 The theater presents Pat O'Brien and Raymond Burr. In cooperation with Family Theater, presents Raymond Burr as Andrew Hamilton in the story of Peter Zanger. To introduce the drama, your host and narrator, Pat O'Brien. Thank you, Tony Lafranco. Family Theater's only purpose is to bring to everyone's attention a practice that must become an important part of our lives. If we're to win peace for ourselves, peace for our families, and peace for the world. Family Theater urges you to pray. Pray together as a family. John Peter Zanger is a name unfamiliar to most of us. Yet by historians, he's considered the man who struck the first blow in America's struggle for freedom. For it was Peter Zanger who fought and won the battle for a free press. Who was Peter Zanger? Well, let us imagine ourselves in the British Crown colony of New York back in the year 1733. In a place, a small printing shop on Broad Street. Hannah, this time Governor Cosby's gone too far. Now what is he done? He's removed Louis Morris as Chief Justice. Oh, no. What, aren't there regulations or rules or something that prohibit such actions? Cosby makes his own rules and the legislature's afraid to oppose him. Justice Morris tempered his decisions with justice and wisdom and for that he's removed from office. And worse, nothing will be done about it. Surely something can be done about it. What? Bring the facts to the people. And just how? My dear, why don't you publish a newspaper that's not dependent upon the Governor's patronage? What? Peter, accepting you, William Bradford is the only other printer in the colony. He not only has a monopoly on all official printing but publishes the only newspaper, the Gazette. Therefore, even if he wanted to, William Bradford dare not hazard the wrath of Cosby. Are you suggesting that I hazard the wrath of Cosby? That is dangerous, Anna. He's a malicious, vindictive, pinch-sold bigot and with almost absolute power. True, Peter. And all the more reason that if Bradford dare not speak out, you must. Someone should disclose the misdeeds of the Governor unless we express ourselves freely. We're not free men. Just tools of Cosby and his kind. Anna, I will start that second newspaper and a free one. And with God's help, I shall, in some way, resist the tyranny by which we're governed. And so on November the 5th, 1733, appeared the New York Weekly Journal, containing the freshest advices, foreign and domestic. It was small as newspapers go, but spoke truly and fearlessly. Scarcely had the first copies appeared on the street when William Smith and James Alexander, two of New York's most brilliant barristers, sought out the small print shop on Broad Street. Yes, gentlemen. I am James Alexander, and this is William Smith. How do you do? Mr. Zanger, you've done a great service in publishing the Weekly Journal. Thank you, Mr. Smith. And may I add my congratulations? New York now has a true voice of the people. You're very kind, Mr. Alexander. Mr. Zanger, by criticizing Cosby, you placed yourself in great jeopardy. No doubt the Governor is very angry. And so, my friend, Smith and I have come to offer our aid. If and when you have need of legal counseling or representation in court, you may depend upon William Smith and James Alexander. There's no question that Governor Cosby was angry. One evening at dinner, he discussed the matter of the troublesome Peter Zanger with two cronies. I will not have these, these provincials laughing at me. This Zanger must be stopped. Delancey, I want him in prison immediately. But your Excellency, I am a judge. I cannot place this upstart in jail. Try him, yes, and sentence him to be sure. But it falls upon Bradley here to find the means to bring him to trial. Well, Bradley? Well, you see, Your Excellency, there are certain... I can see I have overestimated your capabilities, Bradley. But, sir, cannot you see that Zanger has been too clever to name you directly? You, sir, are involved only by innuendo and implication. Bradley is right, sir. Zanger has never called you by name, nor has he directly mentioned the title Governor. Gentlemen, if you cannot devise some plan by which I can rid myself of the perpetrator of these scourless attacks and place him behind bars where he justly belongs, I promise you that the two ranking legal lights of this colony shall be extinguished. You have until I have finished my glass of port. Marsden, you may pour the port now. Oh, the two ranking legal lights continued to burn brightly, for the time being, at least. They resorted to the cheapest kind of trickery, luring Peter to the city jail under false pretenses and then confining him without any legal justification or on any specific grounds. Upon hearing the news, Peter's newfound friends, James Alexander and William Smith, came immediately to see him. It was very good of you, friend James, to come to my aid so quickly. If ever a man needed friends, I do now. You have nothing to fear, Peter. I have a writ of habeas corpus here and Smith is seeing about the bail now. Bail? Even if I sold my shop, I could scarce realize 40 pounds. We have raised 100 pounds and possibly could manage as much as 200, if need be. 200 pounds? But where? You have friends, Peter. Peter, Peter, have you been treated well? As well as can be expected, William. I... I regret that I bring bad news. You were unable to see the judge? Oh, no, no. I saw him. Then you would not set bail? Oh, nothing like that. He set bail for 800 pounds. 