Studio One (1948) s05e16 Episode Script

The trial of John Peter Zenger

NARRATOR: Westinghouse Studio One.
Westinghouse, the name that means sureness, whether it's on the finest television sets made today or jet engines for America's planes.
Whether it's a product for your home, for your business, for your farm, or your factory you can be sure if it's Westinghouse.
[THEME MUSIC.]
-Good evening.
This is National Printing Week, and our story tonight is about a printer of the colonial days.
It's "The Trial of John Peter Zenger" starring Eddie Albert.
And it's my privilege to introduce to you a printer of today, the Secretary of the Printing Industry of America, Mr.
William H Wallach.
-Thank you, Mrs.
Furness.
It is unlikely that we would be here tonight if it hadn't been for a courageous colonial printer who lived in the city of New York about 200 years ago.
He was a simple man.
He owned a press like this.
And yet, he was responsible for handing down to us one of the most vital freedoms we possess, freedom of the printed word.
A freedom of speech controlled by public morals and decency and not by governmental regulation.
For this right to print the truth the whole world owes a debt of everlasting gratitude to John Peter Zenger and other men of his stamp.
We of the printing and publishing industry and our friends throughout America and other lands are today celebrating Printing Week.
It is an occasion when we publicly rededicate ourselves to the great responsibility that is ours.
-Tonight we are grateful to the Westinghouse Electric Corporation for bringing to millions of citizens of our great nation the full story of Mr.
John Peter Zenger and his contribution to the establishment of a free press in this country of ours.
THEME SONG: To you good lads that dare oppose all lawless power and might, you are the theme that we have chose and to your praise we write.
You dare to show your faces brave in spite of every abject slave with a fa la la-la la.
You dare to show your faces brave in spite of every abject slave with a fa la la-la la.
[SINGING GERMAN SONG.]
-Ah, Anna.
Anna, come.
See what a fine printer is your husband.
Mm, good, huh? -Very, very good, John.
-Yeah.
Anna, your eyes are tired.
For you no more work today.
-And for you? -Me, oh! For me printing is never work.
And now t we have this new shop things will soon be better.
Soon I'll have a dozen printer's devils to help me.
And you can stay at home with the children, cook, sew, mend.
-Ha, ha, a lady of leisure, huh? Ha, ha.
-A lady like the lady you were meant to be-- like you would have been had you not married me.
-Don't say that, John.
I'm your wife.
I'm happy being your wife.
I am the wife of the best printer in New York.
-Oh? [LAUGHING.]
-One good enough to be printer to the King, huh? -Oh! -Now, why not? Bradford can't last forever, and anyone with eyes can see who's the better printer.
-That's not what I want, John.
-So you don't want me to have fame and riches, huh? -Not that way, no.
-But the Royal Printer is the biggest thing a printer can be.
-Yes, but not in New York.
Everybody knows that Bradford prints only what Cosby gives him to print.
He is the Governor's tool.
People despise him for what he's doing.
So do I.
And I should despise you if you ever took his place.
Tut, tut, tut, tut, tut, Liebchen.
I am a printer.
If Cosby gives me orders I take them, same as any other.
-But, John, he's evil and vicious.
He dirties whatever comes near him.
He buys more than your printing, he buys your soul.
[DOOR BELL RINGING.]
He-- oh, Mr.
Van Dam.
-Good evening, Anna.
-Good evening.
-John, I want you to meet two friends of mine, both members of the vile legal profession.
[LAUGHING.]
This is James Alexander and Mr.
William Hamilton.
-This is my husband.
-How do you do? -Oh, uh, forgive me for not shaking hands.
Ink! [LAUGHING.]
MR.
VAN DAM: Is my pamphlet ready, Zenger? -Almost finished, sir.
Anna, uh, show the gentlemen these pages here.
I do not wish to soil them.
-Ha, ha! Look at that! Did you ever see a better piece of work? -Oh, excellent.
-Better than anything that came out of old Bradley's shop, I'll say that.
-Thank you, gentlemen.
-Ha, ha.
I wonder how this will affect His Excellency's cheery disposition.
Listen to this.
"As the well being of the people of this province is much concerned in the various high-handed and illegal actions of this administration, and in order that they may, before it is too late, see the bondage and slavery which may possibly follow from it, I think it my duty to publish a true account for the public at large.
" -Mm, hm.
-Not bad for an old man, hey, Anna? [LAUGHING.]
-Do you approve? -It made me angry.
Is that approval? -Angry, indeed? And how angry do you think it made me? In the first place to have to write a thing like this about a man in Cosby's position.
And then to have to pay out of my own pocket to have it printed, because Cosby's hired hand refuses to publish it in the Gazette.
-Do you see, John? It's just I told you.
-There used-- there used to be a time when a man could write a letter to the Gazette and it would be published free of charge.
But not today.
-Perhaps there should be another Gazette.
-I like that idea, Mrs.
Zenger.
I like it very much.
Why, indeed, shouldn't we have another Gazette? We've been whispering our protests up to now.
What we need is a voice.
And one that will reach clear to London.
We may even get Cosby recalled before we're through.
WILLIAM HAMILTON: Yes but who will pay for it, James? JAMES ALEXANDER: You and I.
