Arizona republican., 1914-03-10

Zenger, but, taking exception to the Jurisdiction of the court, they were summarily excluded from practicine in the court and their names were stricken from the roles of the at torneys.
 This high handed procedure fright cred other New York lawyers, but Zengers friends had recourse to 2 remedy which proved effectual. They engaged the services of q Phil | fcdelphia lawyer. Andrew Hamilton who was q celebrated barrister, about eighty years of age. The admirable way in which he handled the ease
 and his success in having the prison- CT acquitted is responsible for the 1 oft-quoted saying, Tt takes a Phila
 delphia lawyer
 1 When the trial came on, Zenger
 had been in prison many months.
 The first point to be judged was that he did print and publish the
 papers and the next that they wero | libellous. The junior counsel for tho
 defendant proposed to contest the 1 first point, but Hamilton Overruled
 him, and. acknowledging the printine
 and publication, boldly threw himseE
 or the other point, and took the
 ground that he had printed and pub
 lished no more than every free-born | British subject had q right to print
 and publish.
 Hamilton's was a masterly appeal He was frequently interrupted by tho attorney general, and the chief jus | tice endeaVored to cut him short
 taking the ground that the jury had
 no other duty to perform than to
 find the facts of the printing and 1 publishing, which Hamilton had ad-
 nitted, and that it was for the court
 to adjudge the libel.
 Upon the courts asserting this Hamilton deliberately turned to the
 jury and addressed his argument to them, showing it was their right [ and privilege and duty, to place
 themselves between the court and
 the citizens. and to protect the lat | ter against such claim as the
 former He proved that they were ! the judges of the law as well as of 1 the fact that the whole case was in 1 their hands. and that they ought not
 to relinquish any part of it to the | court. In that argument. the soVe-
 reign power of the people, of whom l the jury were the representatives,
 first came forth in complete manifes-
 tation in America. perhaps it might 1 be said. in the world
 The jury retulned a verdict of mot guilty in the very teeth of an au | thoritative charge from the chief l justice against the defendant The decision of the jury was received with shouts of applause. The judges i threatened to imprison the promoters of such q disorderlv proceeding, but 1 the people were too much excited to | hear the voice of authority A son of Admiral Norris rose and called | for d renewal of the shouting. which 1 was continued and could not be re- i pressed. Hamilton, who would re- ceive no compensation for his ser | vices, was borne in triumph from the i courtroom. He was carried to q | festive entertainment which was re | peated by the city authorities before
 his return to Philadelphia. The | common council presented him with 1 the freedom of the city. the certifi-
 cate of which was enclosed iii a 1 splendid gold box purchased by sub
 scrption, and as he stepped into q ! barge, on his departure from New | York, there was salute of artillery. | Governor Morris asserted that Ham,
 llton's argument, and the result of
 the trial of Zenger, were "the gems
 of American freedom, the morning star of our liberty"
 Tomorrow-TriaI of Eugene Marie
 ChantreIle.