Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-11-04
TRIAL OF THE HARPER's FERRY INSURGENTS.
IN JEFFERSON COUNTY CIRCUIT C0tRTl
JruCE rNTsEG PEE.inIN'.
Conviction Of Captain Brown
TRIAL OK: COPPIsE COMMENCED.

IiIAL OK S+A
cG,IYsrowS, Oct. 81, 1859.
~. ,our, me, nj O'Clock. The prisoner was brought
IN ,,I m. trial proceeded without delay. brown looks
n"-Irr ;han heretofore, and hi health = evidently iinrrov'
inr. lie laid an lis bed, a. usual; The c"Hr''''u'c nt"ihs
arrr"aci,s wrsc den.rly crowded.
sP.HrsG T"E rTE plTrNrf.
Mr.. ,;ri.goId opened Tor The defence, taking up the -cTc.
raj charges Of the indictment, and replying 10 She points
mad In the opciins Argument Of the prosecution. lie al
lu!e,l I" the peculiar circumstances surrounding the pre-,
sent case, aud hoped the jury would sIH" u 'he!r Gala anu
di.pa.-i"naic attention, d!St-iinG, as 'r a. possible, ihtIf
mind, from all prejudice, and di.rcrari!ng out.idr IN.
lrcnrc>. The prisoner was cat!'Ied 10 an impartial trial
under The laws Of Nirgia!a, and lc, him BE- acquitted or
convicted according 10 'h",c!aw> and the evidence gwen
ia the case.
prisoner Mr.. GTi,aulI argued that Brown could n"; he
guilty Of treason a. he was lO' a cihEei! "i this Common.
wealth, ANA none Int i citizen Of the Commonwealth could
commit treason: never having sworn allegiance TO virginia,
he could not he q rchel against her authority. lie WA AIS"
charged Niihlerying war ng ,ihst :he Stale, hm' III" cN!'icnce
given did hot support the charge. There va, = great .I'
ference between lrvying war aud resisting authority. Mth
cnn2rcgaic together 10 pcrpeifa!e crime ana nave thr''
rules an'i regulations, and when a-Nal!rd 'hrS defend 'h'''
lives to The Misunderstanding: aud inicndil: 10 sacrifice
thr Hives of otIrrs; but that was resistance, not lrvyine war
lie would not shrink from the admission, and the prisoner
openly admitted II. that these men came for the purpose OF
running away slaves. Tha, wa. thc crime, under the law
Of Virginia. Tor Nhicl, the prisoner was arncnsblr 10 pun.
ishmcni 10 the extent Of those law. In carrying out thai
purpose he temporarily TOOK possession OF I'll" hrscmtI III
Harper Ferry, and while there attempts we're made !"
arrest him. VT. Gri,w"ld hal Il" complaint TO make anoui
that, bat It vs.. in resisting those attempts ih'' HIS h!o"i
was .hcd anil lives taken. anL net III i"vIins war a2.h''
the Commonwealth. /; Wa, resisting that which ~as riIit.
cd 10 r". the LEGAL authority Of virginia seeking IN arfr''
those men assembled ia violation Of law.
such thing, have often ~happrIcd. Ja!I> have been h:"'
ken open. aud men :atrn thence and executed III defiance
e! las, after being acquitted 10y I jury Of t'rlr c"iHir!
mru. and ihr i'.'yrg 81 tine Sheriff ;Tamfl'G u''l'r io"i-
Neither .Io,. II cc..arKcuu.liu lryyimg wag Il nug.i-T
"I-t:' s.; h''ausc III" commission 81 The uNtnc", or ''edi'"I
Of blood, may not have been contemplated. i - -Aii'
here Wa Az organized movement. aHd . pamphlet i NJ,
frrr'i - rs evidence e! hat fact. Ten; u d"'' not nrr.,.iit
ioii"" HAT Tie "'r.ihF"" al tl' ,.ai'''''" ea'., -! vi.
sinia wa, contemplated hy anything That appeared III that
Juuh. ll.r mn-t Harmless Organizations in The r"u"ir!
have been create! viii all 'hc outside IpfHe ana ''arulhc
- "i government. In debating societies g"Net"@tn'S have
been established, u congress created resolutions aud 'A""
discussed. and any one rrlGiuc the bulletins ui these H>-p.
citations. and Knowing roIliur about lL"ia. would -uppo'r
them mi.il'uTr governments, organize! within 'hc !i'liS -.
rNisrin. governments. NJ matter what names, wiIi Off
cv:, th,y may have, That ui ir.c;i, not sufficient. Bands
"f r"blrrs or dc.Pvrdl"u. have their rIlcs an! regulations,
their "giccrs, an! thHy has" rrr-'fiIrd "rIti 2, . punish
imply HAT they contemplate The overthrow o! tie !r.ri'
mate government. Iii. only an association and govern
mynt u control 'hc'n'elyTs IN ;'eiF i'"eir""''e "''' '''l'
Other.
