Weaver. 183 The indictment of Bayard charged him with endeavoring to 
subvert and to disturb the peace of the established government of the province, 
with endeavoring to procure mutiny and desertion among the soldiers in the 
province, with obtaining soldiers and others to join him in signing false and 
scandalous libels to the effect that the people were oppressed by the government 
and that the present General Assembly was not lawful, thus inciting 
subjects to cast off obedience to the established government by means of scandalous 
libels. 184 We have seen no copy of the presumably similar indictment 
against Hutchins. True bills being brought in by the foreman of the grand 
jury, it was unsuccessfully moved by counsel for the prisoners on March 2 
that the indictments be quashed, as found by an insufficient number of grand 
jurors. lBs Both prisoners thereupon pleaded not guilty and put themselves 
upon the country. 186 Motion was made that two clerks be allowed to take 
minutes of the trial, but Atwood refused to allow any but defendants' solicitor 
to take notes. 187 The petty jury for the trial of Bayard was selected following 
argument as to the crown's right of challenge. The jury selected was allegedly 
objectionable to Bayard in its composition of an alien, two nonfreeholders, 
and Dutch ignorant of the English language. 188 After an introductory harangue 
by Weaver, crown witnesses were examined as to the content of the 
objectionable addresses and the connection of Bayard therewith. 189 Counsel 
for Bayard insisted upon the right of the subject to petition the King, that the 
1691 act was directly repugnant to 25 Edward 111, St. 5, c. 2, enumerating the 
various categories of treason, and that the acts charged, except by a strained 
construction, did not fall within the provincial statute. 190 Bayard then presented 
character witnesses, the Solicitor General summed up the evidence for 
183 Ibid., 476-77. It was debated whether evidence 
other than that of the crown should 
be presented and whether Weaver should be 
present at examination of evidence for the 
crown {ibid., 477, 481). Rough minutes of 
the trial are found in MS Mins. N.Y. Sup. Ct. 
Jud., 1701—4, sub Feb. 21, March 2, 6, 7, 9, 
10, 11, 13, 16, 1701/2; March 27, 28 and 
April 6, 1702. 
184 14 Howell, State Trials, 482-83. This 
document was termed an "absurd indictment, 
foreign to the proofs" by the Leislerian group, 
since drawn by Attorney General Broughton 
{Case of William Atwood, Esq., 277). 
185 Four jurors unfavorable to the crown cause 
were discharged by Atwood. Eight of the remaining 
nineteen were alleged to have been 
against finding vera billa (14 Howell, State 
Trials, 478-81; CSP, Col., 1702, #1206 xi). 
Compare the Leislerian version in Case of 
William Atwood, Esq., 278, 302. 
186 MS Mins. N.Y. Sup. Ct. Jud., 1701-4, 
sub Mar. 2, 1701/2. 
187 14 Howell, State Trials, 483. Compare 
Case of William Atwood, Esq., 299-300. 
188 14 Howell, State Trials, 485-86; CSP, Col., 
1702, #373. Cf. Case of William Atwood, 
Esq., 279. 
189 14 Howell, State Trials, 487 et seq. Little 
information was brought forth as to the contents 
of the addresses, some witnesses varying 
their evidence from that previously given before 
the council. Bayard was not shown to 
have taken a conspicuous place in obtaining 
signatures to the petitions. See also CO 5/ 
1047/437-4 0 - 
190 14 Howell, State Trials, 495-503. On the 
subject's right to petition compare Case of 
William Atwood, Esq., 263-65.