Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-11-04

that the evidence In this case does not sustain u'-
charge. The prisoners condaci Ia the engine house
showed ,ha, there was no malice, according to the tes;i-
mony Of Colonel Washington and Mr. A!Istadt. However
ridiculous hi. project. which. it would >cem. could never
,Ir.yr entered The mind II a sane MAJ. lac might ,tI!
have believed he could carry "ut that project without
hI,nI.hcJ 4, amy rate. no zane rlan could suppose lie
.y,.r,rt. with a handful of men. 10 accomplish the oh
i.rt by force, and Il j. but fir IL tax" his dcciaraii"i.-,
r.pccialIy when coupled with his acts HAT he dd not
intend 10 shed blood except In srii.dcicncer unless you
.hnuId believe. beyond ihe slightest doubt, i"A' Thee
declarations were untrue. ard the prisoner actutird y!
malice In taking the live al those VIII" never h' ni'"
harm. and against whom there wa. L" '1't - - -
A., 10 IIrywarl. there Wa. no proof h"" he met h' "'vih'
~ who kiilrd lin, or what cause. And q ny "''''
had remarked, ilr prisoner had 40 ihotiFr 10 NJ - ~.
The subsequent conflict resulted in u loss "i NE '"' '"p
prisoner rndcayorri to avoid that conflict for the purp''E
O! saving life. AMI. therefore, could not have been attn'.t"
Lv .raGr. which |, necessary TO cousiita'c murder 10 III"
frst decree. Even II The prisoner Va, guilty "t murder ~
IN. sccnnd degree. or nan.laC.h:cI. Yet iha; was h"t i
! capltaI crime. and not the crime charge ID The inI't,"'i''
liz did not know but tina; Captain Brown was !"''i''t j." !
turning fire, when he was fired upon under s"''' =, ''iIr
stances II wa. i sort II srli-lci,Hce, and yer! pt'oihs
had = little more time been allowed, thee" men ,""U' NAV
been taken into custody without ius. Of We. lie rth'tst'
the Jury Ia look On this case, ~ far ~ tho law ""1,' ''.'"'
with an eye favorable 10 the prisoner; and sheh ,,'r :
diet should be returned. no matter what 1t hii.ht ne n'
trusted every man in this community would a'T''i,'' ~ ~,
Unless the majesty q! I'll" las ".s SUPPORTED i ~ 'n'' mt
| cf the Union must soon rEsu" aud l!thr rN!!' when "uu''
necessarily follow in it, train.
MIR Hunter now arose 10 close III, argument Tor the pro-
secr'ion. lie said he proposed to argue ;hi' case rt't''rt'
liz any other. lie had hoped the c"u"s,i for the de'ehcT
wOulL have omitted 10 Introduce AIRY outside matter. wa
Ia u EEfi' '-lf' III ibb ~" 49,
v0ull aiiulr To. la the upriin: speech 81 tr defence 'ts
morning, where he had been represented n halii- Gt'""
. picture of tile di-hcyeIri locSs of hn alarmed beauty t'
friend had done zone injustice Ia aii;iDh'inr 20 nun " "'.
! ,i.n 81 rNciiin. alarm or d:-'urhin. ~" nerves -! he ir'i"'
uusca.ouably. lie had .'nlray"rei t" march 'lr''-'' !
ward wish ~. sole pprp".r Of dischar -nc u iu'y "n! pro-
curing The attainment 81 justice IA respect To TIE it''','';
! lie uouIl commend MIR. Grisw"li for the testimony he hAi
( irruc In tire uIirIiIg %; tie cpHri, IA ~" lace" ~ '"N' W.
