The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-11-01
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Trial of the Virginia InsurrectiOnists.
CHARLHsrowY, VA, October 81.

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proving. He laid on the bed as usual The
Courthouse and its approaches were densely
crowded. Mr.. Griswold opened for the de-
fense, taking up the several charges Of the in
dictment, replying to the points made in the
opening argument Of the prosecution. He al
luded to the peculiar circumstances surround
ing the present caso and hoped the jury would
| give il a calm and dispassionate attention, di-
recting as far as possible, their minds FROM all
prejudice and disregarding outside influences.
Let the prisoner have an impartial trial under
the laws of Virginia, and let him be acquitted
or convicted according to these laws and the
evidence given in the case.
| With regard to the charge Of treason brought
agains. tho prisoner, Mr.. Griswold argued that
Brown could not be guilty of treason, as he
was not citizen of this Commonwealth, and
none hut citizen Of this Commonwealth could
commit treason; never having sworn allegiance
to Virginia, he could not be a rebel against her
| authority.
He was also charged with levying war
against the State, but the evidence given did
not support the charge There was q great
difference between.levying war and resisting
| authority by men who arc congregated together
to perpetrate crime, and have their rules and
regulations; VIXEN they are assailed they defend
| themselves to the utmost, sacrificing their own
and intending to sacrifice the lives Of others;
but that is resisting, not levying, war. He
| would not shrink from the admission, and the
! prisoners had openly admitted 1t, that tneie
men came for the purpose of running away
slaves; that was a crime under the laws Of
Virginia for which the prisoner was amendable
for punishment to the extent of these laws in
carrying out that purpose.
He temporarily took possession of the Arsenal
at Harper's Ferry, while these Attempts were
made to arrest him. Mr.. Griswold had no
attempt to make about that, butit was resist
ing these attempts that this blood was shed
and the lives taken, and not in levyng war
against tho Commonwealth of Virginia. 1t
was in resisting that which was claimed to be
the legal authority of Virginia, seeking to ar
rest these mon assembled in violation of law.
Such things have often happened. Jails have
| been broken open and men taken thence and
executed in defiance Of law, after being ac-
| quilted by jury of their country men, and the
power Of tho Sheriff trampled under foot; nsi-
ther does it constitute the levying of war if
murder ensued, because the commission of the
offense of shedding blood may not have been
contemplated.
1t is said there was an organized Govern
ment; pamphlet Is referred to as evidence of
that fact, but it does not necessarily follow that
the overthrow of the Commonwealth of Vir-
gina was contemplated by anything that ap-
peared in that book tho most harmless organ
ization in the country have been created with
all the outside forms and machinery of gov
ernment In debating societies governments
have been established, Congress elected and
laws discussed, and any one reading the bulIe-
tin Of these associations and knowing nothing
about them, would suppose them miniature
governments organized within the limits of the
existing government. No matter what Names
what officers they may have, that of itself is not
sufficient. Bands of robbers OF desperadoes
have their rules and regulations, their officers,
| and prescribe death as tho pun ishment for
violation of their laws, but that does not imply
| that they contemplate overthrow of the legiti.
mate government.
It 10 only an association or government to
control themselves in their intercourse with
each other. He further argued that the jury
could not find Brown guilty of treason unless
| they find him guilty Of associatipg with 9TH
ers to organize a government to subvert and
overthrow the government OF Virginia; but if
| the pamphlet proves anything, it shows that
an attempt was made to organize govern
ment in opposition to the United States, and
| not Virginia, for all the tools used all the
officers appointed, have reference to a gov
ernment like that of the United States, but
it was vague, unmeaning language, which
really proves nothing at all. However,
there was clause in it which must be taken,
for it was all in evidence.
| He referred to the distinct and positive state
| ment that it contemplated no overthrow
of the State Government, but simply the
amendment and repeal of obnoxious laws in a
Constitutional manner. The learned attorney
| who opened the case seemed to occupy the
ground entirely, not even giving over the evil
| dence wherein the treason was proved. He
| said the prisoner was guilty Of giving aid and
comfort to the enemies of the Commonwealth,
and that was the only specification he made,
charging the defendant with treason. he was
surprised to hear that Government burst forth
in such sublime apostrophe to freedom in
terms and language, and with action of such
surprising eloquence that no one be told that
he received inspiration in the land that urns
the ashes Of Patrick Henry. He alluded to his
distinguished associate forthe prosecution who
had brought into his remarks the disheyeled
tresses Of frightened beauty.
He proceeded to consider the charge Of con-
spring with slaves. He said there was mani
fest distinction between the effort to run off slaves
or start slaves, and conspiring to induce them
to rebel. Rebellion and insurrection was ris-
ing up, not to run away, although freedom
! might be the ultimate object, but rising up
I against the masters, against the whites, against
! the State-it oontemplates riot, rapine, mur-
; der, arson, and all the crimes which follow in
| surrection.
And more especially servie insurrection, the
question was as to the subject and intention.
Has any man testified aught going to show
that Brown or any one with him said or did
one thing to induce any slaves to rise in re-
bellion, or perpstrate out of which rebellion
grows. The slaves were taken possession of
for temporary purpose, and placed In the
arsenal. Colonel Washington, who knew more
about it than any other witness, testified that
not slave took part in the matter, except
Phil, who, at the suggestion of the prisoner,
| attempted to drill port hole, and that was not
done for the purpose of insurreotion and re-
l bellion, but for protection. True, they were
| engaged In an unlawful act, but not the act
| charged; they are amendabe to punishment,
but not as indicted; they are punishable in
| some way, but not as charged.
There's is not capital ofense.
He here proceeded to consider the Court
charging murder in the first degree. This was
crime involving premeditated murder, but he
argued that no such material had been shown.
First Haywood was killed; how it happened
nobody knows; 1t was done in the dark, whether
by accident or intention docs not appear in the
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