New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-10-31

80 or vo,Ic- oecnsc the Court would not have
jurisdiction 10 try him that coun' IN the ihio,ie'
And the whole question turns on the constru,' VI
tie section Of the statute which has been rean VIZ
whether or not advising or conspirinz with slaves to
rebel i separate and distinct ofense from conSpr'S
with other persons t. induce Il.
The CouRr sid that the difference might perhaps
be taken advantage Of TO move an arrest OF judgment
but the Jury had been charged and had been sworn To
Try the prisoners on the indictment as drawn. Inc
trial must 10 on aud counsel could a;terward move an
arrest OF Judgment. As Ia the other oolecton. tne
Court made this answer: " The very fact that the
ofeuse be charged in different counts, varying the
anguage and circumstances. is based upon the idea
that distinct otenses may be charged in the same IN
dctrent. The prisoners 10 be tried the various
counts If they Were various circumstances. There
il no legal objection against charging various crimes
in the same Indictment. The practice has been 10 put
a party upon election where the prisoner would be
embarrassed in his defense; but that is not the law
In thi. case these ofenses charged are all part OF
the sane transaction and IL made out for the
Court to interfere and put the parties upon an election
Mr. Chiffon said he would reserve the motion ~ a
basis for a motion in arrest OF Judgment
Mr. GRIswoIp remarked that the position of all the
present counsel of the prisoner was one OF very grea
embarrassment. They had no disposition 10 interfere
with he of practice but Il was the desire OF
the defendant that the case should be argued. lie
supposed that counsel could obtain sufficient know-
edge OF the evidence previously taken by residing
notes Of it. But it was now nearly dark. Ii il was
be argued at ALL he supposed the argument Tor the
Commonwealth would probably occupy the attention
of the Court until the usual time for adjournment, un-
less was the intention 10 continue with late even
ing session. From what had heretofore TRANSFERRED he
ielt decacy in making any request OF the Court
but knowing that tie was now ended except Tor
argument he did not know that il would be ask
ing much for the Court to adjourn after the OPEN
ing argument behalf OF the prosecution.
Mr. HUNTER would cheerfully bear testimony to the
unexceptionable manner in which the counsel who
had us taken his seat had conducted the examination
n. Ia
PLEASURE in all ordinary to agree 10 the ndu-
gence OF such request rs the gentleman had Just
made, and which entirely natural. But be was
bound 10 remember, and respectfully remind the
Court that this state OF things, which places counsel
in a somewhat embarrassing position in conducting
the defense is purely and entirely the act OF the prs
oner liis counsel will not be responsible for IT, the
Court IL not responsible for 1t, but the unfortunate
prisoner IS responsible Tor ms own act IN ds-
ni.sing his faithful, skillful, able and Jealous
counsel on Yesterday afternoon. tie would
simply say that not only were the jurors kept
away from their families BY their delays, but there
could not be a female in this county who, whether
with the good cause not, was not trembling with
anxiety ard apprehension. While their courtesy TO
the counsel and humanity TO the prisoner should have
due weight. vet the commonwealth has its rights the
community has its rights, the jury have their rights,
and was for his Honor to weigh these IN opposite
scales and determine whether should not 90 on
and bring this to close tonight We had until
twelve clock to do 1t in.
MIR. tHILION SAID their client desired tNdt tncl
should argue his case. Ii impossible for him TO
do 80 now and be could not allow himself to make an
attempt al argument on a case about which he knew
40 little If he were to get mp at all 1t would be Tor
the unworthy purpose OF Wasting time. lie had no
such design; but having undertaken this man cause
he very much desired to comply with his wishes. lie
would be the last man in the world to subject the
luIors to inconvenience unnecessarily, but although
the prisoner may have been to blame, may have acted
fooshly and may have had an improper purpose in
u.irU he should therefore
be forced to have his submitted without argument
In "A trial for life and DEATH should not be too
precipitate.
Tie CorRr here consulted with the Jurors who ex-
pressed themselves very anxious to get home.
His Honor said he was DESTROYS OF trying this case
precisely as be would try another, without any refer
ence at all to outside feeling.
Mr. HoYr remarked that he physically incapa-
bic of speaking tonight, even If fully prepared. lie
had worked very hard Last night to get the law points,
until he fell unconscious from exhaustion and fatigue
For the last FIVE DAYS and nights he had only slept ten
hours and seemed him that justice to the person
demanded the allowance Of little time IN case so eX-
traordinary in all its respects as this.
The CoURT suggested that we might have the open
ing argument for the prosecution tonight at any rate.
Mr. HArprro would not LLe to opea tho aryynnneat
now unless the case was be finished Tonight. IL
was willing however, to submit the case to the Jury
without single word, believing they would do the
prisoner Justice. The prosecution had been met no
only ON the threshold, but at every step with obsruc
crs 10 the progress of the II the case was no
To Re closed tonight h. would like to ask the same IN
dulpeuce given to the other side, that he might colla
the notes of the evidence he had taken
The COURT inquired what length OF time the defense
world require for argument on Monday morning. lie
could then decide whether TO grant the request or not
After consultation, Mr. CHiLIos stated that tner
would be only two speeches by himself ana Mr' Gfis
wold not occupying more than two hours and half
Ill all.
Mr. HUNTER again entered earnest protest against
delay.
The Court replied, Then you 90 on your
selves."
MR.. HARDING then commenced the opening argu-
cent for the Commonwealth, and spoke only for about
forty minutes. He reviewed the testimony elected
DUNG the examination and dwelt for some time on
the ab-urdty Of the claim expectation of the prison
eItLat he should have been treated according 10 the
rules Of honorable warfare He seemed TO have lost
sight Of the fact that he IN command Of band Of
nurdeTers ard thieves, and had forfeited all title 10
protection OF any kind
TIE Court then adjourned at o'clock, TO meet again
al IL O'Clock tomorrow morning, when Mr.. Chiffon
will deliver biz opening speech for the prisoner
Tie following If the bill Of indictment found by the
Grand Jury;
Judiciol Circuit Of yirgsi0 yefer7H Cop'fy 10 v1Ths
Of the Of Virginia In and iof ne cody Of
Circuit Court Of said county upon Their 'sh' 90 pls.sn
that John Brown Aaron stephen. sL aaron ~ "a In
ou.ud free negoss together with divers other ~
and sorous persons 10 the Jurors unknown not me ir
before their eyes being moved and sdnced by the
M nd malignant counsel Of other evil and tTaorou. persons
and the ofthe devil did seyeay on the sixteenth
eighteenth days Of the month 81 OctoDer "a the
var OF our Lord gheen hundred and hy nine and on i's.
other DAYS before and 40 that time within the Coanon~esh
Of g md the County oi Jefferson Aforesaid ana
Jurisdiction Of this Court with other coniederaes 70 the ufys
IN kossu oniou-ly and lrorou.y mare rebellion ana evy
war sainst the aid Commonwealth Of Virginia and to she
carry oct and fulfill their said wicked and teasoaDe hif ana
r.. did then band Of Organized soldiers az
-. and place WITHIN tl- g'uhy
"a state within the Jurisdiction Aforesaid snoNn
~ Of
did fribly capture prisoners Of and d@,aln aver 90
M al
Ws.finrou John 81 Alstad Archibald NJ Kitzmlsr bsne-
IN Sill. John T. Z. Dsingerted, Ainssad BAL, Jonn