lie further argued ;Il, the jury could not fni Captain
Iyown guilty of treason uElcs. they find him guilt! 81 AGO
eating win "'H-fs Il" o'Gahhr 4 rnt'thti't' 70 '.p'"''
and overthrow the government q Virginia. Hat IL TIL
pamphlet proved anything II slows that The attempt vast"
orSaail" a government IN opposition 10 The government al
the United state, Az! NOT 81 virginia, Tor NJ! TIE '''Li>
used and all officer. appointed hIv" reference 10 4 .p'"rH-
men, Ike that OF The United STATES. Ii' il; va. in vague.
unulcauirr lAu:uaE". which really prove. nothing At III
However. there wa- "a clause IL II which mn'i i" taken,
for !; va, all IN evidence, mlS!ns = distinct ana i"'!'i'c
iN'NHhs AHlA - 80 ." ~ '''Af ~ '' "''
or STATE governments. hut ,iHlly amendment Hhi repeal OF
obunNioU- laws IN - constitutional manner
The learned attorney who opened the case seemed Ia omit
Ills ground entirely. Not even so'"G over We '''''Hec' t'
show wherein TIL, treason Wa proved, he laid 'hc prisoner
was guilty OF giving aid and comfort :" the enemies" 81 The
Commonwealth, and that wa. The only specification he
made, charging. the defendant viii treason. lie was not
surprised 10 hear thu; gentleman burst i.r'h in such . sub
lime apu>troyhe To- freedom Ia terms aud language and with
an action 0f sued .urpassir. cI"pu-nc- rin; ~ one need
he told LC had received hi-iJsiir4iiUE In the land that ifns
The a.itrs al ra,ric. Henry. lie alluded al.o to ihr. ,a,in.
ui.iu l.-Yll,fv .n- Ia. ITB~,suign who Hal brought mo
lis remarks the Gi,Icyciri tT.s.cs 81 q frightened beauty,
and ~. rrnc,.I.l 10 ti.r.,, lh. cEar.c ri ron-plrin: with
slave. H.. said there vas q maTi'',: distinction between
an effort to RIM of slaves or steal slave, aGi coiSitrins +"
induce them To rebel. Rebellion and irsUrrccijcn wa u RI
la. w, not 10 .uu away, although freedom might lee I'll"
ultimate object. hGt u rising NJ against lh':r i"''ter',
a:alu,l the whites. n:ains; the >;air. 1t contemplate IA
pine, murder, arson and all crimes which i"lo' IN ii''ur'
rc"iicu, more especially 4 scrvilc in.uIr"ctioE.
The question was A. 10 the object an! ia" intention 81 the
pafiIr-. Has any nan testified austt going 10 'ho" that
Brown or any one with him said or did oEc 'Hins 10 induce
any sIlg,. ~ RE Ia rebellion: or i,"Tpv!ra'c any offence
on, n .hich rebellion grows: Slaves were taken posse
ion of for = temporary purpose and placed 1T the ar--nal;
Lri Col. W..aiu.taE. who knew more about il ,liaH any
other wi,Ur.-. testified that not Il slave took part in the
matter except Phil, WHO, a; 'hc suggestion II tie prisoner,
1iicmp, Ell 30 Irli port hol'. in the engine hOU.,. That Was
not done for he purpose % i.sUrr,C;i"n or rebellion, h.'io
pro;cr. themselves. True, they were crsasrd III anw"ia"
ri act, Vat 1t was not the ac, charged. T""y wer" aIne-
nabir to punishment, hr; not as indicted. They ar" pun
I,iahic Ia .pG. ways, hu; not = charged.
Here rhc COUNSEL proceeded To consider the CONT chars.
ius murder IN the ir.t degree. iii. was "a rrin" involving
prrmcdirat"l inuricE, bat hc argued 'hl' no such malice
had been .aoNm. firsi, Haywood was killed. llo% Il hap.
rcn,d nobody knows. II va. done in TIE ,i1rh. Whether
il ~, an accidental or An Intentional KILN. docs not a-
near IN the evidence, or 10y whom II Was committed. Per
lan. thc.c m,a were guilty oftha' Killing Ia .ome form. but
i, va. no. proved 1" ic murder ia Ia. if,; degree, Or from
deliberate, lr.mrnitaicd malice. lie could only SAY, A.
Brown >,it to him, " why should We shoot . Negro; that
va, not our object lie dill not Justly these men in stay.
Ing there and RESTING the authority of tie country, bat h-
said they wer" her. protecting themselves from arrest.
Guns were fired In all directions, and they fired, or intend
cd 10 fire only on armed men. Without; cNcnsin: thh' con
duct log one moment, he would remark that II r'intri Tie
idea Of prem"hitatcd malice. lt"y had not TIME Tor ~,
though, and reflection which the law couicinpiatcs-n"'
iha, he would say these urn .houil 10" allowed T." come
within The Commoawcal'h oi Virginia, pcTrr,ra:c these
crimes, atl go ~unvhipt Of ju-tice-hu: charge and convict
,hrnI ,cc,riin. to their own law. Virginia has laws AMI
Institutions >alic!,u: for her protection, ana 'ht has
thrown over the lives Of her citizens every sale.
Sh- la. ~IaaGclaw- necessary for the protection "i proper
~, AMI ia. punishment % those wh" deprive Owners oft.
