The prisoners, eight in number, were promptly arraigned before a special court, constituted for the purpose by an ordinance, with inveterate royalists as judges. Six of the inferior insurgents, who made their defence, were convicted of high treason and reprieved. Leisler and Milborne denied to the governor the power to institute a tribunal for judging his predecessor, and appealed to the king. In vain they plead the merit of their zeal for King William, since they had so lately opposed his governor. Leisler in particular attempted to justify his conduct from the standpoint that Lord Nottingham's letter entitled him to act in the capacity of lieutenant-governor; but through ignorance, or sycophancy, the judges, instead of delivering their own opinion on this branch of the prisoner's defence, referred it to the governor and council, praying their opinion, whether that letter, "or any other letters, or papers, in the packet from Whitehall, can be understood, or interpreted, to be and contain any power or direction to Captain Leisler, to take the government of this province upon himself, or that the administration thereupon be holden good in law."
Of course the decision was against Leisler, and they were arraigned at the bar of justice for the crime of high treason. On their refusal to plead, they were condemned of high treason as mutes, and sentenced to death. Joseph Dudley of New England, but at this time chief justice of New York, gave it as his opinion that Leisler had no legal authority whatever, while Sloughter wrote:
"Certainly, never greater villains lived; but I have resolved to wait for the royal pleasure, if, by any other means than hanging, I can keep the country quiet."
Jacob Leisler was tried and condemned early in May, 1691, while Charles Stevens and Adelpha were hastening to New York. Charles, who had heard something of the offence of Governor Leisler, and who, young as he was, had come to realize that royalty yielded nothing to the republican ideas, began to fear the worst. The acts of Leisler had the semblance of popular government, and even the liberal William and Mary had their dread of the people. Charles knew Sloughter by reputation as a narrow-minded, bigoted knave, who would scruple at nothing which tended to elevate him in the eyes of the aristocratic party, of which he was a conspicuous devotee. Charles could offer but little consolation, and, as he contemplated Adelpha's sad future, he asked himself: