The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-01

auae II the Opening speech Of the defence hie
ing, where be hd been repro cned as having drawn the
picture Of The dshsveed locks Of alarmed beauty His
friend had done him come injustice in aibgtng 70 him
design OF exciting alarm or disturbing tho minds OF Tho
people unnecessarily. Ae had endeayored 70 march
straight ward with Abe sole purpose Of dcharng his
duty IN procuring the attainment u usce in respect 10
tho prisoners. he would commend Mr. Criswod the
testimony he had borno in the opening n tho Court that
NOT only have the forms Of fair trial been extended to
the proncr but the substance aso that In the midst OF
all temptations TO the oonraryin the midst Of all tho
solid reasons that hav been urged why different
course?--I do not inca an irregular course--a
different legal and constitutional course by the
Governor Of Virginia might haye been pnrsued OF
declaring martial law and administering drum head JUS
ce; that the Chief Magistrate has AIKEN high conserva
tive ground, We virginans, Justly proud Of and
that did force this thing beyond what prudence
ques Of u.s. and hatin regard to the power and patriotism
Of the commonwealth Of Virginia, sufficient for IT,
come when may and in whatever form. lie proceeded
the objections founded on tho plea that might
have been made to the power Of his Conrt " try
case whcre the offence was committed II hardly
necessary 10 show that it within the county OF
Jefferson and within the Jurisdiction Of this Court There
law IN Virginia making the Potomac river lac bounda
~ between Maryland and Virginia. and giving either State
power, by solemn compact, TO execute criminal pro
cess TO the farther bank These matters, which
tanned in the code Of Virginia. unnecessary prove
by Witnesses. The jury could read the code for them
selves Another law defined the limits Of Jefferson coun
IT, showing that embraced the locality where these
events occurred, and giving Jurisdiction to This
Court II bruited In preliminary stage Of tho
proceedings, and an attempt was made TO argue,
that the United States heldnn exclusive jurisdiction over
t.s1 ~
poin. because not one murder out Of the four lives taken
was committed the Armory grounds Mr. Hunter then
took up the argument treason which he understood TO
be that mono but an atache Of thu commonwealth
commit treason against r. I, is limited parties
does not require that the offender shonld be citizen
according 70 system OF government, and the
complicated machinery Of federal and State govern
Inents under which we live. In some respects We
are unfortunately bound TO recognise citizens Of Viz
GINA those who have proven themselves within our Dor
ders in this case, and without the as in others, our
deadliest enemies Tho constitution Of the United States
provides that citizens Of each State sai be entitled TO I'll
the irnnniles Of citizens OF the several States Brown
came here with the mmunities given by the constitution
He did divesed of the responsibilities belonging
TO those mnnniijes Let the word treason breaeh
Of trust and did he not betray that trust with which,
citizen he is invested when within bcTdars By the
federal constitution no citizen when be was here
and did that bond Of unionwhch may ultimately prove
bad bond TO in the souihailow him to come into shs
bosom Of the commonwealth with the deadly purpose Of
applying the torch to buildings and shedding the
blood Of our citizensp Again cur code defines who
are citizens Of Virginia, al those white persons
born in any other State Of ,hi Unicn who may become
residents here Tho evidence IN ibis case shows without
shadow of question, tina. when this came to rr
gIta and planted hh feet Hsrrors Ferry, he came
there to reside and hold the paoa permanently. It Is
true that no occupied farm four or Eve miles on
in Maryland, short uno since, but NOT for tho
legitimate purpose OF establishing his doEasc.
thorc. II for tho nefarious and hoilsh rur
pose Of raliying forces .uto this commonwealth
and establishing himself Harpers Ferry starting
point for new government Whatever II wns whether
taga or farcical and Ridiculous biz counsel has pre-
sensed it, his oondnct showed his declarations In
sufficient that alone FOR the purpoeo OF carrying
of slaves tia. be there Ills provisional govern
rnent was real thing, and debating society, as
counsel would have believe; and, in holding
ofice under and exercising It's functions, he wss
clearly guilty OF treason The forty sixth section has becz
referred as showing was trsasonable but he sup
posed tha that mean. that the government 70 b
union Of separate States, Ike the present, with tho Of
ference that all 10 be free States The whole docu
mont must be taken together Tho property OF slave
holders WIS DO confined all tho South, and any
found In arms was TO BIO ehot down. Their condGc
at Harper Ferry looked Ike insanity but there was toe
much method In Browns madness His pur-
poses wero too well natured, aGd he and his
party declared there thousands in the North ready
to join them While the Jury TO tako tho whole do
claraon tho law books expressly declare they may
ect they good TO do 80, that which would
enuate the guilt of the prisoner They bound to COD
slider IT, that's ALL AS to ccnspirng with slaves and re-
bells the law says tho prisoners equally guilty, whe
Their instruction made lot. Advice may be gven
by actions as well as words. Whom you put pixies in
the bands Of the slaves, and have their has
tiers captive, that Is advice to slavcs to rebel,
and punishable with death The law does not require
positive evidence, but only enough to every
reasonable doubt 10 the guilt Of the party manes
crcumsan.al evidence Is the strongest kind, for wit
nesses may peYjure themselves DO mistaken. The
defence say VIC don't know who killed the negro Hey
wood, that Brown did not Go 1t because there was no
object but tha. dark ard the supposton that
Haywood was killed. by mistake They say Brown shot
no unarmed men, but Beckham was killed
when rnar1ned, and therefore be thought the whole
case had been proved by tho Of argument
With regard to malice, the law that the party per-
petrang felony undesgnedly takes life il q conclusive
proof Of malice II Brown was only intending 10 steal
negroes ma In doing took re II was murder with ma
lice prepense. SO the law expressly lays down that XIII
Ing committed IN resisting officers attempting to queA
riot or arrest the pcrpcaaor Of criminal offence nur
der in the first dcgroc Then wi. need all this deasl
The proof that Brown treated oil his prisoners with
lenity, end did not want TO shed blood, Is clear
Brown was not radman 10 shed blood when he
knew the pcnaKy for 90 doing his own Es In the
opening he had sense enough know boer than thai,
but wanted the citizens Of Virgins calmly to fold their
arms and lot him usurp the government. rnanumA our
slaves confcase the property Of Shareholders, and with
ont drawing trigger sheddMg blood, permit him %
take possession Of tis Commonwealth and mako anoer
Hayt Such an idea abhorroat 70 pursue. So too
the idea that Brown shed blood only in selrdofence,
was too absurd to require argument BE gories
IN coming here TO violate our IaTr, end says
he had counted the cost know what he was about, and
was ready abide the Consequences That proves ma
ucc Thus, admitting everything charged, hc knew his
life was forfeited be failed Then, NOT the case made
ont hcvond MI reasonable doubtcyen beyond any