Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1859-11-03

place oithc Judge. There were three distinct Charge
hrst OF treason. This was an offence at common law
The word is derived from a French word, s~ignifyins be
trayal. Treason means betrayal of trust or confidence
The violation of fidelity or allegiance to the Common
wealth. He maintains that treason could not be comuit
ted against the Commonwealth except by a citizen there.
Of In the present case, the whole proof shows this pi
be found guilty OF treason.
The indictment charges the prisoners with committinr
every act comprising treason. They arc charged with
levying war against the State and exciting slaves TO in
snrrectioH, but there was no proof that they committed
these acts as charged. There was no proof that they r.
sisted any process issued against them as yiolatorS-
Hence, under the authority OF the Commonwealth they
were rather guilty of resisting coHeo. which was a resist.
ance OF the Federal Government, and not OF the Com.
monwcalth.
lie had read carefully the prepared Provisional Consti.
tuition and he regarded IL as ridiculous nonsense wild
chimerical production, which could only be produced by
men of unsound minds 1t defines no territory over
which it Is intended to operate aud SAYS that eve that
Is the signers of the document, not all citizens of the
United States, "do establish the following Provisional
government What Is IL. IL il an association or co.
partnership. They are to own property in common and
regulate its terms. 1t did not contemplate n royernmen,
but merely a voluntary association to abolish slavery
IL did not even undertake to lcvy taxes. which Is an es.
sential 10 any government IL does not appear that this
association was TO be established in Virginia or where IL
was TO go into effect. This was not treason. l. II the
adoption of a Constitution and the establishment of a
government BY no means. These parties had a mere
imaginary government to govern themselves, and no.
body else-just like rules governing n military compapy
or debating society. Even ii they intended to set up a
government over Others, they did not do il.
There was a general principle that every piece of evi.
dence was 10 be construed most favoably TO the accus.
ed, who should always have the benefit of every doubt.
In considering evidence We must consider the whole of
II. We must take the declaration OF the prisoner in his
own favor as well as against himself. Now look At the
10th article OF this Provisional Constitution. which eN.
preSSly declares that the foregoing articles shall not he
construed so as to encourage the overthrow of auy State
Government or the General Government. andlooks TO no
dissolution OF the Union, but simply amendment and ~.
peal. This was in evidence before the Jury. being sub
mittcd by the prosecution.
Again, the prisoner is charged with couspiring with
slaves to make an Instruction. No proof had boon
shown that the slaves had entered into A conspirarv and
unless that was the ease, where was the conspiracy >
One party cannot; cOnspire alone. Each charge is to he
considered alone bN the jury. II they believe the eyi.
dence doe not warrant a conviction on the charge of
treason, they must consider the charge of conspiracy inst
aS If no charge of treason had been made. One count in
the indictment was not to bc brought in to aid another
lie considered that the prisoner had a right to be tried
on one charge at a time, and entirely Disconnected with
any other. The Court had, however. oycrruled the mo.
ton made on Saturday, and hence the Importance of
making this point clear TO the jury, so that thew might
not confuse the various offences and the evidence rela-
hting to each.
Next Is to the charge of murder. 1t was a very sin.
gnlar way OF doing business. BY the Indictment. five
prisoners are charged with the murder of four men. That
they might have Jointly done il he could understand
but they could not Severally have done il. He declared
it was almost impossible for the prisoner TO make a de.
itnce against such a charge. 1t was too loose aud vague.
BY the laws OF Virginia. there was but one specific rfade
OF murder punishable with death, and that was d,lb,-
rate, prSmeditated murder. The prosecution charge IN,
prisoner with murder in the first degree. but he argued
that the evidence in this case does not sustain that
charge. The prisoners conduct in the engine house
showed that there was no malice, according to the testi-
mory OF Col Washington and Mr.. Alstadt However
ridiculous his project, which, it would seem, could never
have entered the mind of a sane man. he might sill
have believed he could carry out that project without
hloodshcd. At any nate, no sane man could suppose he
expected, with a handful of men. to ACCOMPLISH In. ob.
jet by force; aud it is but fair to take his declarations.
especially when coupled with his acts, that he did not
intend TO shed blood, except in Self-defencc. unles. Won
should believe, beyond the slightest doubt, that these
declarations we're untrue and the prisoner actuated by
malice IN taking the lives of those who never did him
harm and against whom there was no cause for m,T,.
Is 10 Hayward, there was no proof how he mot h,
death, or who killed him, or what cause. And, as his
colleague had remarked, the prisoner hnd no motive to
Kill negroes.
