The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-01

CEvMASD, Uct u, lU0aH
Tho confession Of Copeland one Of tho charestown
prisoners, 10 Marshal johnson Of this State Is publsbed
here to-day He says no was furnished with money 70
pay hs ies5es 10 Virginia by the two Nessrs. Plumb,
Of 0bern. He also Gays that Mrs. sturtevant, of this
city, knew all about Browns plans and no supposed her
husband did The latter however, denies any knowledge
Of the transaction. Mr. G II, Langsone. Oolorod man,
s aho implicated. There are other developemeats.
THE PROCEEDINGS OF THE COURT.
FIFTH DAY.
CHAKxsrowS, Va, Oct 81, 1850
The Court met at nine O'Clock. Tho prisoner was
brought IN, and the trial proceeded without delay
Brown locks better than heretofore, and his health "
evidently improving. He was laid on bed usual.
The court house and its approaches were densely
crowded.
Mr. GmswoIp made the opening speech for the defoncs,
taking up thc several charges In tho Indictment and re-
plying to the points made In tho opening argument
for the prosecution. He alluded 10 the peculiar
circumstances surrounding tho present case, and
hoped tho jury would give calm and dis.
passionate attention, divestng their minds as far
possible nom oil preiudice and dsregardng all out
side influence The prisoner entitled impartial
trial under the laws Of Virginia. and let him be acquitted
convicted according 10 th,so laws and tho dence
given IN the With regard TO the charge Of treason
Brown could not DO guilty Of treason, be not
citizen OF this Commonwealth and but citizen could
commit treason. Mover having sworn allegiance 10 Viz
gn, he could not be rebel against her authority He
was also charged with ievying war against
tho state, but the evidence given did not
support the charge There great difference between
ievymg war and resisting authority. Men congregated
together peYpetrate crime have their rules and reg
ons When sssaled they defend their lives TO the ut
most sacrificing and intending to sacrifice tho lives of
others but that resistance and not evyng He
would not shrink from tho admission and the prisoner
openly admitted it, that those for the purpose
Of running away slaves. That crime under the laws
Of Virginia. which the prisoner amenable punish
the extent ohose laws In carrying that purpose
he temporarily took possession Of tho arsenal at Harpers
Ferry, and while there attempts made arrest him.
Mr.. Grfwold had complaint 10 make about that But
II IN resisting those attempts that this blood shed
and lives taken and not In cvyng war aga!ns! the com
monwealth resisting that which claimed 10
be the legal authority Of Virginia seeking 70 arrest those
assembled In violation Of law. Such things hayo
often happened. Jails have boen broken open and
taken thence and executed defiance Of law after being
acquitted by jury Of their counymen and the power
of the Sheriff trampled under foot. Neither does
cessarify constitute lsvyng II murder ensnes,
because the commission Of the offence Of shedding
ID
said there organized movement. A pamph-
let is referred 70 evidence Of that fact but #
docs not necessarily follow that the overthrow of The
commonwealth Of Virginia contemplated by any
thing that appeared In that book. Tho most harmless
organizations In the country bave been created with all
the outside forms and machinery Of government In de-
batting societies governments hnvo been established,
congress created resolutions and laws discussed and any
reading the bulletins Of those associations and know
ing nothing about them would suppose them miniature
governments, organized within the limits Of the exist
ing governments No matter what names or what
officers they may have, that Is not sufficient
Banda of robbers and despcradoes have their rules
and regulations their officers and prescribe death the
punehment for the violation Of their laws but that does
not imply that thcy contemplate the overthrow Of the 10
climate government. is only associations and sovorn-
nent to control themselves In their intercourse with each
oher he further argued that the jury could not find
Brown guilty of treason unless they find him guilty Of
sssocang with others 10 organize government TO sub
vert and overthrow tho government Of Virginia. But
tho pamphlet proves anything shows that attempt
made to organize government in opposition TO the
government Of tho United s.ates and not az Virginia.
for all the tools csed, all the officers appointed have
ference TO government like that Of the United States bu
II was in vague, unneang language which really proves
nothing at all However, there chance in it which
must DO taken, for all in evidence Notwithstanding
distinct and positive statement that contemplated
overthrow Of the general State government but simply
the repeal Of obnoxious laws in the constitution. The
learned attorney who opened the seemed TO occupy
this ground entirely, not even going over tho evil
dence to show wherein the treason was proved,
and said the prisoner was guilty Of giving
" aid and comfort !" to tho enemies Of the
commonwealth and that the only specification he
made charging the defendant with treason. He not
surprised 70 hear that gentleman burat forth IN such
sublime aposrophe TO freedom, In trms, and language
and with action Of such surprising eloqusnoe that
need DO told he had been reared In tho Land that tho
ashes OF Patrick Horny. BE alluded also to the dstn
gu-shed associate the prosecution who had brought
into his remarks the dsheyelod resses Of frightened
beauty Ee hen proceeded 70 discuss the charge Of
spring with slaves, and SAID there manifest dis
nctjon between tho effort TO run OF slaves,
or steal slaves, and consp.ring 70 Induce
them TO rebel. Rebellion and insurrect.on was
rising up not TO run away, although freedom Nigh
be tho ultimate object, but rising up against masters
against whites against the State 1t conseinRates RIOT
raplne, murder arson, and oil the crimes which follow In
surrecton The question to the object and ntsn
ton. Has any testified aught going 70 show that
Brown, any with him, said did thing to
induce any slaves TO rise In rebellion Or perperaae any
offence ont Of which rebellion grows9 Slaves werc taken
arsenal but Colonel Washington who knew more about
than any other witness, testified that not e,aye
took part IN tho matter except Phil, who at
the suggestion Of tho prisoner attempted to drl port
hoe and that was not done for The purposo Of rsurre
ton and rebellion but to protect themselves True, they
engaged IN unlawful act bot the act charged
They amenabe 70 punishment but not they
indicted Death cnsuos; they punishable In como
way bat not as Is charged 30 hero proceeded 70 con-
slider the count charging murder In tho frs degree. This
was crime involving prcmedated murder, but be
gued that such malice has been shown. First, Hay
ward was killed; how happened nobody knows; It was
done in the dark and whether occidental intentional
docs not appear In The evidences by whom. Perhaps
these mon AFRO guilty Of that killing In como form,
but is not proved to De murder In the first degree from
deliberate, prcmedased malice He could only say,
Capt Brown sad 70 him, "Why should shoot a ne
gro?-that was not object" he did no, justify these
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