, 1859-11-01
~BY TELEGRAPH.
tbs TRIAL CT Cant. Johp Brown.

4Ar AHAfA ANO&H A0O hS HTtl2AG0E9 ntA- !
ienssls crowded. Mr. Gri.wold opcnci for TIE !
!essnse, taking up tho several charges Of IN:
indictment, replying to the points made in Tue !
rprnluR argument Of the prosecution. lie nt!E-
lied TO the peculiar circumstances snrroundin,
tue present cu>e and hul,ed tie jury would give |
IL calm aud 1s-pa>sionate attention. DTes''
lug as Tar ~ possible their minds from a'l preju-
dice, aud diareSSrding outside inaaeuces, III
tbs p.isoncr b ave an impartial trial under tEe
lavs af Virginia, md lc. him be acquitted cr
convicted Accot ding TO those laws and the eyi-
dsuce g.ven in the Gaze. With regard to tbs
cnarxs Of treason brought against the prisoner.
Nr. G. argued tnat brown could not be guilty
Of srcasoa. as he was mol a citizen Of this Com
monweAtih. and none but 4 ciiizen Of tue Com
u.ou wealth could commit treason. Never hlv-
Ing sworn allegiance 10 Virgins. he could prs
b. rebel rs Ainst her authority.
He was aiso charged with lesyinx war ngairss
he Stale. but ihs eridrnco given did not SUI
port the cnArEe. There wa, u great d1neFeHct
b-tsesn teryinc war and resisting authority ~
man who are congreG4,ed together 10 perpetraec
criule, aud hare tller rules and regutallons
wien thry n,e assailed. They defend their!
livs4 to the utmost, sacrificing their own ani
intending 10 sacrifice tle ltses Of ethefs' LII
thai il ie.iAsin1, not leEying war.
He would not shrink Ironl the admission, ami
the psi,oper lad o,eulv admitted it, that thbsr
men game for tbc purpose ot running away
slaves. TlIat WAS crtfno uateF Tue laws II
Virginia, tor Which tic prisoner was nnsHer.t-
bic to punishment to thu extent Of those laws.
In catrslng ont that purpose, he teu,ptrar11v
took possession Of lie Arsenal at Harper
Ferry. md wh;lc there attempts were 1nadc 10
arrest him.
sir. u had no complaint to make about that,
but it ~ss in ra-isting these attempts that this
bloud Is shed nud tie liscs taken, md not ii
leryiuc war against the State. II WIS in resist.
ing that which was claimed 10 he the legal oil.
thority Of seeking 10 arrest these men in viola-
.ion OF lar. sshica thing. Auyc otlen happened.
Jails haFo been broken open and men take"
thence aud executed in defiance Of law after
being acquitted oy jury of tltir conntfyn's":
uuder foot. Neither does it cons,i-
tute the lersins Of war it murder eusucs,
because tue commission Of the offence Of %he1
ding blood mar not iasc bt on contemplated
Il is saul there Was IN organized government;
I. panphlr. in reIenel 10 as evidence OF tl.aE
orcs,hros Of tho Commonwealth Of Virginia
wus contemplated by any Thing That appeass1
in that bnoE. The llosi harmless orgAntz ~ttons
In &he country have been cseited with all tic
outside forms and machnery of government.
10 ;,cbAlins Societies governments have been
established. Eongres@ enacted RESOLUTIONS aud
lass. DISCUSSED them, and any one rending ttc
bulletin Of theee associations, knoa1 ing nos!Iing
about them, would suppose them miniature gov
e1nEtuts, urganiz.d within the limits OF the e1-
34tiux governulr,.l; no master what nantes, OF
what udicert thrg mas hase, that Of ilset is not
haTs tts,r yu..s and regulations anil their off.
Gers, and prescribe deall rs the punishment l"r
violation Of their laws; but iLAt lun't imply
that they contemplate Tue overthrow OF tho H.
gitisuate government. It i only Hi association
Or Gorernuent to conlEo, themselves in tteir i'll
that the jury could not find Brown guilty
OF trclsou unless they find him guilty
Of asssclasiug viii others TO orEan'zt
government to subrert and overthrow the
government Of FIrgiaia; but it the pamphlet
proves anything, it shows that n attempt wis
made to organize guFermebt in opD0Stti0n 10
that uf thu Uu1ted States aud not oE Virginia.
Tor nli the officers appointed hare reference I"
government like thAt u the Cniled StAtcr;
but it ~as rn.ue, unmeanipg lanKuage, whicl,
zeall. proves nothing ut ali. However, there
was clause wbct, must be taken notice Of,
for it wah all the evidence. lie referred 10 thu
distinct and positive statement hat it contcrn.
pIased no overthrow Of the State government.
hut simply the repeal nnd amendment Of al,
noxfous la'rs iu constitutional manner.
Tae learned Attorney VITO opened the ca: {
sssnedt 10 occnpy this ground entirely, not erct
Eoiug over the evidence wherein the treason
was proved. He said tie prisoner was guilty o
giving aid aud coulfort to The enemies Of tn.
Commonwealth. and that was The only sptc!I
cation lie III sde charging the defendant witt
treason. lie ~a. sarpiiarl 10 hear that geb.le
man burst lor,h in such sub,ne uposiropL.