800 pounds? 800? But such a sum is out of all reason. Of course it is. I detect Cosby's handiwork. What do you mean? By placing an exorbitant bail, a sum he knew you and your friends could not possibly raise, he's assured himself that you will stay imprisoned until the next session of the grand jury. But that is five months hence. And that means that Cosby has gained his end. He's silenced the journal. Be of courage, Peter. We shall redouble our efforts and have you out of here within a matter of days. But Alexander was overly optimistic. For Peter was immediately placed in solitary confinement, for a languish for six weary months. He saw no one but the jailer who trusted Adam through a small hole in the heavy oak door of the cell. Eventually, however, Anna was permitted to speak to Peter through that same small hole. What have they done to you? Anna. Anna, my dears. Oh, Peter. They're... they're... they're... I'm quite all right. No tears now, please. But to see you pinned up like... like some beast, that unspeakable Cosby, we must strike back. We must continue to print the truth. We must go. Anna, you forget I'm in prison. Without me, there's no one to set type or write editorials. But we must do something. The only thing I can do is to promise to cease publication. And surrender to Cosby? Never. I shall continue publishing the journal. Anna. Oh, Anna. No woman has ever edited or published a newspaper in a crown colony. There's no precedent for such a thing. Peter Zenger, you broke precedent when you challenged Cosby's tyranny by printing the truth. Well, I shall continue printing the truth. And if that breaks another precedent, then so be it. 29 years of age. Anna Malen Zenger became the first woman newspaper editor and publisher in the world. Every Monday, the journal appeared on the streets. Meanwhile, despite the heroic efforts of Smith and Alexander and many others, Peter lay in prison until late January the following year. But, Your Excellency, what else could we do but release Zenger? Grand jury found nothing against him and ordered his release. Then we shall return him to prison on another charge. And a charge? The charge matters not just as long as that impertinent fellow is kept behind bars. But, Your Excellency, keeping Zenger in prison did not serve its purpose. No, the journal continued publication. And if I manage, a judge of character will continue to do so as long as that moment is... Don'ts! Fools! Do you not comprehend the reasoning behind my insistence in keeping that meddlesome bounder in jail? Feeling against me runs high at the moment. A feeling spawned and nurtured by Zenger's infamous lying sheet. True, sir. If I should be so unwise as to directly attack the female that now compounds and prints these lies, then I shall... Yes, yes. Then you would increase the prevalent sympathy for Zenger and make your own position more untenable. Untenable? Delancey. I am the governor of this colony. No one makes my position untenable. Your pardon, Your Excellency. I regret my ill-choice of word. Your Excellency, what is your reason now for keeping Zenger in prison? A simple one. But it shall prove effective nevertheless. I have observed that females are sentimental creatures whose model and affection outweighs their reason. No doubt during these past few months that Zenger woman has been sorely tried. Now, if Zenger is suddenly returned to prison and held in communicado, the blow will prove too great. And like all females, this Zenger woman will be plunged into the depths of despair. I'm beginning to understand, sir. A few days and then she comes to me. I ponder the matter. Then graciously release her husband, providing that he dismantled his press, scattered the type, and voluntarily exiled himself from the colony. Bravo! You not only rid yourself of this nuisance, but by releasing the fellow win the acclaim of the colony by your generous act. Exactly. Stroke of genius, Your Excellency. But by what means do you remand Zenger to prison? That is the crowning touch. He shall be rearrested at once and charged by information. But, sir, surely when we come to trial... I have anticipated that. For a few pounds we can secure depositions, worded in any manner we choose. Now, if it so happens that these depositions are signed by seamen, it would be most convenient that they are at sea when Zenger's trial takes place. And, obviously, then they could not be cross-questioned. Excellent, excellent. My congratulations, sir. This surely will be the end of Peter Zenger and his noisome journal. And so Peter Zenger was again illegally placed behind bars. And although Cosby was correct in assuming that Anna would be plunged into the depths of despair, he misjudged her when he said that she would come begging for Peter's freedom. No, instead, she sharpened the barbs of her satirical writing and heaped such cleverly drawn ridicule upon him that New York roared with laughter while the discomfort of governor squirmed with rage. And then, goaded beyond endurance, he did the one thing that he said he'd never do. And they'll surely destroy the house. And if you do, Mrs. Zenger, they shall destroy the press. What can we do? Hold them off as long as possible. Here, help me move this table up against the door. Be here, see what has happened and it's getting aimed. I hope all of me can return in time. Any moment now. Oh, stay back. Get away from that window. Over here, Mrs. Zenger. Over here, by