Trial of Fries.
Trial of Fries.

United Columbia.
____

Pennsylvania,
PHILADELPHIA, MAY 10,
TRIAL OF FRIES.

LAST evening the trial of J. Fries closed, after the unremitting attention of the Court and Jury for nine days. The Jury were William Jolly, Samuel Mitchell, Richard Leedham, Anthony Cuthbert, Alexander Fullerton, John Singer, William Ramsay, Samuel Richard, Gerhardus Wynkoop, Phillip Walker, Joseph Thornton and John Rhodes.
    Mr. Sitgreaves, assistant to Mr. Rawle, opened the cause for the prosecution, explaining the nature of the 3d section of 3d article of the constitution, which defines treason in these words "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same covert act, or on confession in open court." After which he introduced to the jury the weight of testimony which they had to produce, in order to prove the prisoner guilty of that part of the definition, of "levying war." Twenty witnesses were examined on the part of the United States, and four on the part of the prisoner.
    Mr. Rawle, attorney for the district of Pennsylvania, after a short introduction read a great number of quotations from law books of eminence in support of the prosecution, after which Mr. Dallas's(?) in a speech of seven hours and a half produced his quotations in behalf of the prisoner and commented on the evidence. He was followed by Mr. William Ewing, another council for the prisoner, who principally went on the same ground.
    Mr. Sitgreaves answered to the observations of the two latter gentlemen in an address of upwards of six hours. He was followed by Mr. Lewis, council for the prisoner, who in the course of his observations made some remarks on a scandalous, calumniating attack made on him in a public newspaper printed in this city during the pending of the present awful verdict; imputing to him the influence of gold in the cause he had undertaken; he observed it must be very well known that the prisoner's circumstances would not admit of a bribe from him; he would publickly declare that neither he nor his colleagues, had received anything, or even a promise, for undertaking the defence of his unhappy client.
    Mr. Lewis spoke near six hours.
    Mr. Rawle closed the pleadings in an address of about four hours, in which he examined the case both as to law and testimony.
    Judge Peters, in a charge to the jury, examined some of the references alluded to by the bar, and was followed by a full examination both on the evidence and law on this important cause, by Judge Iredell, the presiding judge.
    The Court adjourned till 10 o'clock, and the Jury retired.
    At ten o'clock the Court met, the names of the Jury being called over, the prisoner was desired to hold up his hand, when the jury, by their foreman, Mr. Wynkoop delivered in their verdict "GUILTY."
    The prisoner was very much affected on the delivery of the verdict; and shortly after was remanded to prison; Sentence, we understand, will not be passed upon him till Saturday.
    The Court adjourned till Monday morning ten o'clock, when it is expected, the trial of other of the insurgents will be proceeded on.
    May 14.--Yesterday morning Fries was ordered to be brought to the bar, that judgment might be passed, when Mr. Lewis rose and observed, that since coming into court he had received information, which, if true, was of a nature that could not fail to interest the court in behalf of the prisoner. It would be improper, he said, to mention it to the court until its truth was ascertained, and as he intended (if on enquiry it should turn out to be true) to make it the ground of a motion, prayed that the prisoner might not be brought to the bar till next morning--which was granted.
    May 15.--At ten o'clock Mr. Lewis agreeably to his intimation of Monday moved for "a rule to shew cause why a new trial should not be granted to JOHN FRIES. As ground for this motion he produced three affidavits, which concurred in declaring, that some days previous to the commencement of the late trial of Mr. John Fries, a certain John Rhode, who afterwards served as juror on the trial, publicly declared, that the prisoner and all his associates should be hanged; together with other violent expressions evincing a previous bias against the prisoner, which, had it been known before the trial, would have rendered him unfit to serve on the jury. The court appointed this morning, at ten o'clock, to hear this motion.
    Yesterday morning the jury gave in the following verdict in the case of Christian Ruth and five others, on an indictment for rescue, conspiracy &c.--Christian Ruth guilty of the third count only--(rescue) Daniel Schwartz, sen, Guilty of the first count only--(Conspiracy) Daniel Schwartz, jun, not guilty generally. Henry Stahler guilty of the third count only--(rescue) Henry Shiffert guilty of the third count only--(Rescue) George Shaeffer, guilty of first and fourth counts only--(Conspiracy and obstruction of Process.)