10 freedu,n. in terms, and Language, nnd viii
ae1,on o' s"ch surprising, e!oqucnet
received Inspiration in the land TIM
urus lie ashes Of Patrick Henri. lie alluded
t. bis distinguished associate for the prosecu
tiou. who had brought into Lis remarks the dts
level'ed ttcsses OF 4 frightened beauty. liz
proc:e led 10 cons'der tue charge Of conspfTing
@Ss1 s{.. H.. T. IL
tinctiou ba.wxen the eG sst 10 run III siarex, o1
nteat slaves. and conspiracy to induce shem t.
rebel. Rebellion mad insurTe:tion was .ieiu.
up, not 10 run away, although reedum pishl
BE- lhe ultnasa object, but 1ieing up against thu
MASTERS, asalnst tbs whites, against the State
tue cri,n-s wh'ch follow i..ur,ecliop
aud more especially sersi1c insur.e ecsion. tlit
question ,vAs Us to the ol1ect und Intention
Has nny 1HAu testified uu.ht gotn;. 10 show tia
Brown. or my nne With him. ssaa OF did On.
thiaE IL Induce any Atages to rise in rebellion
Ero~E. The blR'cs we're taken Possession o
for Temporary pnrfosc, and ptarcd ia tile ar
aanal; but Col. Washington, who knew mor
about it than any other witness, testified tia
not siare took Pari in the matter except Phil
who, Ut tue sugsehtion of :tie prisoner, attempt
ed III drill port hole, aud hut wus not dn,,
for tile purpnsc of iu>urrrctiuu and rebellion
but ior protection. True, they were engaged
in au unta%tni Act, but not tlIe act charged
They ate aale,Iuble to punishment, but not a1
indcatrd. They are punishable III some wur
but not u. charged.
Tocirs is no.- = capital offence. lie here pro
ceeded ,o cou,i1er the Court charging n1urd.
in the first drgres. Tlis WAS Il crime snyolsip,
pFcHedftased murders. but lie argued that u
such fna'lce had been shown. 1st-Haywoo.
YVES killed. How it happened nobody know+
It was done in the dark, whether by accident T.
Intention DOES nut appear in tic cvidence. or t.
Whom-pc5haps these 1nen are guilty OF ttla
killing in suu'e form, but it is not proved to h.
murder in the tirst degree. Tic result Of d.
lberatc. premediated naEicc, he could ouiy 81,
- Bros n said 10 hin, Why hhruld nc shoot ne
groS lhas was MOI our object. lie did no
justify tdese 'nen ia slayi thsec and Ees's.in:
the authority of tbs Country, but he said the,
were protesting themselves from arrest. Gun
were tired IN MI directions. md thev fired or III
tended TO Tire onlg on armed men. Without ex
cusinG that conduct for one moment, lie wou1t
remark. to rriute tie idea If prcmcditated ma
lce. that they had not the tine for thought 1ua
reelection which the Law conlr.llp plates In
thst he would say these men should be al
lowed 10 in against The Commonwealth
OF Virginia and perPetrAte these crimes and G.
uu~hlpped OF justice. but chlrge and consic
them according 10 1l,c la~. Tirnnia has law
and institutions sufficient fvr hcr protection
She has thrown oser the lircs of her ci izen
eserr safeguard stIe deems pcre ,sary ind e.
kentia! has mad laws necessary for tile pro
f*es'on Of her property and tte punishment t
those who deprive their owners ot it, it is tn
hua1t Of our institutions thRt no nun eau b
punished beyond what tho laws require, and
the law is nor sevese at.0ueh, wisl,lu the lesif
lataEe TeAts the proper remedy. brown kne.
thht ht was cna.MlttinX au offence ayainst slaT
property. lie has repeatedly confessed it, au
y willing to abide the consequences. but indie
him Tor taat .tftnce, and don't convic
him Of tn offence he never drcaue
Of committing. Noting IN tbs circumstances
Of this case demands such a::eun1se fof procet
ure. Fuh'ic satety don't require him TO ba nut
bts energy nod perseverance,; if Brown coul
b engaged tyc months in prosecuting such =
enterprise aud ouIy guthtr .h'oughout the L
8. twenty one men. black and sshite, when lslet
vas no,h'ng in ihe "oild 10 oppose him, how i
Heavens name cao it be supposed that wit
hatn and all his companions struck dowa. tn
South aroused and every body IN the alert watct
the remo!est danger th.t auolher sche.n
akin to thts will be started. It va
hardly necessary to uiake these rcn,asls,-
The duty Of tue jury is 10 be bind to sll oul
sids prejudcc.. Thu ply sical courage Of thos
who Supported this insurrection has been lirt.
u commended. but the moral courage il sut,t
r1or. thnt which can resist prejudice upd III,
sion, let s1,npte jur1ice be n,rtcd out to III
prlfoner. He asked no moro He called on ii,
Jury to preservc the sanctty OF their oatls i
tactt honor untarnisued, anu the reputation I
the Commonwealth lor justice, mn.nanimit
un3 chira'ry vii BE- nnstaiued.
Ar. Gris~od closed by snying on behalf
hit client, that hr lad no except III, 10 take
psrItclo Of evidence gtrcn on trial, ht
dseued it wondxr under tie clrcumsturc
that sruth should eren rs fully be drsc ;oped .
it has been be bo1e honor able testimony ,esntt