The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-07

the the evidence and nothing ssyss must :sSS. Wv,
men, that the prisoner should have bad trial upon eash
Of the three counts separately Had he been indicted
on trial for one at time. And this would have been only
his right for he then would have had the question Of h
Q the jury uOmssd and uninSusnosd s. any ohsr
charge But the application made for the adoption
q this course was refused by the court, properly
DOUBT bat u warrants me in calling you attention.
more clearly to the paramount Importance Of this
to the o, unfortunate {, , prisoner AZ the bar has
and the benefit OF the evidence which sustans the truth
OF that declaration Now to these Deaths These men
fell believe, with the exception Of the negro Haywood
whose death occurred at night and about which nothing
Is clearly known during the Monday Tuesday on WHICH
the prisoner held the buildings. will not ,er to this
DEATH my colleague has already called your ttenton
all the facts connected with it, The other persons wero
killed in conflict brought about by this old man and hs
and holding them contra Law, They certainly vio-
lated the law in takn citizen q the place and their
before any deaf took piace, win the exception q Tho
death of the negro the prisoner begged and earnestly re-
nonsIate h the citizens not TO fire lest they should
piure their friends ut the time he gave them
70 understand that If they attacked he would
defend himself II does not alter the whether the
attacking party acted under legal authority not and
whether they commanded by the properly constituted
authorities in attacking the buildings does not appear h
hs ne hsss SHOWS % %
was completely dethroned, not only regarded the
prisoner at the bar and those who we're with him. but
law was overthrow and riot and blind passion prevailed
among the people DO not 70 condemn This; IL
was natural under the circumstances And here In thu
mdsto this wild ,unbfdled excitement, conflict eusued
conflict which the prisoner the bar eudeavored 70
hfoc, Tor The purpose OF saving human life and Shots
Tired random werercturned at random ana
these persons killed Now the prisoner cannot be
charged with murder IN the first degree because Of his
connection with the cause Of the loss VI these mems
lives The law does not contemplate a case
Of this kind 1t refers only to where person lies in
and those other which enumerated before II
does not contemplate killing under circumstances such
those which prevailed at this time when law and order
detbroned every excited and fanatica man was
the slave Of his wild impulses freed from all check
and CONTROL and knowing that they had little 10 fear
when order would he restored for the consequences Of
their acts in those hours Of frenzed excitement Who
could perfectly tell in this maestrom of awess frenzy
and tumut while the tempest raging around, when
lives were not only mperilled but sacrificed, hom
cdes were the result OF ndscriminate firing, bywhom the
shots were fired that caused Geath cannot and do not,
believe that the provisions Of the statute intended
10 cover such case this Therefore, gentlemen.
think according to law-and ask you go further,
but on the contrary beg OF you adhere regardless Of
conseqrenees-l contend that according TO law you
not IN justice TO the sacred oath you have
the prisoner at the bar guilty Of murder the first
Whether you pronounce him guilty Of murder in the
second degree point for your consideration But can
didy confess do not any foundation finding him
guilty Of murder in the second degreeno not
saughter but more especially you have evidence
before you on which you a verdict Of murder
in the second degree. There is malice prepense gen
teneD, In the act OF obedience While by means
not for moment-nsnua,e that the prisoner at the bar
was acting his proper line Of duty with regard any
yet that when he had taken his
when he found himself placed that he must submit
tobe shot and all with him. where he stood-when he
found his flag OF truce protection all terms of compro
mise Denied and all his "Reminiscences 70 spare the e
sion Of blood UNDECIDED Il do think you, gentlemen
cannot think that the law requires under such cir
cumstances the deadly fire OF his ass aants
In self defence The people of Harpcrs Ferry ought NOT
to have fired upon Brown and his under those
cumstances It must have been manifest to every
that little time had been aowed- this attack had
been made the prisoner and his associates would now
be in the custody OF the law without bloodshed and
without the sacrifice Of life AMI whatever might have
been their gult-whatever may be their guilt now.
am sure there are none amongst you who could desire
me forfeiture o. the lives Of these unfortunate except
they were pronounced forfeited by the law And the re-
spect that has been ever paid by its citizens the law Il
the State the absence Of all zine OF rising in arms ana
overriding the law with single exception the whole
course OF my fe) the complete submission Of all classes
to the law Of the State challenges admiration Of the
whole Union When other States have been sacked by
mobs and when popular excitement oyerrdden and
tramped under foot the laws there has yet been no
stance In the old Commonwealth Of Virginia, the Odd
Dominion State, Of such dire result Ipartially refer
to the exception which some years ago took place at time
Of great excitement and when body Of took few
negros out OF the and from under the protection Of tina
law and executed them by mob law That repro
bated by the whole State for years afterwards Now,
gentlemen IN this case ask in the first instance aud
! am sure ! need not ask again Of you TO try this
case as you would any other Dvest yourselves every
thing that might be calculated to influence you tho
slightest degree; and IN your retirement when you
to consider it. estimate all the circumstances calmly and
dspassonatey Look at the events Of the past of this
affair as far you with eyes-as the law requires
you to do gentlemen and your hearts and conscences
must dctate-favorabie to the prisoner interpreting
all the evidence step by STEP and when doubt exists
tending to the unfortunate prisoner, whose life is the
balance the benefit of that doubt and all that may ope
rate in his favor the evidence laid before you. And
gentlemen, after youhaying in retirement
red weighed and sted the honestly and
conscentousy in the Of the bench crowded
court and pronounce the result Of your deliberations
and there will not be voice q murmur raised
against you for pronouncng verdict favorable to the
prisoner. The time OF excitement has passed. should
ysur verdict be likely to little excitement
here, 1t, too, will speedily pass away. And if your
laws, or their administration especially at law.
cannot be upheld in integrity and truth and ndepen
dence-a protection Of life in protection Of the alleged
volator Of your laws-hen say the Law Of property
next and the result must be obvious And whom this
comes TO passwhen justice is not administered
fomty With the strict principle Of your law then fare
well to all the blessings OF free government aud
will follow that which is much dreaded-ehe dssou
ton of the Union; will follow revolution Of all the
practices, all the precedens, Of all the securities of AN
the conservatism which binds together and property
and liberty, and reputation and every interest which
governments are established 70 preserve and protect
vanish, and soon, say when justice is overrdden and
the law laid in the dust will follow all the evils have
so feebiy endeavored to paint. Returning you thanks
FIR y0lr afiant affa ufion I rrro