the... Ah! Salih, Salih! Open up! Oh, thank heavens! One moment, William! Mrs. Zenger, here, you'd better sit down. Yes, yes, thank you. You arrived just in time, William. Another minute or two. Oh, let's not speak of that. Everything's all right now. You're safe and our friends are in pursuit of the scoundrels that attacked here. But why should any of them? Mrs. Zenger, I'm afraid that Cosby has... The governor? Why surely he'd not stoop to sit? There's nothing too low for Cosby to attempt. If it gains him a desired end, now tonight's work is without question his doing. William speaks the truth. But tonight's incident may prove a blessing in disguise. What do you mean? Now that violence has been attempted upon you, I am certain that the grand jury can be urged to meet in extraordinary session. If so, possibly Peter's trial may take place sooner than we had hoped. Peter Zenger came to trial. An item in the journal filled the courtroom with his well wishes. And they and the governor's group were due for a surprise. For Anna broke yet another precedent, insisting on sitting at Peter's side. Justice Delancey nodded to Attorney General Bradley to read the charge. The province of New York charges that the defendant, John Peter Zenger, did willfully and maliciously printed one newspaper to wit the New York Weekly Journal, false, seditious and libelous statements of the governor and representatives of His Majesty the King. This court is convened for one purpose only, for the jury to decide whether or not the said defendant did print and caused to be published these falsely libelous statements against the government. If so found, the jury can find but one conclusion, guilty as charged. We will have quiet, quiet. This is a court of law. Proceed, Mr. Attorney General. Your Honor, there is no need to further waste the court's time. The defendant did publish, which is a known fact, various falsely libelous statements against the duly constituted government of this colony. Having so published, which the defendant cannot deny, the jury can reach but one conclusion, that he is guilty. The crown rests, Your Honor. The defense is represented by counsel. Yes, Your Honor. You may proceed. Thank you, Your Honor. But first, if it pleased the court, I would like to read a statement. Does it pertain to this case? It does, Your Honor, vitally. Proceed. It is a letter from London, from Lewis Morris and States. States that the King has never approved Justice Morris' removal from the bench, and that your appointment by Governor Cosby was made without the necessary consent of the council. Therefore, my colleagues, and I charge that you occupy that bench without legal authority, and are not properly qualified to conduct this trial. Your Honor, the bench will not accept your charges, sir, for it is obvious that you thought to gain popularity by opposing this court. But you have brought it to that point that either we must go from the bench, or you from the bar. Therefore, we exclude both you and Mr. Smith from the bar, and deny you the right to practice. The following day, the trial resumed. Zenger represented by young John Chambers. Attorney General was forging the final link in the chain of evidence against Zenger, and is addressed to the jury when suddenly... Hey, please, the courts! I agree with Mr. Attorney that government is sacred. Did I differ when he would insinuate that the just complaints of men who suffer under bad administration is liable? He's here. He did come. Andrew Hamilton from Philadelphia. But how did he... I wrote and asked him to come, Peter. The greatest living advocate in America, here. I am old and infirm, Peter Zenger. I have journeyed from Philadelphia because I cannot be free if another man's freedom is in jeopardy. Will you accept me as your counsel? Gladly, Andrew Hamilton, gladly. Then, Your Honor, I ask leave to address the court. As you know, the Defendants' Council, you may address the court. Thank you, Your Honor. It is with considerable amazement that I have no... Your Honor, Mr. Hamilton's statement of a moment ago is absurd. According to the laws of Charles I, any criticism of an officer of the government is liable, whether true or false. If you have brought witnesses here only to prove the printing and publishing of these alleged libels, we acknowledge that. Your Honor, the indictment against the defendant stated that he had printed and caused to be published certain false libels. It then follows that the prosecution is also calling the truth a libel. Mr. Hamilton, have a care what you say, sir. Certainly, men in authority are not exempt from adhering to justice. It is the governor's duty to be just. And if he abuses this privilege, must every man injured remain silent? Must every man be jailed as a libeler for the mere telling of his sufferings to his neighbor? That is clear, Mr. Attorney. A libel might be a libel even if true. But whenever this line of reasoning, the bench will not entertain such argument. As you wish, Your Honor. But I trust that the bare printing of a paper will not make a libel or my client a libeler. For the words themselves must be libelous. That is, false, scandalous and seditious. Or we are not guilty. If the Attorney General can prove the statements that we have printed to be false, I admit that they are scandalous, seditious and libel. But we will save him the trouble by proving that the statements made in the defendant's newspaper are true. Mr. Hamilton, let me