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. De Lancey met this contention by summarily disbarring the two lawyers. With their exit from the scene the entire defense seemed doomed to fall to the ground, as there was no other sufficiently able lawyer in New York to take it up. In this of Philadelphia, an advocate of conemergency Andrew Hamilton, summate intellectual qualities and fascinating eloquence, and the Nestor of the whole colonial bar, was persuaded to come to New York and assume the defense of the unfortunate printer. Hamilton admitted the publication of the matters complained of, but demanded that witnesses be summoned to prove them libelous. This was not to the taste of the chief justice, and was denied on the principle that "the greater the truth, the greater the libel." Thereupon, accepting with good grace the ruling of the court, Hamilton proceeded to address a powerANDREW HAMILTON ful plea to the jury as judges both of the law and the facts. He urged them, as patriots and freemen, to dismiss all prejudice from their minds and determine from the facts whether the accused had not really published the truth, or what represented legitimate public opinion, which he had the right to do and which there was need of doing under a free government. " I make no doubt," said he, in prophetic words, "but your upright conduct this day will not only entitle you to the love and esteem of your fellowcitizens, but every man who prefers freedom to a life of slavery will bless and honor you as men who have baffled the attempts of tyranny, and, by an impartial and incorrupt verdict, have laid a noble foundation for securing to ourselves, our posterity, and our neighbors that