! MOI. To- be made 81. item in the history Of the coh"fFF 'h''
lni Only have the forms OF 4 fair :riil been cNtrHioi 10 10,
Z ,ri.ou.r hut H., substance al,n. That IN tl" M!d,' 70! an
2 IL. tt,,, a ipt-F q. he. contrary. in the ...i~t d. az tE SUM
reasons iha: have been urged why u tifcrr"i '"ni't-' "'
no. mean an irregular coGrsr-a Gilcr'hi irsA! ana COZ
-iliut,r nal cOursr Is thc GuyrrU0r 81 virginia H!-hl nave
been pursued: that Of declaring Martial Law; as" 'i'ii,,'
trtiu. &" .IuuurlirdI Justice That The Chief NiIEIstrti' EA'
;a..m hisn conservative ground. which We. a. 'it:n".i>.
are justly proud 81. That h" d! not force ihi' ihi"i De.
yuuI what rrI!cncr require OF: ~. aTl Hat ~ regard ~
ilc power. strength. Sovereignty and patriotism "' ne
Commonwealth "i lirrIuIa, W. AT" snii'i'it or H. S""'t
WHEN i may. in whatever :oTII.
lie proceeded TO remove the objections That mi.h' have
l,,pu Iradr AZ 10 the power Of thi- court iu try the cast,
foan..l on the piic" where the oicnc" TI. committed. u
49, hardly necessary {" show that II WI, Hith!" Tue count
I oiJrfgrrson and within the jurisdiction " This court. There
va. /, ,ay In virginia ,IrcIarin the bound, 81 the Common
( wealth. maxim. the Potomac iiyrf the boUn'iaT! between
| Maryland and Virginia. and giving either Of The >iaies pow
rr., Is q plain compact. to execute - criminal process 10
the Etr'he,. bank. Iirr.r matters which are contained ia
thr code 60! Virginia, it Wa unnecessary TO prove Icy va
nr,srs. The Jury could read the code FOR themselves. Ah-
other law d%,iin'dthr iia.t, 81 J"'I"r.on county showing
tia, y embraced the locality where ;h..c event. occurred,
aGi giving Jurisdiction I" 'his court.
II so. hIn;ri in tho preliminary s;a:r %: the proceeding.
and an a,icmp, made to argue that the United sta'r- held
,Nrlu.iyc jurisdiction over the Arno5y grounds. But no"
sir,.- va, laid Oh that point, hccau.c ~ one murder out %
the four live, taken was committed on The ArIh0Ty If"uiti'
Mr.. Hunter then took MP 'mr argument respecting thr
charge "l treason, which he understood To hc 'hai none b"'
an aiiachr- n: the Commons" alth can commit treason
again: it. Thai: position hr would broadly deny. our
statute define, treason: lti' limited To no pAriir'. II doe,
not require that tie oH-uGrr should be- a "i'ihtn according
20 our system OF government, ana III" c"h'lLc"r.h nt
clinery 81 he Federal ami stat" Governments under which
w. live. In some respects W. are unfortunately bound u"
recognize a, citizen, OF virginia ;!",y Who have rro'"h
themselves wiihia our h"r'irE- - IN tbs raSr, ana without
them - in others our i"at':r,i riirinlr,: me I"i',"',l."
ol the United sia;t' rroNidc. th"t ''i'Aea' y! tA'h Slt.v
shall hr entitled to al TIN" privileges ana 'miW!i"'"' "' ''i'
zri. o! H.. .""cfal state.
CAPTAIN Brown came here vi h imnuniii.s giH"a hy the
Constitution. Did lie come iiye-ici Of the re-. possibilities
belonging ~ hose iMmGii;ir>. " 1.-THE word treason mean
reach II trust. Did he not T., tray that rrr.t irru-yhei.i
col,cut-Uiih which he invested! "hrU within our borders
py the operation Of The Federal Constitution lie vas a c'i'
zen when ~ ~. here, and Jill that bond u: union, which
may ultimately prove a bad bond 10 ~ ia u" south. allow
him in COM into the bosom OF the CoInTonwcalih T!'t The
deadly rurpo.- 81 applying the torch To our buildings hri
shedding the blood %; our citizens: hui again, our t"ac
define, who are citizens " Virginia. 81! free Wilt" persons
born i'm any other state 81 this IUnH. VITO may hcc"nl" To-
.iGcur. here are citizen. %. this STATE.