WILLIAM HAMILTON: You and I? -That's good, Anna, very good.
Zenger, you'll print it for us.
-Ah, I am a poor man, gentlemen.
I can't afford a loss.
-We can guarantee you against any loss, Zenger.
-Why not, John? You'd only be printing what your customers give you to print.
-No, Anna, that this is not the same.
What you're asking is that I print against the government, against the Governor.
This would be treason.
-This is an English colony, Zenger.
Englishmen don't confuse treason with protest.
-But-- [SIGH.]
Gentlemen, I came to this country 20-- 23 years ago from Germany to escape persecution.
Here I've-- I've been given a home, a place to work.
I-- I-- I can't turn against those who have given me all this.
-But Governor Cosby has given you nothing.
If he has his way, everything you'll have got here will be taken away from you.
You'll end up by living with the same persecution that you ran away from in Europe.
-Even now decent people are leaving New York everyday, moving to Pennsylvania or to Massachusetts.
-Someone has got to stand up and fight Cosby and the various high-handed and illegal actions of this administration in order that they may see, before it is too late, the bondage and slavery which may possibly follow from it.
We can make a start at least with this new journal.
-Do you think the people would want such a paper? -They'll want it faster than you could print it.
-Well? -Well, I-- I don't know.
Uh, I'll-- I'll think it over.
-Good.
-Anna, what do you say? -My husband is the printer.
-Make him do it, Anna.
-He's not a man that can be made to do anything.
If he thinks it is right then he will do it.
Well, good night, Mr.
van Dam.
-Good night, Anna.
-Thank you, very much, for coming.
-Good night.
WILLIAM HAMILTON: Good night, John.
JAMES ALEXANDER: Good night, Mrs.
Zenger.
-Good night, gentlemen.
Anna, you, uh, you want me to do this? -I want you to do it.
-But, Anna, I-- I don't understand politics.
I-- when I print, I understand.
I know just how much ink to put on the type, how much pressure to put on the press.
I know these things as well as any man in the world.
But, politics I-- Liebchen, ha, you are my politics and you have a smudge on your cheek.
-Ha, ha.
It's printer's ink.
The badge of my profession.
-You're not afraid? -I'm not afraid a bit.
[DOG BARKING.]
[WHISTLING "POP GOES THE WEASEL".]
-I've brought the extra supply of paper, Mr.
Zenger.
-Oh, uh, stack it back in there, Samuel, please.
-Yes, Sir.
MRS.
ZENGER: Well, John, several of these are smudged.
You'll have to be more careful.
We can't sell them anything that looks like that.
-Ahh, there's the last New York Weekly Journal.
-Containing the freshest advices, foreign and domestic.
-Printed by John Peter Zenger.
-Price, three shillings and a quarter.
-That's good, huh? -Oh, it's wonderful.
John, shall send the first ones out? -Yeah, let them go.
-I've tied up these in a bundle.
Samuel? Samuel, bring the rest of the bundles up here and load them up.
The York Weekly Journal is on it's way.
SAMUEL: I'd like to see the Governor's face when he reads this paper.
[LAUGHING.]
MRS.
ZENGER: And I.
-His Excellency the Governor.
-Close the door.
Wait outside.
-Governor Cosby, sir? -What? -Mr.
Bradley and Mr.
Symes are waiting for you sir.
-Well, show them in.
Wait, how did this get here? -I don't know, Your Excellency.
It was lying there when I came in.
-I have been patient for over a year.
I will not be patient any longer.
I do not wish to see this vile sheet again, ever! Is that understood? -Yes, Your Excellency, sir.
Mr.
Bradley and Mr.
Symes.
-Well, Mr.
Attorney General of the provinces of New York and New Jersey, how did it go? -Oh, quite well, Your Excellency.
Quite well, indeed.
A most impressive ceremony.
[LAUGHING.]
-Well, what happened? Was it a good crowd? -Well, it was a-- -Oh, Symes, was it a good crowd? -Oh, yes, the soldiers were there.
-Oh, the devil with the soldiers.
What about the people? -Oh, well, uh, some of them were there.
-Well, how many? 1,000? -Well, no.
-But 100? 50? -Well, uh, let me describe the scene for Your Excellency.
As you suggested, all the specified copies of Zenger's journal were turned over to the common hangman to be burnt before the City Hall.
-Who was there? The Mayor? -Well, he was indisposed.
-The Alderman? -Well, they were occupied elsewhere.
-The people? -Well, they also were occupied elsewhere.
-Who was there? -Well, uh-- We were there.
Ha, ha.
-We? We? -The, uh, Attorney General, myself, and the, uh, soldiers.
-My own Attorney General, my own Sheriff.
You permit this defiance of my orders? -Well, Your Excellency, there is no law that says that the Mayor, or the Alderman, or any of the people must attend.
-Don't read me the law, Bradley.
I didn't make you the Attorney General to read me the law.
I put you into office to make me the law.
Now if you can't find a way to stop Zenger and his journal then I-- yes, what is it? -Forgive me, Your Excellency.
Chief Justice De Lancey his here.
-Well, show him Were you there.
