The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1859-12-02
John Browns Last Appeal to Court.

On Saturday last, John Brown, by counsel,
mado bis last appeal IN Virginia tribunal.
Within a few hours timc, tho FIVE Judges of
tho Supreme Court of Appeals uttered their
unanimous opinion that tho judgment OF
tho jefferson County Court, under which
this old man awaits death BY hanging on the
I'd day OF December, was right; and there.
fore thoy douied his petition for writ of
error.
Tho indictment upon which Brown was
tried contained four courts-for treason,
for advising and conspiring with slaves and
others to rebel. and for murder. Charged
Jointly with others, he was tried alohe.-
Ono general judgment of death was entered
upon tho whole of IL.
Tho grounds of his application for writ
OF error wero few. llo claimed, first, that
the Judgment against him was erroneous,
because it was not averred in the treason
count, that at tho tmo of tho offcnse
charged, he was citizen of the State of
Virginia or the United States. Tho law is
well settled that treason is a breach of allie.
glance. and can be committed only by ono
who owes allegiance, either temporary or
perpetual. Brown appealed to the Court,
tina. if the judgement against him on al the
counts, including this defective ono OF trca.
son. was to stand, he would be put out OF
all possible reach of tho Executive clemency.
That clemency could havo reached him, on
the contrary, if the judgment had only been
Oh tho other counts of tho indictment.
Secondly, be claimed that tho judgment
under which no now awaits death was orro-
neous, in that tho Court below denied ms
application that the prosecution DO man2 10
elect somo ono count upon which to try MN,
and abandon the rest. Ho was entitled :"
that election First: Because tho cffenso OF
treason is not pardonablo by tho Governor
OF Virginia, and therefore count charging
it should not have been united in an indict-
mcnt with counts for offensos that arc par
donablo. Second: Because tho punish
mont upon conviction upon each of the
counts was not necessarily tho same that
while it was inevitably capital upon ono of
them, upon tho others ho might have been
found guilty only of misdcmcanor, Or OF
simple manslaughter.
Thirdly. he insisted that tho Court below
should have instructed the Jury that if they
beloved, from evidence, that Mt tho timo of
tho committing of tho acts charged in tho
count for treason no was not u citizen Of
Virginia. but OF another State, he could not
be convicted under it.
Fourthly, he claimed that the finding by
the Jury upon the counts for conspiring
with slaves to rebel, and for killing -four
white men and Que free negro, in manner
and form as aforesaid" was too uncetain
and nconsisant to warrant Judgment OF
death.
Briefly, and without any delay painful to
tho tense expectation of tho Virginia mind,
did tho fivo judges OF tho Appeal Court say
to John Brown, through his counsel, '"Thc
judgment under which you arc 10 be hung
by tho neck until you are dead, is plainly
right" Ills counsel, Messrs. Chiffon and
Green, were not allowed to be heard.
From this decision Of tho Virginia Judges
an appeal of Browns case has already been
taken to tho high court of Public Opinion
in America What the Judgment Of that
august tribunal will be, time will show. Ii
will. however, in all probability, not be
finally rendered until after Brown is dead
and buried. ~. Y. Tribune.