The day book. [volume] (Norfolk, Va.) 1857-1867, 1859-11-03
Mr.. aus7Ea FOR THE PROSECUTION.

other. lie had hoped the counsel for the de-
fence would have omitted to introduce any
outside matter. And to great degree he
mad been grati6ed. One remark he would
ailude to. In the opening speech of the de-
fence this morning, where he had been rep
resented as having drawn picture of the
dlshevelled locks of an alarmed neauty. his
friend chad done some injustice in attribu-
Ting TO nlm design of exciting alarm OF
disturbing the nerves of the people uureas-
oaasiy. de had endeavored to march straight
torward. vita the sole purpose of discharg.
nag duty and procuring the attainment OF
justice In respect to the prisoner. He would
commend Mr.. Grisweld for the testimony he
had borne in the opening of the court, in the
lace of day, and now to be made an item in
the history of the country-that not only
nave the forms of fair trial boon extended
TO the prisoner, but the substance also. That
IN the midst OF all the temptations to the
contrary; in the mi dst OF all the solid rea-
sons that have been urged, why different
COURSE do not mean an irregular course
9 different legal and constitutional course
oy tue Governor of Virginia might have
been pursued, that of declaring marshal Law
and administering "drum head iustice."-.
That the Chief Magistrate has taken high
conservative ground which we. as Virgin
lans, are Justly proud of. That he did not
force this thing beyond what prudence re-
quires OF US, and that in regard to the DOW -.
er, strength, sovereignty and patriotism
OF the Commonwealth Of Virginia, We are
sufficient tor il, come when it may, in what
ever form.
Mr. Hunter then took up the argument re.
specting the charge of treason, which be un-
derstood to be that none but an sttacha OF
the Commonwealth can commit treason
against 1t. That posi- ton he would boldly
deny. Our statute defines treason. 1t is
limited to 40 ptrties. Il does not require
that the offender should be citizen accord
ing to oar system of gogern ment, and the
complicated machinery of the Federal and
State Governments under which we live, In
some respects we are unfortunately bound to
recognize as citizens of Virginia those who
nave proven themselves within our borders
as in this case, and without them as in Others
our deadliest enemies. The Constitution of
TIE United States provides that citizens OF
each State shall be entitled to all the priyi-
tegeS and immunities OF citizens OF the several
States =
Captain Brova came here with immuni-
ties given by the Constitution. Did he come
Invested of the responsibilities belonging to
those immupities2 Let the word treason
mean breach OF trust. Did be not betray
that trust hen nasaoonsent-whic be is
invested when within our borders? By op
GRAFTON OF the Federal Constitution he was
a Citizens when he as here, and did not that
bond Of Union, which may ultimately prove
bad BOND to Us in the South, allow
him to came iuts the bosom OF the Common
wealth With the deadly purpose OF applying
the to7ca to our buildings aud shedding the
b!ood6f our citizens ? But again, our code
dehnfs who are citizens OF Virginia, All
tree White persons born in any other State
OF tis Union who may become residents are
citizens Of this State.
The evidence in this case shows that there
il 40 shadow of question that when this man
came to Virginia and planted his feet in
darper's Ferry, he came to reside there and
notda place OF residence permanently =
True, be occupied farm four or five miles
on IN Maryland short time since, but not
TOR the legitimate purpose of establishing
domocile there. 1t was for the netarious
aud healish pHrpose-to rally forces to in
vade THIS Commonwealth, land establish him
self at Harper's Ferry as a starting point for
nsw goverement. Whatever it was wheth
err tragical or farcical, aid ridiculous as his
counsel have presented it, his conduct show
ed 1t, II his declarations are insufficient, that
IL was not alone for the purpose of carrying
on slaves that he came there. His Proyis-
Ional Government was a real thing, and ne
debating society, as his counsel would have
us believe; and holding Office under it and
executing Its functions, he was clearly gull
ty OF treason.
Now as the charge of conspiring with
slaves to rebel, the law says the prisoners
are equally guilty whether instruction is
made or not advice may be given by actions
as well as words. When yoa put spikes in
toe hands OF slaves and have their masters
taken captive, that is advice to the slaves to
rebel and is punishable with death. The law
does not require positive evidence, but only
enough to remove every reasonable doubt as
to the guilt of a party. Sometimes circum-
stanciai evidence Is the strongest kind. for
witnesses may perjure themselves or be mis-
taken. 49,.
The defence say they don't know who
killed the negro, Haywood. That Brown did
not do 1t because there was no object for
his doiRg So But that it was dark and the
supposition is that Haywood was killed by
mistake. They say Brown shot no armed
men; but Beckman was killed when unarm-
ed, and he therefore thought the whole case
had been proved mass of argument. With
regard the question of maIice-the law was
that II any party perpetrated felony and
undesignedly takes lite it is conclusive proof
OF malice
1t Brown was only intending to steal ne
= WV "AA 81 uOAh5 lhdL tOUh HE IL WAS mar
der with malice prepense. So the law ex-
pressiy lays down that killing committed in
resisting officers in attempting to quell
riot or to arreSt the perpetrator OF a crimi.
nal offence, is murder in the first degree. -
Then what need of all this clay to prove
that Brown treated his prisoners with leni-
ency and did not want to shed blood. Brown
wanted the citizens of Virginia to calmly
toio taeir arms and let him usurp the gov
eminent, manumit our slaves, copfiscate the
property OF Shareholders, and without draw
lag trigger or shedding blood permit him
to take POSSESSION of the Commonwealth
and make it another Hayti.
, Such aA idea was abhorreat to pursue. So
too, toe idea that Brown shed blood only in
sen defence 1t was too absurd to require ar
gument, he gloned ia coming here TO VIC
late our LAWS. He says he had counted the
risk and knew what he was about and was
ready to abide the consequences. That