-Was I where? -The burning of the Zenger paper.
-Oh, that piece of buffoonery.
No, Your Excellency, I did not attend.
I was occupied-- I was occupied elsewhere.
[SNIFF.]
Ah, you read Zenger's latest accusion, I gather? -I did not read it.
-Our friend Zenger has talents without end.
One day a versifier, the next, an essayist, and now a tunesmith.
I had to pass three taverns on my way here, which may, in part, explain the lateness of my arrival.
In each they were singing this little verse.
It's quite the rage.
(SINGING) While all three men result to stand amid the tea and more, they need the help of passioned hands, hurrah, hurrah, hurrah.
-I want this man arrested, at once.
DE LANCEY: Really, on what grounds? -That is up to you, Mr.
De Lancey.
-What grounds do you suggest, Mr.
Attorney General? -Well, we will think of something, Your Excellency.
-I want this man out of my way.
I don't care what grounds you use.
I want Peter Zenger in jail! [SNEEZE.]
[DOOR BELL RINGING.]
-Ah, Mr.
Alexander.
-Hello, Mr.
Alexander.
-We haven't seen you in a long time.
-Hello, John.
No, I've been to busy writing for you.
-And writing very well, too.
-Oh, I'm neglecting my law practice, I'm afraid.
Uh, this has become my first love.
[LAUGHING.]
John! -Yeah.
-I just heard of a rumor that disturbs me.
-Uh, huh.
-I came to find out if your press could be moved.
-Could be moved? Why? -There's a rumor that Governor Cosby has decided to close you down.
Now, if your press could be moved over the border into Connecticut, you would be out of his reach.
-Yes, but that's a very long way, Mr.
Alexander.
-We've sometimes got to go a long way to defeat injustice, Mrs.
Zenger.
-Well, John, it's up to you.
What do you think we should do? -I will not move.
I have a right to print every word that I've printed.
I printed no lies.
I will continue to print and I will continue to print here.
-That's our answer, Mr.
Alexander.
-Very well, John.
I merely thought I should warn you.
-Oh, we're very grateful that you did.
[DOOR BELL RINGING.]
-John Peter Zenger? -Yes.
-I have a warrant for your arrest.
-May I see your warrant? -You stay out of this, Mr.
Alexander.
-I'm Mr.
Zenger's attorney.
- I have a right to see your warrant.
[LAUGHING.]
Why, ha, this warrant is illegal, Mr.
Symes.
-It's what? -It's issued by the Governor's Council.
The Council has no such authority.
You can't serve this.
-Ha, ha, ha.
- Can't I? Well, Mr.
Alexander, you have your law books, but I have my soldiers.
And I think you'll find that in this argument my side carries the more weight.
Take him.
-You have no right to-- what-- what-- uh.
-So, ha, this is where the weekly journal is hatched, huh? Well, Mr.
Zenger, you'll not sit upon any eggs for quite awhile.
[SCREAM.]
-No! -John, don't.
-Why did you do this? Why? SYMES: Get him out of here.
-I'll tell you, De Lancey, I intend to slap him into prison and to keep him there.
-And give the mob the hero.
That doesn't seem very wise to me.
-What would you propose? Do you want me to thank him for past favors and send him on his way? -Oh, I'd do even more.
-More? -Yes, I'd offer Zenger the post of Royal Printer.
-Offer him the post-- oh, this is too subtle for me.
-We can always control the Royal Printer.
Of course, Zenger would have to pay us for the privilege.
-How much? -Oh, not money, information.
Zenger, would tell us precisely who has been writing all these articles that have appeared in his journal.
And a lot of citizens will find themselves facing a charge of seditious lies.
-Yes.
[SNIFF.]
Yes, I like that idea.
Noah! -Yes, Your Excellency.
-Tell the servant to bring in the prisoner.
You're clever, De Lancey.
Some day you may be too clever for your own good.
[DOOR SHUTTING.]
-Yes, that's always possible.
The, uh, prisoner, Your Excellency.
-Well! Uh, get out, get out, Symes.
-Oh, yes, sir.
-Well, huh.
Uh, glad to meet you Mr.
Zenger.
Uh, uh, you know Chief Justice De Lancey, of course? Sit down, sit down, Mr.
Zenger.
Uh, well, uh, you tell him De-- De Lancey.
-Ahem, Mr.
Zenger, His Excellency has been reading your weekly journal.
He has been upset by some of the articles, of course, but what has impressed him has been the quality of your printing.
-Yes, yes! Excellent, excellent! -Yes, His Excellency is most sensitive to matters such as that.
That is why he has asked you here today.
He wants to offer you the post of Royal Printer.
-If this was what you wanted, why not send a message? Why soldiers? GOVERNOR COSBY: A matter of form, Mr.
Zenger.
-A matter form to take a man forcibly from his shop, from the side of his wife? -Oh, now, now, Mr.
Zenger.
-And why did your men smash my type? -Oh, the Sheriff over-stepped himself.
[GROWL.]
I apologize for him.
But that has no bearing on our offer to you.
I did not come here to discuss an offer.
-Eh? -I do not print for you.
-Oh, oh.
-Ever! -Oh, come now, Mr.
