The weekly Anglo-African. [volume] (New York [N.Y.]) 1859-1861, 1859-11-05

olLIy 1or ABOUT IOrIy HIHutes' dereY1eWeQ
the testimony as elected during the exam
ination, and dwelt for some time on the alb
surdity of the claim or expectation of the
prisoner, that he should have been treated
according to the rules of honorable war
fare. lie seemed to have lost sight of the
fact that he was in command of band anof
murderers and thieves, and had forfeited
all title to protection of any kind,
The court adjourned at five o'clock to
meet again at 10 o'clock on Monday morn
ing.
FIFTH DAY.
The court met at 10 o'clock
The prisoner was brought in, and the
trial proceeded without delay.
Brown looked better than heretofore, and
his health is evidently improving He was
laid on bed, as usual.
The courthouse and its approaches were
densely crowded.
Dir. Griswold made the opening speech
for the defense. He claimed that Brown
could not be guilty of treason, as he had
never sworn allegiance to Virginia. Meth
er did the evidence show that he had levied
war against the State. He admitted that
the prisoner had come there to run off
slaves, and was amenable to the laws of
the State for such an act. As to conSpira-
cy to incite an instruction. there was a
difference between running off slaves and
causing an uprising among them.
He was followed by Mr.. Hunter for the
prosecution, who closed his argument, and
Mr.. Chiffon asked the Court construct the
jury that if they believed Brown was not
citizen of Virginia, they could not convict
him on a count of treason. The Court de-
clined, and Mr.. G. asked that the jury
should be instructed that they must be sat
ished that the offence was committed with
in j eferson county. This was granted
A recess was taken for half an hour,
when the jury came in with a verdict
There was intense excitement. Brown sat
up in bed while the verdict was rendered
The jury found him guilty of treason, ad-
vising and conspiring with slaves and 9TH
ers to rebel, and for murder in the first de-
gree.
Brown lay down quickly, and said moth
ing. There was no demonstration Of any
kind.
Mr.. Chiffon moved an arrest Of iudg-
ment, both on account Of errors in the in
dictment and errors in the verdict The
objection in regard to the Indictment has
already been stated. The prisoner has
been tried for an offonoo not appearing on
the record of the Grand J Fury tIr,, verdict
1tyou of on nonb fol
general verdict on the whole indictment.
SIXTH DAY.
The court met at 10 o'clock. this morn
ing Coppie was brought in.
Previous to the proceeding to his tria
Mr. Griswold stated the points on which
an arrest of Judgment was asked for in
Browns case In addition to the reasons
mentioned yesterday, he said it had not
been proved beyond a doubt that he
Brown was even a citizen of the United
States, and argued that treason could not
be committed against State, but only
against the General Government, citing
the authority of Judge Story, also stating,
the jury had not found the prisoner guilty
of the crimes as charged in the Indictment,
they had not responded to the offenses, but
found him guilty of ofenses not charged.
They find him guilty of murder in the
first degree, when the indictment don't
charge him with offenses constituting that
crime.
Mr.. Hunter replied, quoting the Virgin
ia code to the effect, that technicalities
should not arrest the administration of JUS
tice. AS to the jurisdiction over treason it
was sufficient to say, that Virginia had
passed law assuming that jurisdiction and
defining what constitutes that crime
The Court reserved its decision.
Mr.. Brown was present during the argu-
ment.
The jury was sworn in Copies case.
The testimony is the same as already pub
lished, but is more brief The examina-
ton Of witnesses for the prosecution was
not concluded at the adjournment. Cook
waived an examination before the Magis-
| trate's Court
SEVENTH DAY.