Norwich bulletin., 1914-07-23
FAMOUS TRIALS
TRIAL OF JOHN PETER zgNeER.

The trial of John Peter Zenzer in 1735 resulted in the establishing of a free press in America It was the first trial in this country of charge of libel against the government. Zenger was one of Americas pioneer newspaper editors. and the first issue of his peri odical, called the New York Weekly Journal, appeared on Nov. 5. 17s3. and he continued printing and publishing 1t until the following January, when the chief justice, James de Lancey. charged him with having printed seditious Hbels.
 The chief justice, at the instigation of the governor. endeavored in vain 70 prevail upon the grand jury to indsSt Zenger. The council then pronounced four of Zenger's issues to be 'false, scandalous, malicious and seditious H. bels,' and ordered them to be burned by the common hangman The order was read iu the court of 4uarter sss- sions, but the magistrates would not suffer 1t to be entered. The sheriff caused the papers ts bssburned by his colored servant.
 Zenger was then arrested by order of the council and thrown into jail. His friends procured a writ of habeas corpus, but the bail was placed so hign l he could not procure it. While he was thus lying in jail, the judges tried dgaln to get nln lnulCISQ, put without success. The attorney general then charged him by information for a mis- demeanor in printing the libels. Two popular leaders, James Alexander and | William Smith, undertook the defense | of Zenger;' but, taking exception to the | Jurisdiction of the court, they were -summarily excluded from practicing n the court and their names were strick- en from the roles of the attorneys.
 This high handed procedure fright ened other New York lawyers, but Zeu- | gers friends had recourse to a remedy | which proved effectuaL They engaged the services of Philadelphia lawyer, 1 Andrew Hamilton, who was a celebrat- | ed barrister, about so years of age. | The admirable way in which he han dled the case and his success in hav- | ing the prisoner acquitted Is responsi- | ble for the oft-quoted saying, Tt takes | a Philadelphia lawyer"
 | When the trial came on Zenger had
 been in prison many months. The first ! point to be judged was that he did not | print and publish the papers and the next that they were libelous- The jun | for counsel for the defendant proposed l to contest the first point, but Hamil-
 ton overruled him and, acknowledges | the printing and publication, boldly | threw himself on the other point and
 took the ground that he had print d | and published no more than every fires
 born British subject had a right to print and publish
 Hamiltons was a masterly appeal
 He was frequently interrupted by the l attorney general and the chief justice | 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 publishing, which l Hamilton had admitted, and that if was for the court to adjudge the libel
 Upon the courts asserting this
 Hamilton deliberately turned to the
 jury and addressed his argument lc
 them, showing it was their right and
 privilege and duty to place themselves
 between the court and the citizens
 and to protect the latter against such
 claims as the former. He proved that
 they were the judges of the law al
 well as of the fact. that the whole case Il was in their hands, and that they
 ought not to relinquish any part of i
 to the court. In that argument tnt
 sovereign power of the people. ot
 whom the jury were the representa-.
 tives. first came forth in complete
 manifestation in America, perhaps | might be said in the world
 The jury returned a verdict of mo
 guilty in the very teeth of an authori , tatlve charge from the chief justice , against the defendant. The decisi oY } or the jury was received with shout. or applause. The judges threatened
 to imprison the promoters of such { l disorderly proceeding. but the peopl, were too much excited to hear tn, voice of authority. A son of Adrnira Norris arose and called for a renewa ! of the shouting, which was continued ! and could not be repressed. Hamilton , who would receive no compensation for his services, was borne in triurnpl from the courtroom. He was carried
 to a festive entertainment, which wa repeated by the city authorities befor . his return to. Philadelphia. The com , mon council presented him with tn
 freedom of the city, the certificate O
 which was inclosed in a splendid rol, box purchased by subscription, and a
 he stepped into a barge on his depar
 ture from New York there was ga lute of artillery. Governor Morris IS
 serted that Hamilton's argument, anl
 the result of the trial of Zenger wer
 the gems of American freedom, tn
 morning star of our liberty"