Zenger.
You're-- you're a little overwrought.
[TUNE TO "POP GOES THE WEASEL" ON THE HARPSICHORD.]
-Tell us, Mr.
Zenger, who, uh, who writes these articles that have been appearing in your journal? -The people.
-What people? -All the people.
-Why do you print these articles? -Because they are true.
-Who pays you? -The people who buy my paper.
-Don't be a fool, Zenger.
Tells us their names and you can walk out of here a free man.
-I print the truth, nothing more and nothing less! -That's is your answer, eh? Symes! -Yes, sir.
-Take this man out of here.
Put him in a cell and keep him there until we can get the truth out of him.
-Yes, Your Excellency.
Come on.
GOVERNOR COSBY: Stubborn mule.
MRS.
ZENGER: How long may I be with him? How-- JAILOR: Two minutes.
-Two minutes? That's not very long after not seeing him for a whole month.
Will-- will we be alone? -For two minutes.
This is his cell.
You will remain outside alone.
-I cannot even see him? -There's a hole in the door, speak to him through that.
[KEYS CLANKING.]
[SIGH.]
-John? MR.
ZENGER: Uh, Anna? Anna! [SOBBING.]
-Oh, Liebchen! Ah, are you all right? -[SIGH.]
Yes, I'm fine.
Fine.
-And the children? -They're all fine.
-Do they miss me? -Very much.
We all do.
-Anna, come closer.
I want to look at you.
Ah, your eyes are so tired.
Oh, are you ill? -No, I'm all right.
Listen, dear.
-Yes? -I've seen Mr.
Smith and Mr.
Alexander every day.
-Yes? Can they get me out of here? -They're trying, they're trying to get you released on bail.
They're asking for a hearing.
-A hearing? Will it be soon? -It will take time.
I want you home, John.
Ah, Liebchen.
Liebchen.
Now, Anna, tell me, what has happened with the journal? Who's helping you? -Why, no one.
There's been no journal since you left.
-The paper has not been printed? -No.
-But it must go on.
Anna, you must do it.
-I? -Yes! You know how to work the press.
Samuel will help.
Print the paper, Anna.
Print it.
-Do you think I could, John? -You've got to.
Anna, the reason they have me here is to keep the paper from coming out.
They think that they can keep down the truth by putting one man in prison.
This must not happen, Anna.
Liebchen, we have shared everything, now we share this.
Oh, uh, I have here.
I have written something, the next issue.
I-- I do not find it easy to say these things in English, Anna.
You look it over.
Uh, find the right words-- but the facts are there, Anna.
-Yes.
-The facts, that's what matters! The facts! -Yes, that's what matters.
-Now, you'll do this for me.
-I'll do my best.
-And you'll bring me a copy next time you come? -I'll try.
-Yes.
-The guard is coming up the stairs.
-Oh, Anna.
-Goodbye, my dear.
JAILOR: Time! -I'm ready.
-Goodbye.
[INAUDIBLE CONVERSATION TO GUARD.]
[DOOR SHUTS.]
[THEME MUSIC.]
NARRATOR: Now that you've seen Part One of "The Trial of John Peter Zenger", let's turn to our Westinghouse program.
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BETTY FURNESS: Uh-huh.
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In fact, if you want the television set of the year you can be sure if it's Westinghouse.
THEME SONG: Your votes you gave for those brave men who feasting did despise.
And never pros-- NARRATOR: We return now to Westinghouse Studio One and "The Trial of John Peter Zenger.
" THEME SONG: --alive that were drawn up to put in chains as well our nymphs as happy swains.
With a fa, la, la-la, la.
That were drawn up to put in chains.
-Yes, Mrs.
Zenger.
-Then you had better get home, Samuel, it's getting late.
-It's late for you too, ma'am.
-I still have a little more to do.
-Your eyes are tired.
You need sleep.
-How funny.
My husband used to use the same words.
Your eyes are tired, Anna.
-It seems so awful, sitting here alone when I'm going home, writing all those articles for the Gazette.
-You haven't said anything to anyone? -No, ma'am, never.
--[SIGH.]
Ha, ha, shall it be our secret? Now you run along.
We have a hard day tomorrow.
-Yes, ma'am.
Should I turn out the rest of the lanterns? -No, I'll do it.
[KNOCKING.]
Who can that be? SAMUEL: Should I open the door? -Yes, you open it.
Oh, Mr.
van Dam.
-I know it's late, Anna, but I wanted to see you.
-I'm glad to see you.
Let me take your coat.
It's all right, Samuel, you can run along.
-Yes, ma'am.
Thank you.
Good night.
-Good night.
-You've been working late, I see.
MRS.
ZENGER: I work late often.
-Well, once the press is cleaned and put to bed, there isn't much to do.
MRS.
ZENGER: Oh, I have to correct the copy and check the type.
-Anna, you're the Seven Wonders of the World rolled into one.
How do you do it all? Everyone's asking the same question.
You have a house to look after and four children.
And yet, on top of all that, you come down to the printing press and you put out the journal every week.
How do you do it? -Oh, by just doing it.
It keeps me from thinking.
-You must think to write as much as you do and as well.
MRS.
