion, he contended that the jury were judges of both law and fact. He admitted that matters of law were the most common and proper objects for the determination of the judges. Yet, as law arises out of and is interwoven and complicated with fact, it could not but fall under the jury's consideration.

**The Prisoner:** I desire some of my evidence may be called to give an account of my life and conversation. (Which was granted.)

**Mr. Vesey:** I am the minister of Trinity Church and have been personally acquainted with Colonel Bayard for six years. During this time, his life and conversation have recommended him in the world as an exemplary Christian. The frequent expressions of his zeal and affection to His Majesty's person and government have convinced me that he is a good subject.

**Captain Tudor:** I have known Colonel Bayard for 26 years. He is a moderate, civil, good man who has been employed in almost all offices of the greatest trust in the government. He has never been disaffected but has stood up for the Protestant religion and King William.

**The Prisoner:** To prove that I have, upon sundry emergencies during the late war, advanced my private fortune...

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