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History of Westchester County, New York, from its Earliest Settlement to the Year 1900

Shonnard, Frederic, and W.W. Spooner. History of Westchester County, New York, from its Earliest Settlement to the Year 1900. New York: The New York History Company, 1900. 315 words

These and others furnished him, for his paper, numerous able and aggressive articles upon topics germane to the absorbing quesThe tion of popular rights, which were printed over noms de plume. personaldirect, more became gradually Journal tone of the Wecldy ities were indulged in, and unsparing poetical effusions, of very manifestly personarapplication to the governor and his creatures, were Governor Cosby provided from time to time for a smiling public. endured these wicked polemics and exacerbating satires, though not without much misery of soul, for the space of about a year. Then, the atrocious unable longer to restrain his rage, he resolved to crush owner. sheet forever and to visit condign punishment upon its In this undertaking the governor had the cordial assistance of Chief Justice de Lancey, who applied to the grand jury to find an indictment against Zenger. But that body, made up from the ranks of the people, ignored the demand. Next, Cosby caused his council to send to the general assembly a message on the subject of the scurrilous publications. The assembly, no more complaisant than the grand jury, calmly laid the matter on the table. Finally, in consequence of some new and particularly flagitious publications, de against the speLancey procured from the grand jury a presentment were accordingly cial numbers of the paper containing them, which burned by the hangman. But what was most desired, the indictment lie was nevertheless arrested on an inof Zenger, was still refused.

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formation for libel, and, after languishing in prison several months, was brought to trial on a charge of printing matter that was " false, scandalous, and seditious." His counsel, Alexander and Smith, courageously took the ground that the whole proceedings before de Lancey were illegal, inasmuch as the new chief justice had been appointed by the mere executive act of the governor, without the consent of the council.