ZENGER: I don't write a word I've told you that again and again.
-What is this, the, uh, market list? -As far as you or anyone else is concerned that is a market list.
May I have it, please.
-I only wanted to know.
Anna you may have to go on doing this for a very long time.
But nothing must stop you.
It's too important for all of us.
-I know.
Hm.
Isn't it strange? I mean, that at first this was just a job to me.
Now after seven months with John in prison, it's the most important thing in my life.
I've grown angry and bitter.
I've tried to learn how to be eloquent, if only to make people see the danger.
The easy danger of letting even one principle of freedom go undefended.
[SIGH.]
I'm growing older, I expect, and less womanly.
Perhaps, that's because I know I'm alone.
I will be alone for a long time.
MR.
VAN DAM: You given up all hope for John then? -Agh! There will never be a trial.
There will never be a hearing, they'll see to that.
This is the only husband I'll have from now on.
NOAH: His Excellency the Governor.
-Get out.
Now then, De Lancey, what does this mean? I have some most congenial friends I've had to desert all because of this preposterous move of yours, of which I was never advised.
-Yes, that is true.
I reached a decision rather suddenly.
-I've worked the whole year to keep this case out of court, and you've chosen to wipe out that advantage in one stroke.
I only hope you know what you're doing, sir.
-I always know what I'm doing, Your Excellency.
I make it my business to stay at least 2/3 ahead of my opponents in life and in law.
-Well, you've better be right on this, because if anything goes wrong, De Lancey, I'm warning you-- -Don't warn me, De Lancey! I'm not one of your puppets to dance at your orders.
I happen to be Chief Justice of this province.
By your appointment, it's true, but Chief Justice nevertheless.
And I beg to remind you that any settlement of this matter must be done by me, legally, from my bench.
I didn't order Zenger to jail, you did.
And on your specific orders, he has remained in jail for the past seven months with no grand jury indictment against him.
GOVERNOR COSBY: He can stay there seven years, so far as I'm concerned.
-But not so far as I am concerned.
Do you think London is blind to what is going on here in New York? How long do you think it would be before embarrassing questions are asked from the floor of Parliament? -What do you intend to do about it? -I intend to mark well the wisdom of the bard.
Heat not a furnace for your foes so hot that it do singe yourself.
-Do you intend to bring Zenger to trial? -I do.
-Before a jury? -Yes.
-You'll never win a conviction.
Zenger has the two cleverest attorneys in the province, Alexander and Smith.
They would make a farce out of this trial, out of you and out of me.
-Alexander and Smith shall be taken care of.
-My informants tell me they're waiting to challenge your position on the bench.
Do you plan to permit such an action? -I have practically issued them an invitation to do it.
-Why? -A matter of simple arithmetic.
Alexander and Smith are the only two attorneys in the province with enough skill and experience to defend Zenger.
-So? -Well, subtract two from two and you get-- -Nothing! -Nothing, which is the exact amount of attorneys that should be left after the hearing tomorrow morning.
-Um, ha, ha, ha, ha, excellent.
-There is one other attorney.
-But you said-- -Oh, this man is of no consequence.
He has neither skill nor experience.
He has never tried a case.
But perhaps you would care to see for yourself.
He is waiting outside.
Come in, Mr.
Chambers, will you.
Come in.
This-- this boy? After Smith and Alexander are disbarred I shall appoint Mr.
Chambers to take their place.
You hear that, Chambers? You are going to defend John Peter Zenger.
-Am I, sir? [LAUGHING.]
-Disbarred? MR.
VAN DAM: Yes.
-Both Mr.
Smith and Mr.
Alexander? -Yes.
This is not law, it's tyranny.
-We have lived with tyranny for some time.
Well, what happens now? What happens to John? -I don't know.
Really, I don't know, Anna.
-He'll stay in jail? -Yes.
-For how long? -Until the trial.
-Huh! Do you think there'll be a trial now? -Oh, yes, you may be sure that.
Now that they've gotten rid of Alexander and Smith they'll will force it to a trial as soon as possible.
-Who will defend John? -The court will appoint an attorney.
One of their own choosing.
That's what De Lancey has wanted all along.
-They will convict John then and make it appear legal.
-Yes.
-Where can we turn? We cannot let this happen.
What can we do? -I don't know, Anna.
Every lawyer in the province knows what has happened.
It would be very hard to find one who would dare to face De Lancey now.
-There must be someone who is not afraid.
-Perhaps, but I don't know where to find him.
-Well, then we must look outside the province, in Boston, in Philadelphia, Virginia, somewhere.
There must be someone.
-Wait, Anna, that may be good, very good.
It might be possible to find someone outside who would dare risk disbarment.
If we could make him care enough.
-Think, Mr.
Van Dam, think.
I know of one man.
-Who? -Andrew Hamilton of Philadelphia.
He's a very great man.
There's no one quite like him.
But he's old now.
He's even older than I am.
That's very old, indeed.
-But if he's old then he would have less to lose.
-Yes, but he's been ill.
No, it's too great a chance.
-But if he chose, could he stand up against Cosby and De Lancey.
-Old Andrew, he could stand up against the devil and a regiment of imps.
-Then that is the man.
