The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-11-01

wontd have more assistance; his intentians
is. were 10 shoot nobody unless they We're carry
lb this was while the Il, ing was going IN
Capt. Brown here asked witness whether bs
sa any firing his part which was No,
purely defensive.
iisht, perhaps; the balls came in tn tho a,,
house pretty thick e"s'o-
Question by Counsel Did you not freopent.
~ 20 TO the door of the engine -housag
"lthess--No, indeed. Laughter
general colioquy ensued bet weei, tho v,,;s
oher. iying on ms cot, and the witness as 10
ane part taken by the prisoner in not unneo
ohSa'',inss eAposlng MO ms hostages TO danger No
oolettioh was made to Browns asking these
questions IN his own way and iufernosinr
verbal explanations relative to his conduct
..a.s amc witness generally corroborated his own
version OF the eircnmstanc ATTENDING tho n
tack on the engine house hut conId MOI tas ,if,,
20 an the incidents that he enumerated; he
dio not hear him say that he surrendered =
ithess wife and daughter were permitted to
VISIT MN unmoiested, and free verbal cou,mu
nicatlon was allowed with those outside we
We're treated kindly, but we We're compelled to
stay where we did not want to be Brown an.
peAred anxious TO effect compromised
Mr.. Hoyt, at half past O'Clock compIaiued
of indispesition from the heat of the room and
asked that the usual recess for dinner be taken
The Court then adjourned for one hour
AFTERNOON SESSION
At half-past O'Clock the Court re-assem-
bled, and Mr.. Griswold taking his seat by the
side of the prisoner, prepared TO ques ton the
witnesses, and to receive from him such sug-
gestions IL the course of the examination rs he
had 10 make, The defence examined several
witnesses, who stated nothing new, and there
res ted their case.
Mr Chiffon, for the prisoner, rose and sub
mitted motion that the prosecution in this
case be compelled TO elect one OF the counts in
the indictment and abandon the Others. The
indictment consists of four counts, and is en-
dorsed thus an Indictment for treason, ad-
Tising and ConsplrlHg with slaves and others
to rebel and for murder. The charge for
murder j. laid in two of the cOunts-the third
and fourth. The charge Of treason is in the
first, and the second count alleges charge dill
fereEt from that which is endorsed on the back
OF the Indictment, and which is upon record.
The second count is under the following stat
ute ''If IL free person advise or conspire with
a slave 10 rebel or make an ineurrection, he
shall be punished with death, whether such
rebellion or Instruction be made or not
But the second count in the Indictment is that
these parties, who are charged by the lndict-
ment, conspired together. and with other per-
sons. TO induce certain slaves the property of
Messrs. Alstadt and Washington, to make re-
beiiion and insurrecIi0n.
There is 4 broad distinction between advis-
ing and cOnsplring with slaves 10 rebel, and
advising and cons spring with others to induce
slaves 10 rebel. Whether he was to avail! him
self of this irregularity by instructions from
the Court to the jury to disregard this second
count entirely or whether il would be proper
TO wait until the conclusion of the trial, and
then move an arrest of Judgment, he lett 10 his
Honor to decide. He proceeded to argue the
motion that the prosecution be compelled to
elect one count and abandon another, quoting
Archibalds Criminal Pleading in support OF
his view. lie further alluded TO the hard ip
which rests upsn the prisoner to meet various
and distinct charges in the same trial. From
the authority he read il would be seen that i'll
case of treason different descriptions of trea-
son could not be united III the same lndict-
pOnld hp associated
with other treason. If an inferior grade OF
an offence of the same character could not be
included in separate counts, still less can an
offence Of q different character Treason IN
| this country is high treason treason against
| The State OF Virginia Is treason against her
sovereignty. We have no other description OF
| treason, because treason can only be commit
ted against sovereignty. whether that OF the
United States or Of Il sovereign STATE.
