Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-10-28

you can convict him on those charges Ifltis in.
tended 90 rely on bis confession to prove treason
The law distinctly says no conviction can be mace
on confession unless made 10 open Court there
must be sufficient evidence TO prove charge inde
pendent Of any confession ont Of court, aud Il re-
quirea two distinct Witnesses 10 prove each and
any act Of treason.
Second count, conspiracy with slaves to rebel
and make insurrection, the Jury must bo satisfied
that such conspiracy wns done within the State
u Va, aud within the Jurisdiction Of this Court
done 10 Mary this Court could not punish
the act aDd u done within the limits Of the arnory
AZ Harpers Ferry il was not. Attorney General
Gushing had decided this point with regard to the
armory grounds at Harper's Ferry which opinion
was read TO the Jury, showing that persons resid-
ing within The limits Of the armory cannot even
be taxed by Va, and that crimes committed within
lhe said limits are punishable by the Federal
Courlsi although the Jury may have a dosbt
about the law Of this subject they must give the
prisoner the benefit Of that doubt.
Upon the last count, that OF murder, the crime
committed within the limits of the armory this
Conrt has no jurisdiction, and as 10 the case Of
Beckham, 1t was committed on the railroad bridge
1t was committed within the State Of MARYLAND
which State claims jurisdiction up TO the afmory
grounds. Although he may be guilty Of murder,
u must be proved that II was wilful deliberate and
pfemediiated murder TO make il capital offence;
L otherwise the killing was murder in the second
degree, punishable by imprisonment II there h
any doubt on these points, you must give that
doubt TO tie prisoner He was saii fed that the
Jury viii not allow any outside excitement to ef
lect them--that they will do their duty faithfully
and imparually,
Botts impressively addressed the Jury saying
that the case before them was an unusual one and
IA many respects such az has before been unknown
Il was Jury trial calling for calm, unimpassioned
delberation, ald not seizing upon loose statements
TO induce conviction. The Jury must be morally
above all prejudices and influences, aud deliberate
al al a..
the missitn Of the law il not 10 wreak vengeance
and that the majesty Of The law is best maintained
when Judges Counsel aud Jury rise above these
Influences The burtheu Of proof Is on the Com
mopwealth, and If she fail to suhstaniiate her
charges, you are bound TO DO your duty impartial
ly, aad find your verdict on The law and testimony
that the Commonwealth may be able t. present
you
lie then proceeded TO go over The samo grounds
taken by Green On each Of the three points of in
dotment-treason, Insured on, and murder. He
said-stis no difference bow much Jury may be
oonyisced in their own minds Of the guilt OF the
prisoner It is essential that they must have proof
Of positive guilt
Bolts eviuced o determination TO avail himself
Of every advantage that the law allows aud do his
duty TO the prisoner earnestly and faithfully. II
was due TO the prisoner 10 state that he believed
himself to be actuated by the highest aud noblcs
feelings that ever cOursed through human breast
His instructions were to destroy neither property
uut lilo' Aheg "oulu prove Dy thCse gentlemen,
who were prHone 3 that they were treated with
respect and that they were kept in position Of
safety and that no violence was offered to them.-
These facts must bo taken into cons ideraiion and
have their due weight with the Jury.
Twenty -four Jurymsn, mostly farmers from
distance, some owning a few slaves, were called
competent Jurors. Out of these tho counsel for
prisoner struck of eight and then twelve were ses
lecttd by ballot from the remaining lG as follows
Richard Timborlay, Joseph Myers, Thomas
Watson, jr, Isaac Dost, John @. Mcclure, viii,
liam Rightson, Jacob j. Miller, Thomas Osborne
Geo w. Boyer, John @. Wiltshire, Geo. w. Topp,
and VIM. A. Martin.
The Jury were not sworn on the case, Tut the
Judge charged them not to converse upon the
case nor to permit others TO converse with them.
Jno Copeland, mulatto prisoner from Oberlir,
Ohio, has made lull confession to the United State
Manhai. lie has given the names Of parties AT
Oborin who induced him to 90 to IIarper's Ferry,
and furnished money for his expenses, &c. lie
also states that movement Of a similar character
was contemplated in Kentucky about the same
time.
Many persons in Northern Ohio, whose names
have heretofore been mentioned, are directly i'm
picated. His confession is withheld f ON the pub,
lie until the trial is over, by order Of Gov. Wise.
Mr.. johnson was shown to-day rye number
Of letters duplicating a. Smith and a number OF
prominent men at oberlin, Cleveland, aud other
Among the lstters, Is one signed Horace Gree.
ley Il Co., that had closed S4l for seven letter.
from Kansas and two from Ohio; it was directed
TO j. ii. Kagi, one of the killed, but as be had
been corresI ondent to the Tribune and this let
ter bad evidently enclosed his pay. Another lot
ter from Capt Brown to his son, dated April 10Th,
1859, details visit to Gorrett Smith at Petersbo>
70, which tho writer regarded highly ,ncournging;
that Smith gave him 100, and that hc also re
ceved at his house a note that he considered good
for S200 more; also, that Smith had written HIS
friends East that 81 600 must be raised for Brown
Of which he would furnish one fifth himselG there
is also u notice Of draft from the Cashier Of the
New York State Bank, sent him by direction of
Gerret Smith, dated Albany, Aug 20, 1852
Marshal johnson o so has list of officers Of
the Provincial Government, and list Of con.
tnbutors to the project. Marshal johnson left
tor Cleveland last evening, taking copies with
him.
The examination made by Marshal johnson
settles the fact that this movement had been
long maturing Many prominent men in the
Northern States have given money and inilu.
cnce in its behalf, aud when the facts arc made
public, sensation may be expected.
Mr. Hunter responded 10 Mr. Bolts Bpeecb