Do you know what time that boat leaves from the Battery for Paulus Hook? -Uh, polish it well, Peter, polish it well.
-I always does, sir.
-Yeah, and when it's done you can hand it to me.
-Sir? -Well, I've been thinking of taking it down, Peter.
What better time than when it still shines as brightly as the setting sun.
-Uh, you are quitting, Mr.
Hamilton sir? You're giving up? -Uh, that's an ugly way to phrase it, Peter.
But the statement is materially correct.
Here, uh, uh, hand me the thing.
Let me have a look.
-I to do this, Mr.
Hamilton sir.
It's like a burying.
-Well, we'll keep it brighter as long as we can.
[CARRIAGE APPROACHING.]
-There's a carriage pulling up, Mr.
Hamilton sir.
-Excuse me, is this Mr.
Andrew Hamilton's home? -It is.
-Are you Mr.
Hamilton? -I am.
-[SIGH.]
I'm Mrs.
John Zenger.
I have a letter to you from Mr.
Van Dam in New York.
-The wife of the printer, ma'am? Why, ha, it's good to see you.
Ha, ha.
Oh, Peter, get the lady a nice, cool drink of water.
-Yes, sir.
-Do sit down, ma'am.
Do, uh-- I trust that you, uh, haven't come to ask me to help your husband, Mrs.
Zenger? -I would prefer not to answer that, sir, until you've read this letter.
-Sure, as you wish.
Why, what's this? What's this? Disbarred? MRS.
ZENGER: Yes, both Mr.
Smith and Mr.
Alexander.
-Why, this is a nasty business.
Uh, I know somewhat of this case, Mrs.
Zenger, and I know somewhat of this Cosby.
And your husband is still in custody, I gather? -Yes, sir.
-Uh, that's bad, very bad.
-Thank you.
-Oh, I see.
I see.
So that's it.
They're trying to bring the case to a quick trial to make certain your husband has no adequate defense.
-Huh.
-But, uh, can you find no one in New York to take the case? -No one.
That's why I've come to Philadelphia, to you.
-You mean you expect me to take the case, Mrs.
Zenger? To-- to-- to defend your husband? -Yes, sir.
At least that is what I hope.
-But I-- I can't do it Mrs.
Zenger.
It-- it-- it-- it's impossible Why, here, here, do you see this? I've taken down my shingle.
I-- I-- I'm in retirement.
-But, Mr.
Hamilton, there is no one else.
-I can't do it, ma'am.
I'm old and infirm.
To travel all the way to New York City just to take on the case of a little German printer? -It Is not the case of a little German printer.
It's the case of every free man in America.
Why, if they can do this to John, no one will be safe, ever.
John, has done nothing wrong.
He only printed the truth.
-The truth? -No one can sit back while there are men like Cosby living who are trying to take away everything good we've ever known.
[SIGH.]
No one can give up fighting before the fight is over.
Not even you.
-Well, you're a most persuasive advocate, Mrs.
Zenger.
Ha.
-I'm sorry, Mr.
Hamilton.
But you see, all this has come about through my own doing.
-Your doing? -I forced my husband to print that paper.
All that has happened to him, everything that will happen is my fault.
-Uh, did you, uh, bring along your records on the case, Mrs.
Zenger? -Why, yes, I have them here.
Mr.
Alexander has given them to me.
-Well, suppose we go into the house and, uh, uh, look them over.
-You will defend my husband? -Uh, we'll see.
Uh, we'll see.
[THEME MUSIC.]
NARRATOR: And now let's pause for a moment and look at our Westinghouse program and Betty Furness.
"Get The Inside Story.
" -Get the inside story of any refrigerator that you look at before you buy it.
You've probably been reading refrigerator ads in magazines lately that claim completely automatic defrosting.
Well, when you see one of those refrigerators, you ask for the instruction book and read it carefully.
You'll find that many refrigerators that claim completely automatic defrosting tell you quite a different story in their instruction book.
Some of them tell you but you have to push a button to start the refrigerator defrosting.
Well, there's nothing automatic about that, is there? And this manufacturer's book actually says, that you have to scrape the frost off the freezer with a knife.
And some refrigerators that claim to be completely automatic have a jug like this is that fills up with defrost water and you have to empty it.
Well, I wouldn't call that very automatic either, would you? But when Westinghouse says, no defrosting, they really mean it.
You remember that jug that I showed you? Well, in the Westinghouse frost-free there's no jug or drip pan to empty, because the defrost water evaporates automatically.
You don't have to do anything to defrost the Westinghouse frost-free.
You don't have to scrape the freezer and you never have to put push a button.
And here's the secret.
It's the Magic Counter Button, the sign of the exclusive Westinghouse frost-free system that counts door openings automatically.
Now you never touch that button.
Every time you open the door, warm, moist air enters the refrigerator and causes frost to form.
So when you've opened and closed that door enough times for frost to begin to form, that button gives the signal that starts the frost-free system working.
And every bit of frost is wiped away so quickly that your frozen foods here in the freezer, always stay safely firmly, frozen.
Ask your Westinghouse dealer to show you the amazing frost-free.
There's a size for every kitchen and a price for every pocketbook.
