New York_ The Novel - Edward Rutherfurd [73]
The charge was read. The Attorney General rose.
Kate had been to trials before. She knew what to expect. It did not take the lawyer long to say that Zenger was a “seditious person” guilty of libels designed to scandalise and vilify the good Governor Cosby. The jury listened. She could not tell what they thought.
Then Chambers rose and said a few lackluster words in the printer’s defense. She saw her father frown. “You’d have thought,” he whispered in her ear, “that Zenger’s backers would have given him better help than this.”
But just then, something strange occurred. An old gentleman, who had been sitting quietly near the back, suddenly stood up and made his way stiffly forward.
“If it please Your Honors, I am retained to represent the accused.”
“And who are you?” one of the judges asked irritably.
“The name’s Hamilton, Your Honor. Andrew Hamilton. Of Philadelphia.”
And now Kate saw her father start, and lean forward excitedly.
“Who is he?” she asked.
“The finest trial lawyer in America,” he answered in a low voice, while the whole court buzzed.
It was clear that the judges and the Attorney General had been completely taken by surprise, but there was nothing they could do about it. They were still more astonished when the Philadelphia lawyer calmly told them: “My client does not deny that he published the offending articles.” The Attorney, therefore, had no need to call any witnesses. This was followed by a long silence, until, looking rather puzzled now, Attorney Bradley stood to declare that if indeed the accused did not deny publishing the libels, then the jury must find him guilty. Glancing a little nervously at Hamilton, he also reminded the jury that it didn’t matter whether the newspaper articles were true or false. It was libel anyway. Then, for a considerable time, citing law, custom and the Bible, the Attorney explained to the jury why libel was so serious a crime, and why, under law, they had no choice but to pronounce Zenger guilty. Finally, he sat down.
“Hamilton’s lost it already,” Kate whispered to her father, but he only answered, “Wait.”
The old man from Philadelphia seemed to be in no hurry.
He waited while Chambers said a few words for the defense, then, having shuffled his papers, he slowly rose. Though he addressed the court politely, the look on his face seemed to suggest that he was slightly puzzled by the whole proceedings.
For it was hard for him, he told them, to see why they were all here. If a reasonable complaint about a bad administration was a libel, it was news to him. Indeed—he gave the jury a wry, sideways glance—he wouldn’t even have realized that the articles in Zenger’s paper referred to the governor personally, if the prosecutor hadn’t assured the court that they did. At this, several of the jurymen grinned.
Moreover, he pointed out, the legal authority for the prosecutor’s idea of libel came from the tyrannical Star Chamber court of fifteenth-century England. Hardly encouraging. And besides, wasn’t it possible that a law made in England, centuries ago, might have become inappropriate for the American colonies today?
It seemed to Kate that this sounded disloyal to England, and she glanced at her father; but he leaned across and whispered: “Seven of the jurors have Dutch names.”
Yet for some reason, the old man suddenly seemed to wander. It was just like the case of American farmers, being subject to English laws that were designed for a different kind of landholding system, he declared. He seemed to have a particular interest in farming. He talked of horses and cattle, and was just warming to the subject of fencing livestock, when the prosecutor rose to point out that all this had nothing to do with the case. And Kate might have concluded that the old man from Philadelphia had indeed lost the thread of his argument, if she had not noticed that three of the jurors, who looked like farmers, gave the prosecutor a black look.
The prosecutor would not be denied, however. The charge was libel, he reminded them, and the defense had already admitted it. But now old Andrew