Mr.. Harding could not see the force of the
| objection made by the learned counsel on the
other side. In regard to the separate Offences
being charged, they were but different parts oi
one transaction. Treason against the govern
mpni Is properly made the subject of one Of the
! counts, but We also have count OF murder.
| for il can hardly be supposed that treason can
exist without being followed or accumi panied
by murder. Murder arose out OF this treason.
| and was the natural result of this bloody con-
suiracy. Yet now, after all the evidence has
been given on all these points, the objection Is
made that we must cOnfine ourselves 10 sin
gle one of them. He hoped that no such mo-
ton would be granted.
Mr. Hunter followed on the same side. He
replied TO the argument of Mr.. Chiffon, saying
that the discretion OF the Court in compelling
the prosec ution TO elect one count in the in
die tment is only exercised where great EN-
barraSsment would otherwise result TO the
prisoner. As applied 10 this particular case
| il involved this point, that notwiths tandine
| the transaction as has been disclosed in the
evidence, be one transacti0n-a continued
closely connected series OF acts, which, accord.
ing 10 our apprehension of the law of the
| land involve the three great offences oftreason
| conspiring with aud advising slaves TO make
insurrection. and the preparation OF murder
vet in a case of this character, we are told 1t Is
| not only right but proper to put the prosecu
| ton upon their election as TO one of the three
| and bar US from the investigation of the twI
| others entirely, although they relate to factS
involved in one grand fact. Notwiths tandins
| the multiplicity of duties involved upon III,
| prosecutor and assistant prosecutor, yet WI
| have found time TO be guarded and careful II
regard 10 the mode of framing the indictment I
| 1t is my work, and L propose to defend 1t III
| right and proper.
| He then proceeded TO quote Chitty.s Crimi
| nal Law and Robinson's Practice, to prov,
| that the discretion of the Court there Spoken
| of is only to be exercised in reference to tht
| furtheTance of the great object in view, th,
| attainment of Justice Where the prisoner i:
| not embarrassed in making his defence this
| discretion is not to be exercised by the Court
| and no case be shown where it has beer
/
| indictmen referred to one and the same trans
| action. This very case in point would show
| the absurdity of the principle, if il We're a:
| broad as contended for by his learned friend
| As for the other point of objection, it was tCS
| refined and subtle for his poor intellect.
Mr.. Chiffon responded-In order to ascer
| tain what a party is tried tor, must go Il
the finding of the Grand Jury. If the Crane
| Jury return an indictment charging he par I,
| with murder, finding true bill for that, an(
| he should be indie ted for manslaughter or any
| other offence, the Court would not have iuris
| dictiOn to try him on that count in the indict
| ment; aud the whole question turns on III,
| construction of the section of the statut
which has been read, viz whether not ad
| vising or conspring with slaves to rebel is
separate and distinct offence from conspiriny
| with other persons to induce slaves to rebel
The Court said that the difieren ce ght per
| haps be taken advantage of to move an arres
! of Judgment, but the jury had been charged
| and had been sworn to try the prisoner TN
| indictment as drawn The trial must go on
| and counsel could afterwards move an arres
| of judgment. As TO the other objection, III
Court made this answer: The very fact tha
| one offence can be charged in different counts
| VARYING the language and circums tances, i
! based upon the idea that distinct offences MAJ
| be charged in the same indictment. Prisoner
are TO be tried on the various counts as IL the'
| were various transactions. There is no lega
| objection against charging various crimes ii
/ the same Indictment The practice has beei
IN mt a party upon election where he prisone
| would be embarrassed III his defence; but iha
| is not the law. In this case these offence
| charged are all part of the same transaction
and no case is made out for the Court TO inter
fere and mt the parties upon an election,
| Mr. Chiffon said he would reserve the mo
| ,;on as basis for a motion in arrest OF judg
ANOTHER MOTION FOR TIME.
Mr. Griswoid remarked that the position o
ali the present counsel Of the prisoner wa
| no d;snosifion to interfere with the course o
practice. but it was the desire of the defendan
| fhat the case should be argued. He supposed