The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-11-02
Nifhmona Qispatcb.
WEDNESDAY MORNING NOV ,,,,',,sS, . 1850
TRIAL OF JOHN nnow WV
CONVICTION OF THE PRISONER.
Argument OF Counsel.-yerd,cto Of the y,.
Guilty of Treason and Murder ya,i
TOR Arrest of JudSment--TriaI Of Coppce
Commenced.
| II + 7 II II AG.
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and its approaches were densely crowded
orRSfNG FOR THE DEFENCE
Nr GrIswolG opened for the defence. taking
up the several charges of the indictment and
replying 10 The points made in the opening ar
gument of the prosecution. He alluded 10
the peculiar circums tanceS surrounding the
present case and hoped The jury would give
II their cain and dISpaSsionate attention di.
VeStiug as far rs possible, their minds from
ali prejudice, and dtsregarding outside intlu-
cHcrS. The prisoner was entitled To an i'm
partial trial under the laws of VirrinIa and
let him he acquitted or convicted according to
those laws and the evidence given in the case
With regard 10 the charge oftrsason hrought
against the prisoner, Mr Griswold argued that
Brown could not be guilty of treason as he
was not citizen of tue Commo wealth and
none but citizen of the Commonwealth could
commit treasoni never having sworn allegiance
10 Virginia, he co0ld not he Il rebel arainst her
anihorliN. lie was also charged with leyying
war against the State bar the evidence given
did not support the charge There was 4 great
difference between ieyying war and resisting
authority. Men congregate together to perpe-
trate crime and have their ruIes and regula-
tiou>, and when assailed they defend their lives
10 The utmost-saCrifCing and intending 10
sacrifice the lives OF Others, but tha was resist
ance. not ieyFing war. lie would not shrink
from the admission, and the prisoner openly
admitted II, that these men came for the pur-
pose drumming away slaves. That was the
crIne under the laws OF Virginia for which
the prisoner was aInenable 20 punishment to
the extent Of those laws. In carry ing out that
purpose he temporarily took possession of the
arsenal ii Hurper's Ferry, and while there at
jemutS were made 70 arrest him. Mr.. Girls
void had no complaint 10 maze about that,
but II was in resisting those attempts that
this blood was shed ana lives taken, aud not
in ievying war against the Commonwealth. Il
was resis ting hat which was claimed TO be
the legal authority Of Virginia seeking 10 ar
rest those men assembled in violation of law.
Such things have often happened. Jails have
hT1kpD thence
executed in defiance ct law. after being aCQuit-
ted by 4 Jury Of their cOpnirvmeI. and the
power Of The Sheriff trampled under foot
Neither does 1t necessarily constitute leVyiug
war if murder eusues. because the commission
OF the offence. or shedding of blood, may not
have been Conten plated. IT is said here was
an organized movement. and 4 pamphlet is re-
terrFG - - evidence OF that fact; but ii does
not necessarily follow that the overthrow OF
the Commonwealth Of Virginia was contem-
plated by anything that appeared in that book.
The most harmless organizations i'll the coun-
try have been created with all the outside
forms and machinery Of government. In de-
batting societies governments haVe been es-
tabliShed. 4 congress created. resolutions and
laws discussed; and any one reading the bull
irtlus Of these associations, and knowing
nothing about them, would suppose them nin-
jjture governments, organized within the
limits OF existing governments No matter
what names, what officers they may have that
of Itself is Eot sufficient. Bands OF robbers or
desperadoes have their rules and regulations,
their officers, and they have prescribed death
as = punishment I0r the violation of their
avs but that does not imply tha they con-
template The overthrow OF The legitimate gov
ernment. Il is only IN associat lion and gov
ernment 10 control themselves in their inter-
course will each other.
He further argued that the Jury could not
find Captain Brown guilty of treason unless
they find HIM guilty OF dSsociating with others
10 organize n government 10 subyert and over
throw the government of Virginia. Butif the
implicit proved anything, il shows that the
attempt WAS 10 organize a government in op-
position 10 the government of the United
States and not Of Virginia, for all the terms
used, and all officers appointed, nave reference
TO a government like that Of the L nited States.