________


Source:

Unknown, "Trial of Fries," Thomas's Massachusetts Spy, or Worcester Gazette, Worcester, Massachusetts, Wednesday, 22 May, 1799, page 3.


Notes:

    "In 1797, John Adams was elected President of the United States. A patriotic surge of emotion against France had been developing and during the last days of Washington's term, a treaty with England, known as the Jay Treaty had just been ratified. This was unfavorable to France. In fact, it angered France to the point that she took vengence on American shipping. Diplomatic relations were severed and our nation seemed in a frenzy to go to war against France.
    In May, 1797, Adams sent a three man delegation to France to try to avoid a war. Congress decided to prepare for war. The Navy was strengthened, the Marines, inactive since the Revolution, were reactivated and the Army was brought under consideration for strengthening. Ports and harbors were fortified, as if expecting the French to invade immediately. By November, nothing had been heard from the team sent to Paris by Adams and the attitude of the Congress became more belligerent. By mid April, of the following year, rumor had it that the French were going to attack and invade the United States.
    Now the Congress needed money to repel this force. The Federalists decided that to raise 2 million dollars, they would enforce a House Tax. This was a direct tax on property, houses and slaves. There were also four bills pushed through and made law, which became know as the Alien and Sedition acts.
    The sum of 2 million dollars was to be raised from the House Tax. Pennsylvania was to contribute $237,000. Since there were very few slaves in the state, the force of the tax fell or rested on dwelling houses and property. This tax became known as the "Window Tax", since the measuring of the size of the windows and the counting of window panes was a part of the assessment. It was known as the "Hot-Water Tax", because housewives poured hot water on the assessors from their second story windows to discourage them while they were counting and measuring. It was also known as the "Milford Tax", since that is where the main opposition seems to have been centered. Finally, it became known as the "John Fries Rebellion", as Fries was considered the ringleader of an armed opposition.
    The House Tax was a reincarnation of the hated "Hearth Tax" in Germany. The hearth tax, was a tax levied on each fireplace and its size. All cooking and heating were done by means of a fireplace. The idea of being taxed on the size of a house, the size and number of the windows in that house and the amount of land owned, was similar to the Hearth Tax. Most of all, it was disliked because it was for the purpose of paying for a non-existent war. The German settlers could not accept nor believe that the President would sign this tax into law. When the bill was signed, they refused to pay the tax.
    John Fries became a leader of this opposition. In 1798, he began to lead a band of about 60 armed men around the countryside making it impossible for the newly appointed assessors to complete their task. Assessors were intimidated, run out of town and their lives were generally threatened. Fries' group was successful in keeping the assessors from doing their work in Milford and the surrounding areas. Similar, armed intimidations were occurring in the Northampton area. Pennsylvania's Governor Thomas Mifflin, was embarrassed. On March 5, he sent the militia from Reading into Northampton to arrest members of the renegade bands, as well as those who would not pay the House Tax."

    John Fries was subjected to two trials before being sentenced to be hung on May 23, 1800, along with two other co-conspirators, George Gettman and Frederick Hainey. Two days before before the execution, John Adams, President of the United States of America pardoned the three men. He died sometime before October 28, 1819. He is buried in the old Reformed Church in Trumbauersville, Pennsylvania.

    This information has been excerpted and summarized from James Mann's terrific webpages on the Fries Rebellion at: John Fries Rebellion Part 1: The House Tax Rebellion. 1798-1799 and at: John Fries Rebellion Part 2: The Trial. I would recommend these pages to anyone who is interested in the Pennsylvania Window Tax rebellion.

    Chris

Created April 30, 2006; Revised April 30, 2006
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