The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-10-29

n r.
I Virginia. 'N'e Va
In regard to the telegram read we know no,
VINO sais Ar: Lewis Is, we know not whether
ne IS 10 coala here counsel for the nrisoner or
whetherhe wants TO heada band of desusradoes
10 rescue the prisoner. Wehaye a right 10 he
,ieNe tiae latter as well as the former There had
@ oTrn aihe enough since the letter for Northern
SVunsei was mailed, on last SATURDAY. for il to
leasn nm, and for him TO arrive ere this if he
~ ntu ussignsd coming. II was fairly inferrable
that ne did not iatend to come. But might 1t
not ne an attempt TO gain time aifd learn the
latest day when 4 rescue could be attemntad5
| wh,ie commanding the earnestne~s and zeal
Oh tue prisoners cousel, he must ask the Court
80 ~ lsIeet the motion and proceed with the trial
Hr. harding said he would be reluctant To
mtenho!o w from prisoner charged with crime
%. 20 sue sreatest enormity, as in the present
ease, ahything calculated 10 afford him the
| ampiest opportunity of Justice: but he had
ao1e and Intelligent council assigned him. VIII,
u WouIu see that he was tried fairly and impair
lazy. .sn AND ne therefore fully concurred with
the remarks OF his colleague in opposing the
| motion lie referred also TO the fact that Cant.
| Brown pretended yesterday afternoon that he
| WAS unable to walk and was brought into
Court On bed. Yet he walked back to iail
after the close of the Court without difficulty
he thonghi those were mere pretences for de-
| lay. whleh the Court should overrule.
| var. Green remarked that one DAVIS DELAY
| would he sufficient to ascertain whether the
| e1nected counsel would come or not, and no
| prejudice could result to the Common veal tn
| from a small delay of that character In re-
| terence to the new matter brought to the con-
Siderajlon OF the Court, he did not believe tha
prisoner had made any Acknowledgements
| upon which he could he convicted. All the
| acknow leQgmcntS made, far as he knew
! their character referred 10 charge of treason;
and those confessions according TO our law,
are insufficient 10 convict party who may
have acknOW ledged the fact in the plainest
manner 10 4 hundred witnesses for if that is
| All the evidence upon which the Common
| wealth relies, The prisoner cannot be convict
Ell, because our code provides that such con-
| .rS>Ion shall ne made III open Court, ana the
| prisoner has denied ii in open court by putting
| IN The plea of not guilty
| As TO sufficient time having elapsed for
| counsel 10 reach here, ii was reasonable sup
| position that the persons TO whom Brown
| wrote Were absent and did not Immediately
| receive the letters. The Commonwealth's At
torney does not know who Mr. Tilden is, but
he is an eX-member of Congress and said 10 be
i man of res pee liability.
As TO what is called Capt Browns sham
sickness OF yesterday, it should be remembered
| 1hat IL was not then, nor Is It now, maus the
ground OF application for delay. Certainly he
did not think this trial should be hurried
through for the reason that rescue might 10
| apprehended, for such fears We're idle.
THE OPINION OF THE COURT.
| The Court stated that il must see to H. in
| this ease, rs in any other. that a proper cause
for delay was made out before granting such
| an application. In the present case, he could
| not see that the ''telegram' gave any assurance
| that the additional counsel intended TO come.
The prisoner is now defended by counsel who
| will take care that no improper evidence is ad-
| duced against him. and that all proper eyi-
| dence in his behalf shall be presented. The
| Court could not see that any proper cause for
| delay made out. The expected counsel
| might arrive before the case was concluded
| ana could then all the testimony taken, and
thus the prisoner might have the benefit OF
their advice, although the case now proceeds.
| As 10 the matter OF insanity, II was not pre-
| seated in reliable form. Instead of mere
| statements, we should have afiidayts orsome-
thing OF that character. lie thought, there
| fore. tha . Vthe jury should be sworn and the
| trial proceed.
THE JURY SWORN.
| The jury having been sworn to fairly and
impartially try the prisoner, the Court direct
ed that the prisoner might forego the form OF
Handing while being arragned, if he SO de-
| sired it.
