Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-11-01

DIIINIlI VI lllell uOupI.
The first charge Of treason. as 4 specific act
oftreason, must be proven. 1t must be proven
that ne attempted to establish u separate and
diStinc; government. And it must also be
proven what was the purpose of the ,~reaSona.
bic acts. before YOU can convict hfh on these
charges.
Ii it is intended to rely en- his confessions 10
prove treason. the law distinctly says no con-
~viction can bc made on confessions unless made
in opcn court. There must be sufficient cyi.
dcncc To prove the charge independent of any
confession out o! court: and il requires two
distinct witnesses 10 prove each and every act
Of treason. Second. conSpiring with slaves to re.
bel and make instruction, thciury must be sat.
i>!icd that such conspiracy was done within the
State Of Virginia and within the jurisdiction Of
this court. Ii done in Maryland this court could
not punish The act; as also, ii done within the
limits Of the arnory ut i~larpcr's Ferry, it was
no. done within tie jurisdiction Of this State,
the government Of the United States holding
exclusive jurisdiction within said grounds.
Attorney General Gushing had decided this
point with regard 10 the arInory grounds At
IIarpcr's Ferry, which opinion was read to the
Jury. showing that persons residing within the
Limits OF the armory cannot even he taxed by
Virginia, and that crimes committed within the
said limits arc punishable by the federal courts.
Although the jury may doubt about the law on
this subject, they must give the prisoner the
benefit OF that doubt.
Upon the third count. that Of murder. if it
was committed within the limits Of the ar!norv.
this court has no jurisdiction. And in the cast
e Buckha,i, If Killed on the railroad bridge, 1t
was committed with. the State Of Maryland,
which State claims jurisdiction M TO the al.
,norv grounds. Although lac may Ice guilty Of
murder. il must bc pr0ycn that il was wlIiu',
deliberate and prcmcditatcd murder, TO make 1t
a c~nrital offence. If otherwise, the killing was
murder in the second degree, punishable by
imnrisOnmcat. II there j. any doubt on these
points. Won must give lha, doubt to the prlS-
oncr. He was satisfied The jury will not allow
any outside excitement 10 affect them that
they will DO their duty faithfully and Impair
tally.
Mr.. Bolts impreSsivcIv addressed the jury.
T'hc case. lie said. was IN unusual one. The
crimes charged were in many respects unknown
10 i,rv trial. calling for calm, impa>SioEcd de-
liberation, amd mot Il Sci2;a: upon loose state
mcn;S Cor conviction. Tn" jury mustriSc NOR.
ally above all prCilaiccs aud influences, and
deliberate calmly. free Of al! resentment, aud
bear in mind that the mission cf the law is not
60 wrcak vengeance; and that the majesty Of
the law i bcS, maintained when judges. conn
sci and iury rise above these Influences. The
burden cf proof is on the Commonwealth 4;
and If she fill, 70 SubStan;iate her charges,
Won arc bound to do Your duty impartialiv,
and find vour verdict OF the law and tcstiino.
nv that the commonwealth NAV he able T. pre-
con-, ia Wv,
y, ,,., ,~oc,cJ.J 70 co oyer tho same
.-or,l. t,r.ar H.. w Groom on each Of the
H.. n,,rts oc ihc indir,mer;-rrcason. in
.,irr,.iion and mi:rdcr. II i no d difference, he
s,;i h,w much In, jrrv NAV ". convinced in
their " minds Of The guilt of the prisoner.
i : essential .Ia; ,bov uu.t have proc posi-
five Of mil, in , case: Ike this. iuyolyin, both
is. and l,h2r,r.
w. H,.,s ~ ,.yicwin. tho 3,w hearing on
III. ,.,.,. ry;nrol = determination to avail him.
self # oycrv advantage ,ha, the law allows.
and To Go his da,Y 10 the prisoner earnestly
and faithfully.
I, Was duc f. the prisoner, he said. 10 state
,l., l.. believed himsclr;o be ~ar;u.,cl hv the
In hc.r and poiIc.t feelings thu, ever cour<cd
,hrcuch = human breast. Ills instructions to
IL .,sor;a,cs were 10 destroy ncither pro.
:, r;c. Nd ,Lo,. v.oriJ ,roy. Lr those
r. .n,or ,,,!,n ,ro,, rr;.,r,r, TIA, they were
- r';,l, ,,srcc, and ,bot ,Lcy were kent
!, n,s;,,ors Of soG.:y. that no Violence was
,tr.rrd thr,p These facts must be taken into
.n,..l.r.,inr - hoy. .h.ir dr. Weigh, with
thc larry,
NJ i;nn,cr followed stoiinr his puruo>a 70
ovoiI anvthroo nv way Of arrrmcnt or cypla.
,a.;o,' 49,, ;r9,r,ni;,,ci,. CONNECTED with The
,"n.;c,l.r ;..,n N I.' till .,d IN march
-, t...,r5 ,,,,o or,;n,,nr, =. far ne il
800" J., ~ o,r rov.or If ~" cnJ. If ~;rst;cr hy
.t. .am,;,,;n ~. .con;t,ing ,bcn r;.o,cr =,
INV :" w;.h7 ,,," .r.Im,n,rr rc,nqrl;
,.a- az iiS ,,.i,,on hcrc 49, assistant Of
80, ,:b;.}, had liam .,s;,nc1 70
~ -. - &C i" Commonwc,i,b =,
'n,"n ~ ~ t,o,or Ma i,,Irc tn r,.scd ,t once
W. q, -, 80 ,n,a. ,'oI ia l,nr. :, roG,-oncs
:" ''''l" = 'N' " "'s g." a. ~ =,
10 ''e .'>'' '''',' " 10 '' 49,
Prov 'o''t 'I'>'"''''' VI '''
rH''' - ~ w" c'..SI"' g we L'0n
by Inc ir't case "i ii-a treason "'I>o'
a&a'h-. the a''.. t'.". 'ti'' e'r "Svi " ho.,af :,
10y our A'a.e courts anu u. 'c'''I't! '"P.u =
""U'" ~ nv as 'n'' "Y''' , 49,, , n"r
probably III some 'csf'c' not o''iE HP'" uH'
"te'N'"';; ".s "l.'n ~ rn."" r.. ,honrh, HI,
cas- WIZ 'l,'' [H"'' = Pv.'' ,}" .arn,
!''e1": "' W. ,',.. ! : .o.'n: 1"aa%" -,
:! '''" ''t"' MA t.'' Az ~ u NOV '"''' "
INC : an "".,' " $500 '.r',on,, 49,, ra.,
w. ''!''s! 81 -" ~" ~ s,o,os
t"'''' ~ ~ W, ~ LaI La,n ro
WI 'he ''..'",s' '"I p"'"s.y'J- ha .,nco:r
i'V.' '''"' NV Wv .,a.ar
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