Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1919-10-03
THE JURY THE JUDGE
Great Principle Established By VII.
liam Penn.
THE FAMOUS TRIAL Al OLD BAILEY

Sturdy Old Quaker Knew Hi:
Rights and Dared Maintain Thorn.
Kansas City Star.
: In these days of liberty, equality ant
fraternity there is noticeable bark.
ing back to the times oflthe men who
were the original evsngels OF the
gospel and digging UP of precedents
Among the reappearances we find ouI
school day friends. William PENN the
founder of Pennsylvania, whose In
dian treaty under the old Philadelph!a
elm and his appearance before the
court of Charles ii, when he received
the charter Of Pennsylvania, are IA
miliar to all whose memories go back
to the days of the McGuffey brothers.
That treaty was the fist American
international arbitration, q treaty
which as Voltaire says. was a preced-
ent among diplomatic documents, in
that 1t twas the only one the world has
known that was never sworn to and
( never broken" And the Pennsylvania
charter was an epochal document in
American history in that upon 1T was
based constitution. framed by Penn
which laid the foundations in this
country of the fundamental principles
that blossomed into the great repub-
lie Of the west-liberty of thought and
speech, popular control over the pow
ers OF ythe state, an elective judiciary
and free jury system.
We are now reminded by New
York editor, D. C. Seltz, who has dug up
and republished in book form tMar-
shall Jones & Co.. Boston), "The Tryal
of william Penn and William Mead,
at the sessions held at the Old Bailey,
September 1870. transcribed from the
compleat collection Of stale trials first
published in 1719," that to William
Penn the world owes another greet
debt in the cause of liberty and JUS
tice-the right of jury OF freemen to
be s;the sole judges Of the facts and
the dvindence." This trial is legal pre-
cedert in which an English jury. for
the first time, defied the intimidation
of the court and stood for its right to
bring in its own verdict without judi
cial coercion OF intimidationl II
brought forth the seed that was trans
planted to iAlnefiea IN the Penrsyl'
vania constitution and grew into the
boasted "bulwark of our liberties The
report OF the "tryar' is very human
document and reflects the character OF
Penn as that of man who knew his
rights "and knowing dared main5
tain" 1t also shows him to have been
quite clever lawyer.
A Test Gaze.
II was test case, prearranged by
the English authorities. who thought
they had the court fixed to establish
the precedent just the other way, Viii
liam Penn and William Mead were ar
rested in Gracechurch Street, London,
August IA, 1870, while addressing q
crowd of their Quaker followers, and
committed to Jail on warrant pre-
pared beforehand by Sir Samuel Ster-
ling, lord mayor. On the first of Sep
tember following, the two prisoners
were placed in the dock to answer to
the charge of unlawful assemblage
and speaking and preaching to the
great disturbance of the kings peace
and in contempt of his law" Sir John
Howell, recorder. presided at the trial
and with him sat the lord mayor and
four aldermen as part of the court
The IL good men and true who COM
posed the jury are worthy to be re-
membered. They were Edward Bushel,
Thomas Veer, John Hammond, Charles
Nilsson, Gregory Walklet, John Fright
man, william Plumstad, Henry Hen
ley, James Damask, Henry Michel, Will
liam Lever and John Baily. The
strong man" Of the jury was Edward
Bushel, the foreman, and the case re-
suited in a habeas corpus proceeding,
which is often referred to in legal pro-
cedure as ''the Bushel case" The pris-
oners were arraigned and asked to
plead:
The court-Why say. William Penn
and William Mead, are you guilty OF
not guilty, as you stand indicted, in
manner and form, as aforesaid?
Penn-It is impossible that we
should be able TO remember the indict-
ment verbatim and therefore we de-
sire a copy of it, as is customary on
like occasions.
The court-You must first plead t6
the indictment before you have cop!
OF it.
PENN affirm l have broken no law
nor am I guilty Of the indictment thai
is laid to my charge; and TO the enc
the bench, the jury and myself, WITT
these that hear us may have more
direct understanding of this procedure
desire you would let me know b!
what law it is you prosecute me, ant
upon what law you ground my indict
ment.
The court-Upon the common law.
Penn-Wherc is that common law?
The court-You must not think tina
I am able to run up so many year
and over so many adjudged case
which we call common law to answe
your curiosity.
Penn-That answer, l am sure, l
,,or,y short of nv uupSt;On for if il b