The day book. [volume] (Norfolk, Va.) 1857-1867, 1859-11-03

s The court met al . O'clock. The prisoner
was brought in, aad the trial proceeded with
out delay. Brown looks better than hereto
fore, and his health is evidently improving.
He laid on his bed. as usual, The court
house and its approaches were densely crow
ded.
OPENING E2a THE pgFENoa.
Nj. Griswold opened for the defence. ia
king up the several charges of the indict-
ment, and replying to the points made in the
opening argument of the prosecution. He
alluded to the peculiar circumstances sur
roun ling the present case, and hoped the
jury would give il their calm and dispassion-
ate attention, divesting, as far as possible,
their minds from all prejudice. and disr gar
ding outside Influences. The prisoner was
entitled to an impartia! trial under the laws
of Virginia, and let him DO acquitted or con-
victed according to those laws an II the evil
dence given in the case.
With regard to the charge Of treason
brought against the prisoner, Mr. Griswold
argued that Brown could not be guilty of
treas n as he was not citizen OF this Com
monwealth, and none but a citizen of this
Commonwealth, could commit treason never
having sworn allegiance to Virginia, be
could not be d rebel against hec authority.
He was also charged With lavying war a.
gainst the State, but the evidence given did
not support the charge. There was great
difference between ievying war and resisting
auth 1rity. Men congregrate together to
perpetrate crime aud have their rules and
regulations, aud when assaIed they defend
their lives to the almost sacrificing aud in
tending to sacrifice the lives of others, but
that was resistance, not levying war. He
would not shrink from the admission, and
the prisoner openly admitted it, that these
men came for the parpose of ruasing away
slaves. That was the crime under tne laws
of Virginia for which'the prisoner was amen
able to punishment to the extent OF those
laws. In carrying out that purpose he tenn
porarily took possession of the arsesal at
Harper's Ferry, and while there attempts
were made to arrest him. M. GriSwold
had no complaint to make about that, but it
was ia resisting those attempts that this
blond was shed and lives taken, and not ia
levying war against the Commonwealth
ltwas resisting that v nicn was claimed to
be the legal authority OF Virginia seeking
to arrest those Bea Assem- Died III violation
of law.
Mir. Griswu'd proceeded at considerable
length, and closed by saying, on behalf Of
his client, that he had no exception to take
to a particle of the evidence gvea 90 the
trial, but he deemed it a wonder. under the
circumstances, that the truth should have
been as fully developed as it has been. He
especially bore honorable testim ,ay to the
conduct of Captain Siau. who vosudtariiy
came from another State simply tor tia puf-
pose OF doing justice.
Mr. Chiffon for the Defeaee
Mr.. Chiffon spoke Of the em5 arr asement
with which he undertook the case. He in
tended to do his duty faithfully, and had
come to deal with the prisoner, not as Capt.
Brown, the leader of this foray, but simply
as a prisoner under the charge Of violating
the law. Ii that law did not warrant his
conviction he should endeavor to make that
appear to the jury, still he would say he b ad
no sympathy with the prisoner. His birth
and residence until sew years past bad been
In Virginia, in connection with the institu1
ton OF slavery. Although now resident q
the District OF Columbia he had returned 10
his native State to spend the rsmainde1ot
bis days, and mingie his dust with her sbil.
No other motive operated on him that ogdis-
charging disinterested duty faithfully He
regretted only the excitement respecting the
case. he was glad to hear the Judgekay on
Saturday that be desired to try this else pre-
cisely like others. He desired, TOT whole
State and the whole South desireJt that the
trial should be a fair one. 1t hadfoeen fair,
circumstances had Interrupted i9 progress
Counsel We're here without proptr prepare
tipu, but indulgence had been granted and
they made no complaint Yhky should do
tha best they could under the circumstances,
aud could not complain OF theexcitemeut. 1t
Was natural,but he hoped it gould not inter
fere with the course OF justice. or cast stain
on the honor of the Stfe. The jury had
been sworn that they were unbiased, and be
presumed they would irHly discharge their
oaths and render verdict in accordance with
the evidence.
he could not understand from the opening
address OF the prosecution, on what groand
these charges against toe prise were at
tempted 20 be sustained. The Common.
wealth's attorney had INDUCED in strain of
abuse of the prisoner and pronounced SEN
tence on him without waiting for tie yer
diet OF the jury, thus usurping the piace of
the Judge. There were three distinct charges
-hrst OF treason. This was al otfenc. at
Common law. The word is derived from a
french word, sIgrifying betrayal. Treason
means betrayal OF trust or confidence. The
violation OF fidelity OF allegiance TO the Com
monwealth. de maintains that treason
could not be committed against tue Com mon
wealth except by citizens thereof. la the
present case the wAole proof SHOWS this pri-
soner Is not citizen of Virginia. aud there
tore cannot be found guilty Of treason.
The indictment Charges the prisoners y it'll
ommittlng every act composing treason.
They are charged WITH levyIrg war against
the state and exciting slaves TO insurrec-
tior; but there was no proof that they com
nlt'ed these acts, as charged There was 40
proof that they resisted and process issued
against them as vioators. Hence, under the
of the Commonwealth, they were
rather guilty OF resisting .coileo, which was
of the Federal Cover npaat and
not OF the Commonwealth.
lie had aead carefully the prepared Provi-
sional Constitution, and he regarded it as
ridiculous nonsense-a wild chimerical pro-
daction, which could only be produced by
men OF unsound minds. it defines no terri
tory over which it is interded to operate and
says that "we." that is the signers of the
document, not all citizens Of the U. States,
do establish the following Provisional Gov
ernment" What is it, Ii is an association
or copartnership, They are to own proper
L md slok., i