Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1849-09-29

To what indictment the prisoners re-
spectively pleaded not guilty.
Then they were set aside, and the cour
proceeded to other business, and the thirc
of September, they were ordered TO BE-
brought to the bar again, and each one took
off their hats as they came into court, but
the court ordered an officer to put on then
hats again, and they stood with their hats
Oh.
The Recorder demanded of the prison
ers, if they did not know it was the King,
court +! and why they did not pull off their
hats, and pay the respect TO 1t they ought
Penn answered, he knew it TO be court.
and he supposed it TO be the Kings, but he
did not think the pulling off hat showed
any respect then the court fined them
forty marks a piece for their contempt
whereupon Penn desired it might be Oh
served, that they came in with their hats
off, and the court ordered them to be put
on, and therefore the bench ought rather
to have been fined than they. The Jury
being sworn, then witnesses were called
who deposed that on the 1ith Of August,
they saw a great crowd OF people of Grace.
church street, and heard VIM. Penn preach
ing to them, but could not distinguish what
he said, that one endeavored with bis
watchmen to pull him down, but the peo-
pie kicked them--that Mr.. Mead came to
one OF the deponents and desired him TO
let Mr.. Penn 90 on, and when he had done
he would bring him to the deponent, that
there might be about four hundred people
assembled there.
Rec0rder.-What say you Mr., Mead,
were you there
.Nead,-lt is a maxim in your law, Ne
mo tcnetur seipsum accusare; why dost
thou endeavor to ensnare me? Is this like
a judge who ought to be of counsel for the
prisoner!
Penn.-|Ne declare it TO all the world,
we believe it to be our indispensable duty
to meet necessarily upon so good an ac-
count. nor shall all the powers on earth di-
vert us from adoring our God who made us.
Cou't.-You are not here for worship
ping God, but FOR breaking the law.
Penn.--I affirm / have broken no law,
and would know upon what law you ground
the Indictment
Recorder.-upon the common law.
Penn.-Whcre is that common law if
it were common it should not be hard to
produce,
RecOrder.-Must run over all the ad-
Judged cases which we call common law,
to satisfy your curiosity
Lord .Nayor.-It is called common to
distinguish it from statute law, you must
understand that such assemblies endanger
the public peace, and therefore the law
deems them unlawful, unless they have a
warrant for their assembling.
Penn.--My liberty, which is next to
life, is now concerned and l say again,
unless you show me and the people the
law you ground your indictment upon,
your proceedings are arbitrary: the ques-
tion is not, whether am guilty Of this in
dictment but if it be legal.
Recordr.--If ! should suffer you TO as';
questions until tomorrow, you would be
never the wiser.
Penn.-That is according as the answers
are; / design no affront to the court, but if
you deny me oyer of that law you suggest
have broken, you evidence to the whole
world your resolutions to sacrifice the priyi-
leges of Englishmen 10 your sinister and
arbitrary designs. ....
Lord .Hayor.--Take him away--turn
him into the bail-dock.
Penn.-AIust be taken away, because
| plead for the fundamental laws of Eng
land ? However, leave il upon the con-
sciences of the jury, who are my sole iud-
ges, whether those ancient laws that re-
late to liberty and property, and are not
limited to particular persuaSlons in matters
of religion, ought not TO be indispensbly
maintained, otherwise who can say he has
right to the coat upon his back? Our
liberties may be invaded--our wives abus-
ed, our children made slaves, our families
ruined, and our estates carried off in fri
umph by every sturdy beggar and mali
cious iniormer.
Then he was carried away in the bail
dock. ...
.Nead.-You men of the jury, I stand
here to answer an indictment, which is a
bundle Of stuff, full of lies and fasehood :;
they charge me that met Vidamus ilute
ct lumultanous. Time was indeed, when
had freedom to use carnal weapon, and
then thought feared no man, but now
fear the living God, and dare not make use
thereof or hurt any man; nor do / know
demeaned myself as a tumultuous person,
and therefore William Penn, properly de-
manded oyer of the law on which the in
dictment is founded.
You men of the jury, though Mr.. Re
corder will not tell you what makes riot,
rout or an unlawful assembly, Coke tells
US, riot is, when three or more are met
together to beat man, to enter forciblv
into his land, or to cut down his grass,
wood, pales, sc. r. ~
Rec.--Or TO do any other unlawful act,
but thank you Mr.. Mead for telling me
what the law is pulling off his hat.) 4
Mead.-Thou mayest put on thy hat
have never fee for thee now. r..
Id. .M1yor.-You profess to be meek
man, but deserve to have your tongue cut
out for affronting.