The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-28


the matter Of insany, it not presented in reliable
form; instead Of mere stateDents, should have ada-
Wis., or something Of that character He thought there
re that the jury should be and the trial proceed
The jury having been 10 fairly impar,ally
try the prisoner, the Court directed that the prisoner
might forego the form Of standing while arraigned he
desired it,
Mr. Bo11s put the inquiry 70 the prisoner, and he
nued TO lie PROSTATE his cot while the long Indictment
hiling seven pages, was read
Fs-For consprDg with negroes 70 produce insurrec-
ton
Second-For treason to the Commonwealth; and,
1niyd-For murder. e58 ~4
Mr. HARDING addressed the jury. He presented the
facts Of the case, detailing the the Arory the
killing Of the bridge keeper and the subsequent killing or
citizens named in the noictment the seizing Of Lewis
Washington and H. AlIs,Adt, with their slaves; the
forming Of government within the limits Of
The Commonwealth; the holding the citizens az
prisoners Of war, and their subsequent cap
ture He read the law for treason, levyipx war
aganst the SLATE, giving comfort eaemes or eeta-
blshing any other government within is limits punisha-
BILE with dtah the law against advising with shave 70
produce ecton punishable with DEATH and the law
the murder Of citizens, punishable with DEATH AN
these charges would be distinctly proven beyond the pos
siblNy Of a doubt the mind Of the jury. He
would show that the prisoners whole object 70 rob
citizens Of their slaves and carry them OF by vio
ence and he happy 70 say against the willis Of tho
saves-ai Of them having escaped and rushed back 10
their masters at the first opportunity He concluded by
urging the jury TO cast aside all preudces and give the
prisoner fair and impartial trial, and not 70 allow their
hatred Of aboonss to influence them against those who
have raised the black flag the soil Of this Common
wealth.
Mr. GREEN the part Of the prisoner, after giving the
law applicable 70 the case said that the jury must bear IN
mind that they judges Of the law and The fact and
that they have any doubt to law the fact Of the
guilt Of this prisoner, they are to give the prisoner
the benefit Of that doubt. On the FIRST charge Of
treason, as . specific act Of treason must be
proven, II must be proven that he attempted
TO establish separate and distinct government,
and must also be proven what was the purpose Of the
reasonable acts before convict him OF that charge
If intended 10 rely his confessions 70 prove rea
son. the law distinctly says No conviction be made
on confessions unless made in open Court" There
must be sufficient evidence 70 prove the charge ,
independent Of any confessions out OF the Court.
and il requires two distinct witnesses TO prove each
and every act OF treason. Second-Conspiring with
slaves to rebel and make nsurrecuon The jury be-
satisfied that such conspiracy done wnhia the State
Of Virginia and within the jurisdiction Of this Court IL
was done In Maryland this Court could not punish the
act; it done within the grounds Of the Armory At
Harper's Ferry, not done within the limits Of this
Staiehe Of the United States holding excu
gve jurisdiction within said grounds Attorney General
Cushing had decided this point with regard the Armory
grounds Harpers Ferry which opinion read 70 the
jury showing that persons residing within the limits Of
the Armory cannot be taxed by Virginia. and that
crime committed within said limits punishable by the
federal courts Although the jury may doubt about the
law this subject they must give the prisoner the bene
At Of that doubt upon the trial. Over murder, I,
committed within the limits Of the Armory,
this Court has no jurisdiction, and IN the
case Of Mr. Beckham, he was killed on the
railroad bridge, it committed within the State OF
Mary land which State claims jurisdiction up 70 the Ar
mory grounds. Although be may be guilty Of murder,
must be proven that IL deliberate and premed.ated
murder 70 make capital oaoce; Otherwise, the KIN
ing murder in the second degree punishable with
imprisonment. you have any doubt on these points
you give that doubt to the prisoner BE
fed the jury will not allow any outside excitement 10
affect them and that they will do their duty faithfully and
impartaily.
Mr. BORIS impresslvely addressed the jury The case
was unusual one, and the crime charged IN
many respects unknown Tho jury trial called
for calm, unmpassoned deiberation, and not
the seizure upon loose statements for convc-
ton. The jury must be above all prejudoes and
influences, and deliberate calmly and free Of all resent
ment bearing in mind that the mission Of the law Is not
10 wreak vengeance and that the majesty Of the law is
best maintained when judges and jury rise above
these Influences The burthen of proof on the Common
wealth. and she fail subs,antlase her charges, you
are bound to do your duty mpartialy, and find your
verdict on the law and testimony that the Common
wealth may be able to present to you He then pro-
ceeded 60 the grounds taken by Mr. Green
each Of the three points Of the Indictment treason,
instruction and murder. It is difference how much
q jury may be convinced IN their minds
Of the guilt Of the prisoner: IL is essential that
they must have proof Of positive guilt in q case
like this, involving both life and liberty. Mr.. Bolts,
in reviewing the law bearing the CASE evnced deter
nason 70 avail himself Of every advantage that the
allows and do his duty to the prisoner earnestly and
faithfully. Il due TO the prisoner to state that he
believed himself 10 be actuaed by the highest and nobss
feelings that ooursed through a human breast,
and that his instructions were to destroy neither
property Ae They would prove by those gentlemen
who prisoners that they were treated with respect
and that they kept in positions Of safety and that
no violence offered TO them. These facts must be
taken into consideration and have their due weight with
the jury.
thing by way Of argument explanation not immediately
connected with the particular Issue 70 be ied and TO
march straight for ward 10 the attainment far may
be in power Of the ends Of justice, by either
victing acquitting tho prisoner at the bar, with
single preliminary remark explanatory Of his
position here as assistant-a position which had
been assigned TO him by the Governor Of the
Commonwealth well his Honor the Judge. He passed
at once to review Of what the law in reference TO
the case and what he expected 70 DO able prove the
satisfaction Of the jryFrst, TO high treason. This
was probably the first case Of high or treason
against the State that had been tried here by our
State courts and he erventy hoped would be the last
that would ever occur; and probably in degree,
not only upon our decision, but upon our prompt
decision Of this case, will that result depend.
He thought his friends the other totally mis-
taken IN their view that the law now stands on tho
statute book In reference to overt acts was either In Ian
guage substantially that contained in the constaon OF