Mr.. Bolts put the inquiry TO the prisoner,
| and he continued to be PROSTATE in his sea {
| while the long indictment, filling seven close
| ly written foolscap pages, was read-the first
count being iaSnrrection, the second treason,
and the third murder.
TIE OPENING ADDRESS TO THE JURY.
| MIR. Harding, the States Attorney. then ad-
| dressed the jury, and presented the facts of
| the case, detailing the scenes at the armory;
the killing of the bridge-keeper and the sub
| sequent killing of citizens named in the in
| dctment; he seizing of Messrs. Lewis Wash
| ington and Allstadt, with their slaves; the
| forming of government within the limits OF
| the COnlinOnWe Wealtn nOiulllS clllEenS as prison.
ers OF war, and their subseq uent capture, etc.
He read the law on the subject of treason
and IeVylng war against the State; givin z
comfort TO its enemies es tablishing any other
government within its limits offences punish
able bN death-the murder OF citizens, and in
connection with these are the punishment for
; rape. Several of the charges of the indictment,
If proven being death, all these charges would
I be distinctly proven beyond the possibility of
; a doubt on the mind of the jury. He would
! show that the prisoners whole object to
. rob our citizens of their slaves and carry them
, off by violencei and he was happy to say,
against the will of the slaves, all OF them hay
ing escaped and rushed back TO their mas tiers
at the first opportunity.
He concluded by urging the jury to cast
aside all their prejudices and 10 give the pri-
soners fair and impartial trial. Not to allo II
their hatred OF abo!ltionlsts 10 influence them
| against those who have raised the black flag OF
/ rebellion i'll the soil of this Commonwealth.
Mr. Green, on the part of the prisoner, arose
and addressed the jury, giving to them the Ia "
, applicable to the case He said that the jury
must bear in mind that they are judges of the
law and the fact, and that if they have any
doubt as TO the law or fact OF the guilt of this
prisoner, they to give the prisoner the bene-
Fl of that doubt.
The first charge of treason, as a specific act
of treason, must be proven 1t must be pro-
} ven that he attempted to establish Il separate
and distinct government. And itmust also be
proven what was the purpose of the treasona-
bic acts before you can convict him these
charges. Ii it is intended 10 rely his con-
says no conviction can be made confessions
unless made in open court. There must be
| sufficient evidence to prove the charge inde-
pendent of any confessions outOf court. And
| it requires two distinct witnesses to prove
each and every act OF treason. Second, con-
spring with slaves TO rebel and make insur
| rection.
The Jury must be satisfied that such conepi-
| racy was done within the State of Virginia
and within the jurisdiction of this Court. If
done in Maryland this Court could not pun
| lsh the act as. also, if done within the
limits of the Armory at Harpers Ferry, it was
not done within the jurisdiction OF this State
| The government of the United States holding
| exclusive jurisdiction within said grounds
| Attorney General Gushing had decided this
point with regard to the AImory grounds at
liarper's Ferry, (Which opinion was read TO
| the Jury owing that persons residing within
the limits of the Armory cannot even be taxed
by Virginia, and that crimes committed with
in the said limits are punishable by the Fed
eral Courts Although the jury may doubt
about the law on this subject, they must give
the prisoner the benefit of that doubt
Upon the third count, that of murder-if it
was committed within the limits of the Ar
| mory this Court has jurisdiction. And,
in the case of Beckman, if killed the rail-
| road bridge, it was committed within the
| State of Maryland, which Stale claims luris-
diction up TO the Armory grounds. Although
| he may be guilty of murder, il must be proven
| wilIful. deliberate, and premedi tated murder,
| to make ii a capital offence. If otherwise,
| the killing was murder ia the second degree,
| punishable by imprisonment. Ii there is any
| doubt on these points, you must give that
| doubt 10 the prisoner. He was satisfied the
| Jury will not allow any outside excitement TO
| affect them. That they Will do their duty
| faithfully and impartaliy.
| Mr. Bolts impressively addressed the jury.
| The case he said, was an unusual one. The
crimes charged Were, in many respects, un-