The subsequent conflict resulted in a loss of life. bu,
the prisoner endcayored TO avoid that conflict for the pur-
pose Of saving life, and, therefore, could not have been
actuateuby malice, which l. necessary 10 constitute muir
der "a the hrst degree. Even IT the prisoner was guilty
OF murder IN the second degree, or manslaughter. vet
that was not a capital crime, and not the crime charged
III the indictment. He did not know but that Captain
Brown vas justified n returning fgc, when he vas fired
upon under such circumstances. II was a sort of self
defence; and very probably had q little more slime been
allowed, these men could have been taken into Gus odv
"i'ao" loss Of life. lie charged the jury to look on this
10 the prisoner and when their verdict .IorIJL 10 -,
turned, no matter what it might Toe. he trusted every
uilu IN this community would acguiescc in il. Unless
,ht majesty oil Tie law was supported, a dissolution Of
the Union must soon Cu,uc and all the evils abi,b yorLI
necessarily follow in IT, train.
hr. Hunter now arose to close his argument for the
prosecution. He sid hc proposed to argue this case pre.
C.selE like any other. He had hoped the counsel for the
defence would have omitted to introduce any outside
matter. And 10 a great degree he had been gratiGed -
az 'eLliA ne "ouIi uliui" To. In the opening speech
OF the defence this morning, where he had been repre-.
scented l- having drawn a picture Of the disEcvslIad I1.Ls
% au alarmed beauty, his friend had dome .one i,i,s,;c.
~ aituOutiug TO him a design Of exciting alarm or ds-
iurD'ng the nerves Of the people uuscasonably. lie had
endeayored TO march straight forward, with the sole pur-
pose Of discharginc a duty aud procuring the attainment
OF justice in respect to the prisoner. He would commend
Mr.. GrswoId for the testimony he had borne in the omen.
hG Of the court, IN the face of day, aud now to be made
an item in ihe history Of the country that not only
have the forms Of 4 iag trial boon extended e.. the mi.
'oner, but the substance also. That IN the midst of All
The temptations to the contrary, in the mid-t Of all the
SOLID reasons thai have been urged WHY'S different rour.a
-! DO NO! mean an irregular courc-a different legal
aud constitutional oour.s Ly the Governor Of Vir,iri,
mght nave been pursued that Of declaring martial
h" 'hd Administering " drum-head Justice That the
Ohi'l Magistrate has taken high conservative ground
winch We, as ~Nirginiaus, are justly proud Of That he
dId not force this thing beyond what prudence require.
OF u-, and HAT in regard 10 tue power. strength. soya.
reisnt' aud patriotism OF the Commonwealth Of Xir,i.
MA We are niheientsio it, come when it may, in What
ever lOrm.
He proceeded TO remove the objections that might have
been made o. 10 .hr power Of thiz court TO try the Gee
founded on the place where the offence was committed
h'Idy necessary 10 show that 10 was within the
county OF 1eii"f~oa end within the jurisdiction of this
court There vac a law 10 Virginia declaring the bounds
oil ihe Commonwealth, making the Potomac river the
boundary between Maryland and Virginia, and giving
'-l-i -i ihe STATES powers, by @ plain compact 10 exc
cute % criminal process 10 the frihest tank. Thee mat.
ters which are contained To- the code Of Virginia. il was
unnecessary 10 prove bT Witnesses. The Jury could read
mo code Tor Themselves. Another law defined the limits
OF Jrierso1 county. -honiug thit it embraced the local..
o. where These ovcu'H occurred, and giving Jurisdiction to
. tIisr0urt.
p wrs hinicl IN she preliminary stage Of The procccd.
iH ana an atienp, made TO argue that the United States
ne'1 exclusive Jurisdiction over the Aruory grounds
Bot DOW stress was laid ON that point. bccsr.c mo- ON,
murder ont Of the four lives taken Vas committed .p Inc
A.mo.F -.OuBl.
M Hunter 'heu tool zap the argument rcspcc,ur the
charge ot treason, Which he understood b. be- that mono
nui 'l attachee Of the Commonwealth can commit trsa.
con against b. That position he would broadly dsny-
INI statute defines treason II is limited 10 no parties.
u Zoe, GOT require that the offender should be- a citizen
according 20 orr system of government and the commit.
"'ed machinery Of the Federal aud State governments
under "iHeh I've IN some respects, We are unior.
inNhi'ly bound 20 recognize as citizens Ut EIreioia those
Who have proven themselves. within orr bJrlsis. AZ an
ti' case aud without ihemi a. in others. our d.aIiast
enemies. The Consultation Of the United States bro.
atra Chat ciuprs ~ each State shall be entitled t1 all
Che privilege aud immuntuss Of citizens Of the several
States.
Captain Brown came here with immuuiIes given By
thc Constitution. Did be come Invested Of the respou-t
biiue' belonging 70 those immuniies2 Let the word