remind you that we are not convened to determine the truth or falsity of the defendant's statements. But only whether they were printed. I understand, Your Honor. However, if I am unable to prove or disprove or even discuss the truth or falsity of my client's statements, there is only one course left to me. Your Honor, may I address the jury direct? Proceed, Mr. Hamilton. But confine yourself within the limits and purpose of this trial. Thank you, Your Honor. Gentlemen of the jury, just you we must now appeal for witnesses to the truth of the facts that we have offered and are denied the liberty to prove. The facts which we offer to prove are notoriously known to be true, and therefore in your wisdom and justice lies your present and future safety. As we are denied the giving of evidence to prove the truth of what we have published, I beg leave to lay it down as a rule that the suppressing of evidence ought to be taken as the strongest evidence. Your Honor, you try the patience of this court beyond all endurance. Peter Sanger has exercised the right that all freemen claim, the right to publicly remonstrate the abuses of power and the strongest terms to put their neighbors upon their guard against the crust or open violence of men in authority. Gentlemen of the jury, remember it is your duty and not the judges to determine what was or was not a libel. This is not the cause of a poor printer nor of New York alone which you are now trying. No. Your decision may in its consequences effect every free man that lives under a British government in America. Gentlemen, you must decide for the best cause, the only cause, the cause of liberty. Your Honor! Judge Delancey gave an outrageously biased charge to the jury and the latter group retired. And thus to twelve good men in true came a supreme moment for upon them rest the fateful decision of whether in prosecution for criticism of a public official, the jury or the judge decides the law and the facts. We the jury find Peter Sanger not guilty. But Peter, you must come. This celebration is for you. Yes, and for Andrew and Hamilton. Go on, Peter, a celebration is due you. I shall wait here at home. Gentlemen, gentlemen, I deeply appreciate the honor and I'm aware of the sentiment that prompts your generosity, but I would like to be with your wife. Yes, we understand, Peter. Yes, Mr. Hamilton. While your glorious words are still fresh in my mind, I wish to set them in type. For tomorrow the journal publishes its first special edition. This is Pat O'Brien again. You know, each week we receive letters from listeners well all over the country. And these are a never-ending source of pleasure to all of us associated with family theater. Last week, however, we received an unusually beautiful letter. It so completely sums up our purpose of family theater. Well, we'd like to share it with you. Last night my husband should have been studying his physics. And I should have been mending his socks. Instead we were listening to the radio. Secretly I was worrying. Will he be called to the service? Will we ever be able to have a home of our own? How much will it cost for a nice chicken for Christmas this year? Then suddenly I was aware of a friendly, calm, quiet voice. Saying something about prayer and God bless you. It was the family theater program. For a few still moments I was aware of the most important kind of peace in the universe. The peace of God, which passeth all understanding. You people on the family theater were very close to me. You were among my dearest friends, my most loved. And somehow, we were all with God. For a moment I felt certain that the world isn't going to the dogs after all. The outworn proverb that says it's always darkest before the dawn seemed true. You made me feel that perhaps the dawn is just an hour away. Perhaps the world's distress is a kind of spiritual labor pain. And in a while, with faith and God's help, all the pain will turn to joy. We'd like to take this opportunity to thank the writer, and we hope that our program will mean as much to you as it did to her. And that you too will experience what we mean when we say the family that prays together stays together. More things are wrought by prayer than this world dreams of. We'll return in just a moment. From Hollywood, Family Theatre has brought you Raymond Burr as Andrew Hamilton in the story of Peter Zanger. Others in our cast were Michael Hayes, Gene Bates, Tudor Owen, Herb Rawlinson, Bill Johnstone, Stan Waxman, and Jack Krushen. The script was written by Robert Turnbull, with music composed and conducted by Harry Zimmerman, and was directed for Family Theatre in Lansfield. And once again, here is Pat O'Brien. Family Theatre is made possible by the thousands of you who felt the need for this type of program, and by the mutual network. We of the entertainment world enjoy appearing on these Family Theatre broadcasts. Next week, starting one half hour earlier in our usual broadcasting time over many of these stations, you will hear a full hour program marking the Great American Holiday Thanksgiving Day. And appearing on this special broadcast will be Ed Sealpinza, Anne Blythe, Richard Widmark, Joe Stafford, Marina Koschetz, Anne Jamison, Rod O'Connor, James Alexander, and myself. This program will be presented by the Family Rosary. This is Pat O'Brien expressing the wish of Family Theatre, to be with us next week one half hour earlier for the Thanksgiving hour. Join us, won't you?