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

grant for the sake or sgumen that these men had
senoed with criminal purpose that they were seeking
70 accomplish criminal purpose with reference 70 these
slaves But Il not necessarily part Of their purpose
thai they should commit murder in eectng that object
There was no proof whatever that they entertained
desire TO commit murder-no proof whatever that
should weigh upon the minds Of the jury In judy
visited tho house Of Colonel washington and Of Mr.
Asadtt they take these gentlemen prisoners and seize
their slaves and brought them Harpers Ferry and de-
lvered them over to the prisoner the bar Tue conduct
OF the prisoner 10 his cspves the conduct Of the
who seized them showed clearly that there was ne muir
The Efforts OF the prisoner at the bar to protect them dur
ing the conflict which cnsucd proved the contrary How
misguided these men might been, however redicu-
ious and absurd the object they proposed accomplish
matter how impossible the carrying Of might be- II
but fair believe that who thought they could
could succeed without bloodshed The proof is thai il he
had been allowed To 60 away with all his and his
dead and wounded no bioodshcd would have ensued./
Now this his declaration This the ground OF
the appeal he made TO be allowed to depart TINT blood
might be shcd but that II he was attacked that he
brought against him. Now, gentlemen, when you
ceye the conscientious declaration Of the witness this
po'nt that he desired not but strove prevent the eu
zion OF blood-wben the whole bulk OF the evil
idcnce goes ncontrovertabiy prove that-you must
accept that declaration, and give him the benefit OF IT, II
viii be then for the prosecution to attempt prove the
untruthtulncss and nsnceri,y that declaration and
show that not in with the the man
bnsea Can you, gentlemen, say or imagine for mo
that the prevention OF boodshed the motive OF his
acton-tbat these not his f-elngss Is there any
thing in the surrounding circumstances which that
his conduct not dictated by humanity L. there any
thing that makes 1t certain and positive to minds
tina. all this was mere presence and only intended TO
the crime, 10 very essential point TO con
sider; and say TO you, in considering this
facts The only proof approaching this that Colonel Lee
who commanded the United States troops, had effected
breach into their Notifications. Now, had he demanded
surrender IN the Of the United States and hal they
hah fhnVu
have been guilty of treason against the United States, in
sezng the property and resisting the constituted
thorities OF those States. Now, gentlemen as 10 the
charge Of establishing government ask you now calm
y in the face of all the evidence upon that point did they
establish government They may have designed to
tabsh government but the statute makes that separate
and distinct offence, capital offence. These are
charged with having established government, and the
prosecution base their charge upon the evidence Of this
pamphlet book, that has been referred Now have
taken the pains to read this pamphlet carefully, and
must say that of all the rid ;uos non protuc
tiensof all the wild cbmerca theories read Of
this book surpasses them Why, gentlemen It could Only
have emanaied from the brains OF OF unsound mind
This government and constitution spoken OF define no
territory which is 10 have sovereignty property
which will protect 1t specifies place the OF
power but il merely says in the words Of the pamphlet
that slavery Is great evils in effect war existing
between the master aud slave, and that il ought To DO
abolished There are articles in the pamphlet providing
for the appointment Of certain officers But what does
oil amount tos That audes TO association copart-
nershp with property in common reference made
TO the limits prescrbedtbat the territory prescribein
the constitution viii IN the association prevail
But reading ii throughout there is territory men
toned whatever Now, gentlemen it is aserious question
points at contemplated by these Did they CON
template government or did they merely contem-
ahosbng snvsrys pu hsy hos ohs, p% ho o.