And remember, you can be sure if it's Westinghouse.
THEME SONG: Your votes you gave for those brave men who feasting did despise-- NARRATOR: We return now to Westinghouse Studio One and "The Trial of John Peter Zenger.
" THEME SONG: -- who certify the lies.
[COURTROOM CHATTER.]
-Mr.
Attorney General? Mr.
Attorney General, you will proceed.
May it please Your Honors, and gentlemen of the jury.
The charge against the defendant, John Peter Zenger, is that he did willfully and maliciously print a false, scandalous, and seditious libel, in which His Excellency, the Governor of this province, who is the King's immediate representative here, was greatly and unjustly scandalized.
Such libeling is a thing that has always been discouraged as a thing that tends to create differences among men, ill blood among the people, and ofttimes great bloodshed.
There can be no doubt that you, the gentlemen of the jury will condemn these practices and find the defendant guilty as charged.
-Mr.
Chambers.
Mr.
Chambers.
The Court is waiting, Mr.
Chambers.
-Ahem! Your Honors, gentleman of the jury, my client, John Peter Zenger, pleads not guilty to the charge.
-Order in court.
Order.
-May it please the court-- -Yes, what is it, Mr.
Chambers? What Is it? -Your Honors, may it please the court, I've just been informed that the accused has retained co-counsel.
[COURTROOM CHATTER.]
-What is this? Who, sir? Who? -I should like to introduce to the court, Mr.
Andrew Hamilton of Philadelphia.
[MURMURING.]
-May it please the court to summon Mr.
Hamilton who is waiting outside.
-Let him be summoned.
-Andrew Hamilton.
[COURTROOM CHATTER.]
DE LANCEY: Order! Order in the court.
Order in the court.
-Your Honors, I move the court to allow Mr.
Hamilton to practice before this bar and that the required oath be administered.
-You do us a great honor, Mr.
Hamilton.
-Uh, thank you, sir.
-Had I been informed of your pleasure before, sir, these matters could have been attended to in the privacy of my chambers.
-Well, I regret that circumstances prevented my enjoying so outstanding a privilege, sir.
Uh, I am ready to take the oath now.
-You will raise right hand.
Do you swear before this bar to abide by the laws of our lord and majesty, the King and all ordinances pertaining to the trial of this case? -I do.
-Welcome to our bar, Mr.
Hamilton.
-It's a pleasure, Your Honor.
-Mr.
Chambers, you have pleaded your client not guilty to the charges issued against him.
Do you wish to pursue the matter further? -Uh, Your Honors, I beg the indulgence of the bench, but may I ask if it is the intention of the Crown to call witnesses to prove the John Peter Zenger, uh, published these so-called libels? -We intend to do exactly that, Your Honors.
We have witnesses-- -May it please, Your Honors, I will save Mr.
Attorney General the trouble of going any further into the matter.
I do confess for my client that he both printed and published the statements set forth in the charge.
[COURTROOM CHATTER.]
DE LANCEY: Order in the court.
Order.
-Well, now, as Mr.
Hamilton has confessed the printing and publishing of these libels, I think there is nothing to do further but for Your Honors, to instruct the jury to return a verdict for the Crown.
-Uh, Your Honors, uh-- -Mr.
Hamilton? -Uh, Mr.
Attorney General, you will have to prove something more than this before you make out my client to be a libeler.
The words printed themselves must be libelous.
That is, false, seditious, and scandalous-- or else, most assuredly, we're not guilty.
-Well, Your Honors, I-- I think that there is nothing plainer than that the words used in the articles are scandalous and tend to sedition.
If that is not libel, I may safely say there can be no such thing as a libel.
-Oh, may it please the court.
I observed just now that Mr.
Attorney General, in defining a libel, made use of the words scandalous and seditious.
But uh, whether from design or not I cannot say.
He omitted the word false.
-Well, I repeat, a libel is still a libel, not withstanding it may be true.
-Now in this I must, again, differ with my honorable colleague.
I point out to him that the indictment to which my client pleaded not guilty accuses him of a-- now I quote, "a certain false, malicious, seditious, and scandalous libel.
" Now, I say to this court, the word false must have some meaning or else how came it there? Now, to save the courts time, I will agree to everything Mr.
Zenger printed of the-- about His Excellency the Governor is seditious, scandalous, and a libel.
Providing only that Mr.
Attorney General prove them false! -Oh, I object.
This is most irregular.
Most irregular indeed! Your Honors, I think that-- -If Mr.
Attorney General is reluctant to prove the words false, then, Your Honor, we will take the task on ourselves and prove them true.
[COURTROOM CHATTER.]
-Mr.
Hamilton.
-Quiet! Quiet! Order in the court! -Mr.
Hamilton, it is not permitted to give the truth of a libel in evidence.
A libel is not to be justified.
For it none the less a libel that it is true.
ANDREW HAMILTON: Well, I'm sorry the court is so soon resolved upon this bit of law.
-The law is clear, sir.
You cannot justify a libel.
-Are you saying that truth is no defense of libel, Your Honor? Well, now, I respectfully must point out the incongruity of such a position.
I see a man slay another.
I print that such a man is a murderer.
