The Potter journal. [volume] (Coudersport, Pa.) 1857-1872, 1859-11-17

The object of this was to prove that Brown
did not design the taking Of life or any
other act of cruelty except in seif-defence.
/ Two or three witnesses were examined
and others Gid not answer to their names,
the sgbpena rot having been served,
SIr. Brown rose from bis bed and I'D
dressed the Codrt stating that although
Gov. Wise had promised fim fair trial,
il was after all nothing but mockery.
He stated that his money $500 had
been taken from him and that lie had
therefore DO means to employ any one TO
~ eYrands for him or 10 hunt up testi-
mony that the officers had refused to do
their dtty in serving the writs for his
witnesses; shat he had no confidence in
the counsel assiFaad to him by the Court,
and that he wanted postponement of
the Court for few hours 10 give him
time to get his Witnesses. Dir, IIoyt also
spoke asking for time which was refused.
Messrs. Bott and Green, the Virginia
counsel withdrew from the ease.
On the 29th of October, a short time
was given for new counsel for the prison
er who had just arrived, to consult-to
Wit: Saml. Chiffon, Esq, of Washington,
and Henry Griswold of Clearland, Ohio
Mr.. Chiffon made an address to the
Court explanatory of his position. He
was there AZ the earnest solicitation OF his
friends, and being there, he desired to do
his duty as co0nsei for the prisoner, but
this he coulS not do without at least sew
eral hours for e2an lining the case, the law
Indictment. etc He therefore asked for
a delay of 4 f4 hours. But the Court
refused this. fke trial must 60 on. The
examination of witnesses was then resum-
ed, and concluded in the afternoon.
Mr.. Chiffon, foe Che prisoner, rose and
submitted motion that the prosecution
in this case be compelled to elect ore OF
the counts in the indictment and abandon
the others. The Indictment consists of
four counts and is endorsed thus: an in
dictment foS treason, advising and con
spring with slaves and others to rebel
aud for murder. The charge of murder
is laid in two of the counts, the third and
fourth, The charge Of treason is in the
first, and the second charge alleges a
charge different frou. that which Is ell
dOrsed on the back of the indictment.
and which is upon record. The second
count is under the following statute al
free person advise or conspirc with
slave to rebel or make an insurrection, he
shall be punished with death, whether
such rebellion or insurrcction be sue
cessfu or moi" But the second count
Ii th$ indictment IS chat these parties who
are charged BY the sh'dittnlcnc conspireG
together, and, with other persons, to in
ducc certain slaves, the property Of Al
stadt and Washington, to make rebellion
and insurrection.
There is a broad difference between adj
yising aud conspirihg with Saves to rebel
and advising and conspiring with others
to induce slaves to rebel Whether he
was to avail himself of this irrcgularity
by Instructions from the court to the jury
to disregard this second count entirely, or
whether ii would be proper 10 wait unlil
the conclusion Of the trial, and then move
an arrest of judgement, he left TO his
Honor TO decide. He proceeded to argue
the motion that the prosecution bc com
PEELED to elect one count ana abandon an.
other, quoting Archibald's Criminal plead
lag in support of his view. He further
alluded to the hardships which rest upon
the prisoner 70 meet various and direct
charges in the same trial.
From the authority he read it would lie
seen that in case of treason different de-
scriptions of treason could not be united
in the same indictment. High treason
eJuld not be associated with other trea-
son. If an inferior grade If an offence
Of the same character could not be in
cIuded IN sc, arate counts, still less can
an offence of different character. Trca-
son in this country is high treason; trca-
son against the State of Virginia is trea
son against her sovereignty. We have
no other description Of treason, because
treason can only be committed against
sovereignty, whether that OF the United
States or of sovereign State.
He was replied to by Messrs. Harding
and Hunter The Court decided that the
trial must 90 on. The jury had been
charged and sworn to try the prisoner on
the indictment rs drawn. hftcf the III
al the counsel might move for an arre&t
OF judgement.
On Mondy the trial was resumed. Mr..
Gt;swold and Chiffon both addressed the
jury ably and at sorne length. They were
followed by Mr.. Hunter for the prosecu,
tion. The Jury brought in a veriict ot
f" Guilty Of treason, 0dct<iag and con-
spirsng ocih slares to rebel and for mur-
der IN the first degree"