ter defined objects, and these for their own
guidance and conduct, and were Of moral character
not to levy or raise taxes. There not word
said in those articles OF any purpose or that kind nothing
about the leyng OF taxes that essential feature in the
formation Of governments. will not detain you further
on but w bast attpp that bav
cannot be convicted upon this evidence-hat has been
proved that they could not have contemplated the evng
OF but that they came here TO free the slaves That
their only object But that Is separate and distinct
object and comprises separate and distinct offence aud
exist where the proof is that parties have levied
against the State adhered TO the enemies of the State
and these offences only be committed by citizens of
the State Suppose hostile expedition was set foot in
another State and man, not citizen Of that State, ad
hered to it, would that be treason So far rs said
fore, treason cannot be committed by any person not
citizen OF State evyng upon that State or adhering
to It's enemies Then again. TO the charge of establish
ing government There is proof whatever that these
men intended anything beyond establishing association
by the rules and regulations Of which they to be
governed and controlled They agree TO be governed by
certain provisions of constitution framed by themselves
but in way interfering with the existing government
They do not Tx upon capital the OF their govern
ment as the seat of their empire whatever prose-
cuton imagined was 70 be- But they associated toge-
Their other companies do for specific purposes such
We railroad and other companies associate together
This might have been ncpient stage to wards the
adjustment of government within the limits of State
but went no farther and therefore does not within
the meaning Of the as to make these amenable
to the law. There no proof whatever that these
any Of them established government within the limits
OF the State OF Virginia All that said of them is
that they with arms in their hands in hostile array, with
out organization, not under orders OF any government
but each man acting for himself, marauders if you
choose entered the territory without authority, and
are liable to the penalty which would be inflicted upon
any body of men who might be in midst for the pur
pose OF committing violence. Then, to the charge of
holding or usurping any office, protesting allegiance
and fidelity to any usurred government, &c. MY time
does not allow me to dean long upon this point The
principle to be considered here gentlemen is the
is applicable to all cases Of murder. Everything and
every particle Of evidence to be construed favorable to
the accused You all know the principle, that il jury
entertain a doubt-a reasonable doubt-hey are bound
to give the accused the benefit Of The old adage is we'll
known to every acquainted with the conduct crim
nal cases-tbat is better that ninety -nne guilty men
should escape than that innocent should suffer-
It's expected at the hands Of jurors part Of their oahs
thatthe evidence to convict Of capital offence,
more especially where death is the forfeiture, be
complete and conclusive. The evidence in such cases
must be conclusive that leaves rational doubt upon
their minds the face of that rational doubt under
the influence of prejudice fear excited feelings, or
anything OF that Sort they give the advantage 10 the pro-
secuton against the accused they disregard their oas
and give their verdict contrary to law and Justice There
another point wish to call your attention TO- It this
that whenever you get mans declaration in evidence
you must take II ALL II to make case against you
take III evidence what he said, wrote published,
and If there is part which makes for the prosecution
and part which shows in favor OF the accused you are
bound to give him the benefit of his declaration except
the other side bring evidence to dsprove ito positively
dsprove what appears in his favor. There is decara
ton In this famous constitution which expressly states
that was part of their obecto interfere with existing
governments Now this is in the very document given in
evidence and upon which understand the prosecution
relied TO establish this setting up of government within
the limits Of the State, contrary to the act, AMI
that he has, by his declaration therein sub
jected himself to the penalty Of treason.
now come TO second count. One part Of that count
charges the prisoner and his associates with consprng
and advising with slaves to rebel and make
The language of the statute that free person advises
copspres with slaves to rebel make Instruction
with any others to induce slaves REBEL he shall be
punished with death. Now, man may commit the Of
fence with respect to single slave If man goes 70 a
slave and advises him to rebel against his masters auho
ry and TO resist it, and be proved upon hm-whether
that slave rebels not ressts his authority
the free persons advising him guilty of capital offence
nsurrecton on the other hand means rising of slaves
by combination, to throw off the authority of their
ters and necessary, carrying their object to
init murder Now gentlemen of the jury, contend that
there is not shadow of proof that the prisoner at the
bar his associates did anything OF the kind the
cond count they charged with advising and conspng
with slaves and others to rebel and mako Instruction
Now again this point there tho slightest