Am I then a libeler? Now, truth is fact, and facts, I submit, are the very reverse of libel.
Now, look further, Your Honor.
If this be the case, that truth is no defensive of libel, what then should be printed in the public press.
Never a word can be raised against a tyrant.
What stands against a tidal flood of corruption if it is not the threat of a fearless press that will exercise the inalienable right of every man to protest-- to protest? -Mr.
Hamilton, after the courts have declared an opinion it is not good manners to insist upon a point in which you are overruled.
-I will say no more at this time.
-Use the court with good manners, sir.
And you are not to be permitted to argue against the opinion of the court.
-Gentlemen of the jury, it is to you we must now appeal.
For witness we are denied the liberty of proving the truth of the facts deemed libelous.
Gentlemen, power may justly be compared to a great river.
When it overflows its banks it bears down all before it.
It brings destruction and desolation wherever spreads.
If then this is the nature of power, let us, at least, do our duty, and likewise men who value freedom, use our utmost care to support liberty-- the only bulwark we have-- against lawless power.
Now, as you see, I labor under the weight of many years.
I am bowed down with great infirmities of body.
Yet old and weak as I am, I should think it my duty, if required, to go to the furthest part of this land to fight persecutions that aim at depriving a people of the right of remonstrating.
I end up complaining, too, against the arbitrary attempts of the men of power, men who injure and oppress the people under their administration, provoke them to cry out and complain.
Then make that very complaint the foundation for new oppressions and persecutions.
Now the question before the court and you gentlemen of the jury is-- it is not a small nor private concern.
It is not the cause of a poor printer, uh, uh, nor of New York alone that you are tried.
No, it may, in its consequences, effect every free man in America.
And I make no doubt that your upright conduct this day will entitle you to the love and esteem of all men who prefer freedom to a life of slavery.
They will bless and honor you as men who have battled and act of tyranny.
By your impartial and uncorrupt verdict you'll have made a noble foundation for securing to ourselves, to our posterity, and our upsets this right and the freedom and the liberty of exporting and opposing arbitrary powers by speaking and writing the truth! The defense rests.
[COURTROOM CHATTER.]
(SINGING) Liberty and law boldly despise the haughty knave that what keep us in arms.
La, dum, da-dum, da, da-da-dum, da-dum, da-dum-- I'm setting up the story, Mr.
Zenger.
-Good, Samuel.
-I'll get some fresh paper.
-Oh, is there ever anything better than to come home? [SOBBING.]
Darling, it's over.
-Yes, yes.
Part of it is over.
-Uh, part of it? -Uh, a little part.
The case of John Peter Zenger is over.
But we must remember what Mr.
Hamilton said.
That it is not only the case of a poor printer or of New York alone, but of every free man in America.
That struggle is not over, John.
It has hardly begun.
-Mr.
Zenger, we're ready to start.
-Is it a good story? -I think it is the best that I have ever done.
-We'll see.
Ah, the press is in good order, Samuel.
-Samuel has been careful.
-Yes.
Well, we'll make it shout! Make it growl! Make it plead! Make it argue! Make it defend! Make it sing! But we must always make it speak the truth.
[MUSIC PLAYING.]
NARRATOR: Now that we have brought down the final curtain on "The Trial of John Peter Zenger," let's turn to our Westinghouse program and Betty Furness who wants you to meet the man who had a bright idea.
BETTY FURNESS: There he was cleaning the dirty garbage can, not very willingly.
But his wife had asked him to.
Then, suddenly he had a bright idea.
He remembered something he had heard about, something wonderful-- the Westinghouse Waste-Away, the electric food waste disposer that can be installed in any standard sink and gets rid of garbage cans and sink strainers for good.
And it disposes of all kinds of food waste, too-- fruit pits, bones, even corn cobs.
Now what you do is you scrape the food waste into the sink drain opening here.
Then you set the safe top control in the away position, turn on the cold water, and the food waste simply flushes right down the drain.
The Westinghouse Waste-Away gives the best way I know of for keeping your kitchen clean and sanitary and getting rid of sink strainers and garbage cans for good.
It isn't expensive.
It costs a lot less than many other food waste disposers to install.
See it tomorrow at your dealers.
Remember, you can be sure if it's Westinghouse.
[MUSIC PLAYING.]
THEME SONG: To you good lads that dare oppose all lawless power and might.
You are the theme that we have chose and to your praise we write.
You dare to show your faces brave in spite of every abject slave with a fa-la, la-la-la, la.
You dare to show your faces brave in spite of every abject slave with fa-la, la-la-la, la.
Your votes you gave for those brave men who feasting did despise.
And never crossed its muted pen to certify the lies that were drawn up to put in chains as well our nymphs as happy swains.
With a fa-la, la-la-la, la.
That were drawn up to put in chains as well our nymphs as happy swains with a fa-la, la-la-la, la.
[THEME MUSIC.]
NARRATOR: This is Paul Branson saying, good night for Westinghouse.
Remember, the 1953 March of Dimes is on and medical scientists are getting closer and closer to victory over polio.
For the sake of your child, help them.
Join the March of Dimes, tomorrow.
The folk ballads were sung by Martin Newman.

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