But il was in vague, unmeaning language,
which really proves nothing at all.
However. there was 4 clause in il which
must lie taken Tor it was all in evidence ma
king a distinct and positive statement that it
contemplated no overthrow Of the general or
State governments, but simply amendment
and repeal OF obnoxious laws in q Consttu-
tional manner.
The learned attorney who opened the case
seemed to omit this ground ntirely. Not even
going over the evidence, 10 show wherein this
treason was proved, he said the prisoner was
guilty of giving aid and comfort 10 the enc
mics CT the Common wealth, and tnat was the
only specification he made, charging the de-
feDdant with treason. He was not surprised
70 hear that gentleman burst forth in such
sublime ap0Strophe to freedom in terms and
language and with an nc lion OF such sur
passing el0quence that no one need be told
he had received his inspiration in the land
that urns the ashes OF Patrick henry
He alluded also TO the distinguished associate
for the prosecution, who had brought into his
remarks the GisheYelled tresseS of Il frightened
beauty, ana he proceeded to discuss the charge
OF c0nspirtng with slaves. He said there was
manifest distinction between an effort 10
run of slaves or steal slaves and conspiring
To induce them TO rebel. Rebellion and insur-
rection was rising up, not TO run away, al
uph freedom Ia
but u rising up against their masters, against
the whites, against The State. Ii contemplafes
rapine, murder, arson, ana all crimes which
follow an insurrection, more especially q SER
vile insuTrection.
The question was as TO the object and Item
ton of the parties Has any man ties titled
aueht going to show that Brown or any one
W lh him said or did one thing to induce any
slaves TO rise in rebellion, or perpetrate any
offence ont of which rebellion grows Slaves
were taken possession of for Il temporary pur-
pose and placed in the arsenal, but Col. Wash
ington who knew more about it than any
other witness testified that not a slave took
part in the matter except Phil, who, at the
sugges lion of the prisoner, attempted TO drill
Portfolios in the engine house. That was not
done for the purpose OF inSurrectlon or re-
belIion. but to protect themselves. True they
wei q engaged in an unlawful act but 1t was
not the act charged. They were amenable TO
punishment, but not as indicated. They are
punishable in some ways, but not AS charged.
Here the counsel proceeded 10 consider the
count charging murder in the Erst degree
This was a crime involving premedlated
murder but he argued that no such malice had
been shown. First, haywood was kItied-
How il happened nobody knows. 1t was
done in the dark. Whether it was accidental
or an intentional killing gdoes not appearin the
evidence, or by whom il was committed. Per-
ha ps these men were guilty of that killing in
some form, but it was not proved TO be muir
der la The first degree, or from deliberate pre-
meditated malice. He could only say, as
T.. a GiNnt
negro; that was not our object" lie did not
justify these men in staying there and resist
ing the authority of the country, but he said
they Were there protecting themselves from
arrest. Guns were fired in all directions, and
they fired, or intended TO fire, only on armed
men. Without excusing that conduct for one
moment, he would remark that il reiuted the
idea of premedltated malice. They had not
time for the thought and reflection which the
law contempia tes--not that he would say
these men should be allowed TO come within the
Common wealth of Virginia, perpetrate these
crimes and go unWhipt OF justice-but charge
aud convict them according To their own law.
Virginia has laws and institutions sufficient
for her protection. and she has thrown over
the lives of her citizens every safeguard that
she deems necessary and essential. She has
made laws necessary for the protection of pro-
perty and the punishment of those whe de-
prye owners of IL. 1t is the boast or our
institutions that no man can be punlshed
beyond what the law requires, ana, III the law
is NOT severe enough, within the Legislature
rests the proper remedy. Capt Brown knew
he committing an offence against the laws
for the protection of slave property. lie mas
repeatedly confessed ii, and is willing 10 abide
the consequences; but indict him for that Of
fence, and don't convict him OF an onenee ne
never dreamed of committing. Nothing IN the
circumstances surrounding this case demands
such course OF procedure. The public safety
does not require him TO be punished contrary
to law. Ii a man of the indomitabie energy
aud perseverance, OF Capt. Brown could be en-
gagged for five months prosecuting such an en-
and nIY L. III