Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1859-11-04
Delalnare Uazetfe.
a. TH oMsoN, Editor
Delaware, nov. Z, 8 5
TRIAL or TIE INsURRECTIo4g-

urdav, in consequence of a short address TO the
Court by Brown, in which he expressed dis
satisfaction with their management Of his case
Previous to that a Mr.. Hnvt. of Boston. had
arrived and qualified as one of his counsel, and
the same evening Hon. Hiram Grisweld. OF
Cleveland. and Mr.. Chiffon of Washington
City, arrived aud joined in the defence. The
Court. although evineing a disposition 10 give
the prisoner "a fair trial. persisted in refusing
TO postpone the case on any consideration. and
the counsel for the defense therefore labored
under great disadvantage, having no time for
preparation. .-a .-
Throughout the trial Brown maintained the
calm and fearless bearing that he evineed in
the early stages Of the affair, as well as after
his capture, and for which he was admired and
eulogized by Coz. Wise and, all who came in
contact with him. In the early stages of the
trial a despatch Was sent from Akron in this
State, near which place he formerly resided
stating thai insanity is hereditary III his fam
iY Illl 4istliiiDH u His -4CldttfNo VIM
had been, and some Of whom are still insane !;
but Brown instructed his counsel not to put
in the plea of insanity in his behalf, The on
II EVIDENCE Offered for the defence was That
of a number of citizens, whom he had eaptur-
ed and held as prisoners, all of whom testified
that he treated them with great kindness and
- - ,:aal - ,oJ,14.x.an = - E1I.xl
blood, The points relied upon by The de
tence-and which were urged with great
force by Gen. Grisw0ld in his able speech to
the jury, and upon which an arrest of judg-
ment was asked, but the motion overruled by
the Court-are embraced in the following
sketch of the opening address of Mr.. Green:
Mr.. Green. on the part of the prisoner,
gave the law applicable to the ease, and re-
minded the jury that they are judges of law
and fac4 and if they have any doubt as to
the law or fact of the guilt of this prisoner,
they are. 10 give the prisoner the benefit of such
doubt. In the first count, treason, it must be
proved that he attempted to establish a sep
arate and distinct government. and must also
be proved what was the purpose of treasona-
bic acts before YOU can convict him on those
charges. Ifit is intended to rely on his con-
| fession to prove treason, tie law distinctly say,
7 that no conviction can be made on confession,
uuless made in open court there must be spf-
ficients cvid to prove. the charge independ-
eut of confession out of court, and it requires
twoadistinet witnesses to prove each and any
act of treason. aaE ba ay 81
Second count, conspiracy with slaves to
rebel ana make InsuTreCILA se !~~'' mrs
be satisfied that such conspiracy was done
within the State of Virginia, and within the
jurisdiction of thia-Geaxt IF dome in Mary
land this Gourt could not punish the act. and
if done within the limits of the arInory at
Harper's Ferry it was not. Attorney General
Gushing had decided this point with regard TO
the armory grounds at Eiarper's Ferry, which
opinion was read to the Jury. showing that
persons residing in the limits of the arnaoly cam
not even be taxed by Virginia. and that crimes
committed within said limits are punishable
by the Federal Courts and although the Jury
! NAV have a doubt about the law on this sub
Jet, they mast give The prisoner the benefit Of
that doubt. ~ iT
Upon the last count, that of murder, the
crime committed within the limits of the ar
mory, this Court has no jurisdiction, and so as
in the case Of Beckham, as it was committed
on the railroad bridget was committed with
in tie State Of Maryland, which State claims
jurisdiction up to the armory grounds. Al
though he may be guilty OF murder, it must
be proved that it was wilful, deliberate and
prcmeditated murder to make it Il capital of
Tense if otherwise, the killing was murder in
the second degree, punishable by imprisonment,
If there is any doubt on these points, you
must give that doubt to the prisoner. He
was satisfied that the the jury will not allow
any outside excitement effect them-that they
will do their duty faithfully and impartially."
The finale we give at length. as reported in
the following despatch, dated Charlestown,
Va, Nov, 2:
Brown was then brought into the Court
House which WAS immensely thronged. The
Court gave its decision Oh motion to arrest
Judgment overriding the objections made. On
the objection that treason cannot be commit
ted against a state except by a citizen, it ruled
that wherever allegiance was due trt ason may
be committed. Most of the States have. pass
cd laws against treason. Objections as to the
form of verdict rendered were also regarded as
insufficient. The clerk then asked Brown
whether he had anything to say why the sen
tence should not be pronounced, when Brown
stood up and in a clear and distinct voice said:
l have, may it ples Sc the Court, a few words
to say. in the first place | deny everything
but what have admitted-tho design on my
part to free slaves. I intended certainly to
have made O clean thing of this matter as | did
last winter when | went into Missouri, and
there took s!aTes without the swapping of a gun
on either side, and moved them through the
country aud finally left them in Canada. Ide-
signed to have lone the same thing again on
a larger scale that was all | intended. /
never did intend to commit murder or treason,
or to destroy property, or excite, or incite slaves
to rebellion, and to make an Instruction. ]
have annotheF objection. and that is, it is un-
just that should suffer such a penalty; had ] |
interfered IN the manner which / admit, and
which | admit has been fairly proved-for /
admire the truthfullncss and candor of the
greater portion of the witnesses which have tes-
fitted i'll this case-had / so interfered in be-
half of the rich, the powerful, the intelligent,
tie so-cal'cd great, or in behalf of their friends.
either father, mother, brother, sister, wife or
children, or any of that class, and suffered and
sacrificed what I have in this interference, it
would have been all right. Every man in this
Court would have deemed it an act worthy of
rather than punishment This Court
acknowledges. as l suppose, the validity ofthe
Of Col I sec a book kissed here which |
suppose 10 be a Bible, or at least the New
Testament. That teaches me that all things
whatsoever l would that men should do to ME
| should do even so to them, 1t teaches me
further to remember them that are in bonds as
bound with them. | endeavorcd to act up to
that instruction.