The ryiicnc. in this rts" shows that Here = no shade"
Of question that when This man C.n"c - Virginia ANA p'aht
Ell h. feet ia iiaFprr's Ferry, hr came TO rt-ie there hmd
hold 4 plarr 81 residence permanently. True, he occupied
A farm four or five miles or IN Maryland = .hor; tin" since,
bat not for the legitimate purpose 81 establishing i '!"iniIi
rl.yr. IL wa. for a nclaiiuu- and hciiish purpo.c-io rally
forces 90 invade this Commonwealth and establish himself
4; IIarprr's Ferry rs 4 starting point for q uc" govern.
mcui. Whatever II va, whether irarirai or iarcic"i, ana
RIDICULOUS a. Il> tOltStl nave lltNtib'i ~ A' N''i'"'N
showcdi,. IL Iii declarations wer" insufficient, MAT u was
not alone :Ur the purpose Of carrying OIL slaves ,hdt h'
came there. His Provisional! Government wa, u rrai hing.
AMI no G"haiin. society. ~ IL counsel would hH'c Us hr'
iievr: AMI in holding Office under II and executing H. f"'c'
tons h. wS- clearly guilty Of Treason.
Tkr 10Th section has been referred 20 a. >h"StrG II ~ rot
reasonable but liz supposed that meant that the Ne" too
y.GHmcni wa To- hr - union Of the separate Siti"' liz" the
prr-rri. with the difference that all were 10 hc free states.
The whole Iocuncn, must be taken together. Tie property
of shareholders was 10 be cCui.ca'ci all over ihe south.
and any man found ia arms was TO he shot down. Their
.,,I, o.. Iurf,.'. tIrry lhnl,l TX. Ii slf..I lUt her -
was To-" much method in browns madness. Ills iirToseS
we're too well naiarci. And he aad his party Geclarrdt!"fr
were thousand. IN thu North ready 'oj"n them.
While the jury are to TAX" tie whole deciaF'iio" Of t'r
Law the hooks expressly declare that they may reject, II
they see good cau," 70 10 30, that which would eNie"t'i"
the guilt II \ prisoner, they are not bound to belle" II
they are bound TO consider i. That all.
Now ~ 10 the charge Of consp!rim= with slaves 90 rebel,
the law says III" prisoners az equally guilty. whether IL
.nrcc:ion i made or mv.. advice mag be- given 10y actions
a. we'll ~ words. When you put pike. IN ~. hah.>"
10 the slaves TO rebel and l. punishable will, death. The
law does not require positive evidence hu: only enough 10
remove every reasonable dlit rs to tie guilt of a party. !
Sometimes circum,;aEiial evidence is the strongest ":'i'
for witnesses may PcrJUrc Themselves, or 10" mistaken.
The defence .ay they don't know who Killed t'r' negro.
Haywood. That Brown dl not do II because there wa ~"
object COR !oirg 30. Iut that it was dark, AMI The 'Hlpo'''
lion /, that Haywood va, Killed by rjstt.". They say
Brown .hOt no armed men. hut EeCklam vas Eiliei uhcn
unarrch, and, BE- therefore thought ne whole case ha"
been proved by q mass Of aicumcn'. With regard 10 The
question o! m'!ir.-tir law wGs that II 4 parry petptifa-
ted u ir!only AMI unfc-gne'ly takes lie 1t l. conclusive
proof IL malice.
II Erown wa, only intending 30 teal negroes and il +n-
ing tia! .ool lite ii was murder wiki malice prrprE.". ;"
Tie law ,xr:c.-Iy lay. down. that killing committed IN re-.
Si,iiu: officer IL attempting 10 pICil = riot or :" arrest The
pcrre,rl,rr Of a criuinal offence, i murder in the first de-
gree. Then What iced Of all ibis delay to prove that Brown
treated his prisoners with lenicncy AMI did not want I" she'd
blood. brown wanted the citizens 81 Virginia calmly ~
fold their arm and let him usurP the government, m'nGih',
our slave, con!,cai" the property OF >!aErh"'".ti' "."
without drawing ! trigger "r shedding blood permit lin !"
take possession ~ the Commonwealth and make Il another
such an idea va. aihorrcu, to pursue. 80 too, the ilca