Saint Paul weekly Minnesotian., 1859-11-05

Great excitement prevails in the town, and
the guard has been increased, the conduct Of
Of Brown being regarded as trick.
CHARLHsrown, Oct 20.
The Court met at ten o'clock this NOR
ming II
The Judge announced that he had received
a note from the new counsel of the prisoner,
requesting delay of a few minutes, to ena-
BILE him to have brief interview with the
prisoner He would accordingly wait short
time. - = :, r Il
Soon after Brown was brought in and took
his usual recumbent position in bed.
Samuel Chiffon, of Washington City, ap-
peared as additional counsel for the prisoner,
and was qualified. Hiram Griswold, of Cleve-
land, Ohio, was also qualified as counsel for
the prisoner.
Mr.. Chiffon made an explanatory state
ment' He was Unexpectedly called upon yes
terday to aid in this defence. He came with
the expectation of merely assisting the gen.
tleman who were conducting the defence, but
upon reaching here he found they had with
drawn from the case. He then determined |
to do his best, not feeling at liberty to refuse
under the circumstance. However, it would |
be impossible for him to discharge the full du-
| ty of counsel, not having read the indictment,
or examined the evidence already given. He
made no motion, but he would advise de-
lay of few hours, in order that himself and
his brother counsel could make some prepar-
atoms.
The Court decided that the trial must 90
on. No more delays could be granted. The
trial then proceeded. '..a
Mr.. Hoyt, for the prisoner, objected to re-
ceiving as evidence the letter of Gerrit Smith,
heretofore published also the autobiography
of Brown written by himself. Both were
withdrawn. '..',s ~ - ..
Several witnesses were then examined by
Mr.. Hoyt, and Gloss questioned by the pris-
oner while lying on his bed, wrapped up in a
blanket. The testimony was mainly relative
to Browns kind treatment of his prisoners.
At one o'clock a recess was then taken for
dinner.
afternoon Session.-Several witnesses for
the prisoner were examined, all proving that
Brown had treated his prisoners with humani-
, ty and frequently expressed his regret that
bloodshed should have been caused by him
in self lfdefence. The defence closed their tes-
|
give the case to the Jury without argument.
argue the case. After the opening speech for
the State the Court adjourned till Monday
: morning, when the counsel for the prisoner
will proceed. -.~
. CHARLEsTowN, Va, Oct. 81.
The Court met at this A. NJ The pris.
l. oners was brought in, and the trial proceeded
). without delay. ..... r.
e Brown looks better than heretofore, and
# his health is evidently improving" He lait
on the bed as usual.
i The Court House and its approaches were
le densely crowded.
Mr.. Griswold opened for the defence, takinl
up the several charges Of the indictment, re
plying to the points made In the opening ar
gument Of the prosecution He alluded to tn
peculiar circumstances surrounding the pres
l. ent case, and hoped the. Jury would give
le calm and dispassionate attention, divesting q
u far as possible their minds from all prejudice
e and disregarding outside influences. Let tn
IL prisoner have an impartial trial under tn
oe laws of Virginia, and let him be acquitted Q
Is convicted according to these laws and the e,
e, idence given in the case. ...... -..
10 With regard ta the charge Of treason brougf
D. against the prisoner, Mr.. 6. argued tn;
e. Brown coul4 not be guilty of treason, as
W. was not citizen of this Commonwealth
OF and none but citizen of the Commonwealt
"a could commit treason, never having swOr
allegiance to Virginia, he could not be reb
as against her authority.
us He was also charged with levying Wa
ch against the State, but the evidence given d
q, not support the charge. There was q gre,
eo difference between levying war and resistiT
'lh authority by men who are congregated t
'r- gether to; perpetuate crime, and have the
en- rules and regulations; when they are assaile
u.s. they defend their lives to the utmost, sacrit
10 cling their own, and intending to sacrifice Il
I'm lives Of others; but that is resisting, not lev,
an ing war.
ra- He would not shrink from the admission
-, and the prisoner had openly admitted it, tn
1lli those men came for the purpose of 'rnpnir
Ter away slaves That was crime under Il
srs laws of Virginia for which the prisone vi
4, answerable to punishment to the extent
oe those laws. In carrying out that purpose
inc temporarily took possession of the arsenal
ors Harper's Ferry, while there attempt we
j., made to arrest him. Mr.. G.. had no cor
Inc plant to make about that, but it was in r
ia, sisting these attempts that this blood W,
vas shed, and the lives taken and not in levyir
TN war against the State, 1t was in resistir
nd that which was claimed to be the1egal autho
av- ity of Virginia, seeking to arrest those me
assembled in violence Of laws, which thin,
have oft n happened. Jails have been br
lr- ken open and men taken thence and execute
in defiance of law after being acquitted by
jury Of their countlymen, and the power
nv the Sheriff trampled under foot. ="
Ier Neither does it constitute the levying
L,z A.
es. sion OF the offence of shedden blood may n
ion have been contemplated. 1t is said ere W
Wit an organized Government pamphlet is T
not ferred to as evidence of that fact, but it do
at. not necessarily follow that the overthrow
his the commonwealth OF va. was contemplate
by anything that appeared in that book. T
hat most harmless organization in the count
re- have been created with all the outside for
rial and machinery of Government In debati
ave societies Governments have been establish
of Congress enacted, resolutions and laws
Wit cusssd, and any one reading the Bulletin
be these associations and knowing nothing abo
to them, would suppose them miniature Cover
re, ments organized within the limits of the G
ub. isting Government, no matter what names
SIX, what officers that may have, that of itself
ing not sufficient. Bands Of robbers or despe,
his does have their rules and regulations, tn,
rn- officers prescribe death as the pumishme
can for a violation Of their laws, but that dc
un- not imply that they contemplate the ovt
It | throw of the Legislative Governments; it
my only an association or government to cont
to themselves in their Intercourse with ca
bly, other. -2 @a - -..s in5' .sarE
ow q He further argued that the Jury could n
,er find Brown guilty Of treason unless they fou
for him guilty Of associating with others to