Saint Paul weekly Minnesotian., 1859-11-05

than any other witnesses, testified that not q F,
slave took part in the matter, except Phil.
whoat the suggestion Of the prisoner attempt
ed to drill port hole, and that was not done
for the purpose of insurrection and rebellion.
but for protection. :. .s2s'- - z.,ss
He said there was manifest distinction he
tween the effort to run off slaves or steal
slaves or conspiring to induce them to rebel
Rebellion and insurrection was raising up not
to run away, although freedom might be the
ultimate Object, but rising up against the mas
ters, against the whites, against the State, it
contemplates riot, rapine, murder, arson and |
all the crimes which followed insurrection.
True, they were engaged in an unlawful |
act, but not the act charged; they are amen
dable to punishment but not as indicted; they
are punishable in some ways but not as chaIg-
ed. Theirs is NOT capital offense. -
He here proceeded to consider the Court
charging murder in the first degree. This
was crime involving:.premeditated murder
but he argued that no such malice had been
shown. First, Haywood was killed, how it
happened nobody knows, it was done in the
dark, whether by accident or intention does
not appear in the evidence or by whom; per- :
haps these men are guilty Of that killing in
some form, but is moi, proved to be murder in
first degree. $3.50. ...
The result of deliberate, premeditated mali
ce, he could only say as Brown said to him,
"Why should we shoot negro that was not
our object" s..
| He uid not justify these men in Staying and
resisting the authorities of the country, but
he Said they were protecting themselves from
arrest ; guns were fired in all directions, and
they fired, or intended TO fire only on armed
men. Without excusing that conduct for one
moment, he would remark, to repute the idea
ofpremeditated malice, that they had not the
time for thought and reflection, which the
law contemplates, not that he would say
these men should be allowed t1 sin against
the Commonwealth of Virginia, and perpetrate
these crimes and 60 unpunished of justice,
but charge and convict them according to law
Virginia has laws and institutions sufficient
for her protection : she has thrown over the
lives OF her citizens every safeguard she
deems necessary and essential; she has made
laws necessary for the protection of her pro.
, perty, and the punishment of those who de.
: prive their owners of 1t.
D 1t is the boast of our institutions that nc
). man can be punished beyond what the laws
j require, and if the law is not severe enough
r within the legislature rests the proper remedy
y Brown knew that he was committing an Of
r fence against slave property, public safety
don't require him to be punished connary t
the law, if Brown could be engaged fiv
months in prosecuting such an enterprise
}, and only gather throughout the United State
q 81 men, black and white, when there wa
nothing in the world to oppose him, how i
q q heayen's pape can it be. supposed that wit
q him and all his companions struck down, th
" South aroused, and everybody on the alel
e watching enterprises of this kind, he coul
succeed. .,s .r ID. .-r s.,.
g 1t was hardly necessary to make these n
e. marks The duty Of the Jury is to be bin
r to all outside ptejudices. Let Simple justic
le be meted out to the prisoners, he asked r
s. more. y.. -. - Tod. ........ .a
II Mr.. Griswold closed by saying in behalf
- his client, that he had no exceptions to tai
:, to particle Of the evidence given on trial, b'
N Nae deemed it Wonder under the circumstance
ne ne that the truth should even as fully be dsve
OF oped as it has been. -.., ... .....'. ..l. ..