Zenger's was the only name associated with the new opposition journal. Governor Cosby knew very well that Zenger was only the printer and had nothing to do with the paper's policy. He also knew that James Alexander, a brilliant leader of the political opposition, wrote or edited most of the articles that were critical of the Cosby administration. But the law, then as now, places responsibility on those who publish a libel--not upon those who write it. As a newspaper reporter, I myself once profited by that distinction. The _Brooklyn Daily Eagle_ had to defend a one hundred thousand dollar libel suit for an article I had written. The leader of a religious sect that had its headquarters in Brooklyn was selling what it called Miracle Wheat. I exposed the one dollar a pound charge for this wheat as a fraud upon the public. That gave me the interesting task of helping the _Eagle's_ lawyers prove with the help of agricultural experts the truth of my printed assertion. For today, as in the days since Peter Zenger's trial, the truth of the libelous allegations mitigates damages and justifies the libel.
It was not until the trial of Peter Zenger that his extremely able lawyer created the notable precedent that the truth must be accepted as justification for a libel and in mitigation of whatever damages might have been suffered by the plaintiff. In the _Brooklyn Eagle_ Miracle Wheat case the libel was clear and the court so instructed the jury, which promptly brought in a verdict of six cents for the plaintiff. This justified the _Eagle_ and humiliated the sellers of Miracle Wheat.
The Peter Zenger trial established one other notable precedent for libel cases. This was that the jury before which he was tried had the right not only to pass upon the fact but also the law in the case. The logic and eloquence of Zenger's attorney persuaded the jury that it had the right to determine how and to what extent the letter and spirit of the law could and should be applied in the Zenger case.
It is an interesting fact that the entire preceding history of the freedom of the press among English-speaking peoples played its part in the Zenger trial. The writings of Milton, Locke, Swift, Steele, Addison, and Defoe were all quoted to justify the freedom with which Zenger's newspaper voiced its criticism of Governor Cosby and the way he governed.