Il Is the hoa,t "f oar institutions Ma; 10 man can be pun
ishel beyond what the 10" require, anu II NE ~" Ish"'
enough, within the Legislature rests the proper
remedy. Capt. Grown knew hr VA committing an Offence
against the laws Tor ;hc protection Of slave property. lie
has repeatedly confessed il, and j. willing I" abide The c"i'
sequcncr--bu, indic' lin for thai offence, and don con
yici lin q. an offence he never dreamed - committing
Nothing In the circumstances surrounding tEl' case de-
man!s such \ course 81 procedure. The ruDJc safety does
not require him Ia he punished contrary 4" Law. " /" man
Of ,l,. inGon:tab.e cnerry anl perseverance Of Captain
brown could bc engaged Tor Use months prosecuting -uch
an enterprise, and oGly gather throughout The United state
iw.uiv.nuc mrn-LlaCs and W!Hi.-Whcn tier" Sas LD-
thing in ~. world 20 oppose him, los, IN Heaven name.
eau It lee supposed, with him aud al hs Companions struck
down In" South AWAKE, ana every lnuS on i"1 '!ttl I"r en-
icrlri.c, of'his Kind, thu; there i!Ee rein"ic>t danger "i
another scheme akin 10 this II l.. hardly necessary to
nIah. ihc." remarks. IiTU-ihchG'! 81 'h' j!iN zone h''i
to AL outside influence.
TIr ,Ly..caI courage 81 ;llo.e Sho -urpr.s-cl rhr in-ar-
rcciioi had been highly commended, but moral courage
was superior, and That courage which can Tcsl,; prejudice
and nlssion. Let sirupl. Justice The. De- mCiCd out y" TIE
prisoner. lie a.Ecd no NOR. lie called "n TIE jury - pre-.
scry- their oarhs intact arI their honor untarni,hci, and
the reputation Il the Commonwealth Tor justice. magma
ni.n,iy and chiyalTy uis'inct.
Mr. ,;riswo!l closed hi. speech by aging, on behalf Of
4 A. 49,. .-a.s.'. O.. : %, q. IA rf,', .
of The evidence given on the trial, but he deemed il =
wonder, unIcr the Circumstances, ;hat The iriii' shonid
have been - fully developed as it has been. lie - eciaiy
bore honorable testimony to the %condnr: of Captain S'En'
vino voluntarily came from another stale imply Tor tue
purpose o: d'!ns Justice.
undcr,ook The rs.". IL intended =" d" H. GHty f'iili:'ly,
and had come 10 deal with the prisoner. NO; a. CEr'. Er""i,
the leader Of this !orny, hut simply a. prisoner under me
charrc Il violating the iaw. Il tina. law did not rarThnt
nj, conviction, he .honli cndcay"r 10 mak" that appear to
the Jury; sru, lie would say he had no sympathy With the
,,i.yn:r III. birth and r,siIenc" until a icT years past
had been IN Virginia, IN connection WIZ NE institution OF
sI.r.,y ,I,...rit non. q resident Of the District Of CoiUIu.
ba IA, hal returned 10 lis native State 10 srrii The remain
Of his iays. aul mngir lis di~. W!ii her soil. NJ
other motive operated o.. him i!an 'nat Of disclrarGinsa
Li,in;crcstcG duty faithfully. lie regretted only the excite
Iuent rcspertin. the case. lie wa glad "a hear the 'gl;e
say on s.in.Gay that L. Il sired TO Try tbs case precisely
like othe:.. lie desired, 'ic whole s'.'e anu Tue mno.5
South desired that the Trial should be" y fHir one. ithah
been fair, circumstances, had interrupted IT, rFoSrs..-
Counsel were here without proper preparation, but inaGI.
reuce had been granted and they made no complaint. They
.hould do the hest they could under the circumstances, and
could no. complain OF the excitement. lt"a' natural, hut
he hoped Il would otin,crfrrc with the course Of justice, ar
cas-, A stain ON the honor " the state. Til" jury had been
sworn Thai they were unbiased, AMI lie presumed they
wou,I gimly discharge their cath. arl rrrri"F y verdict in
accordance with the evidence.
lie comb moi understand from the opening address n
the prosecution, on what ground these charges against the
prisoner were attrrH;icl to be sustained. The Common
wealth. attorney had INDUCED In 4 strain OF abuse of the
prisoner and pronounced scricnc: on him without waiting
10. the Verde; % the jury. thus ~GsuTTi"g the place OF The
Jrdsc. There were three distinct char-r.-fr.t oftrcason:
TLi, vasa an offence a, common Law. The word il derived
from a French word. ,isniiyin. betrayal. Treason mcln-
BETRAYAL Of tru-: or confidence. The violation OF Elrliy
or allcg!anc. 20 the Commonwealth. lie maintained that
treason could not lee committed against the Commonwealth
cxcrr: by a citizen thereof. ~ the present case, The
whole proof shows This prisoner Is not u citizen OF Virginia,
and therefore clnur; he found guilty OF treason.
The Indictment charges In" prisoners with committing
every act comprising treason. They are charged with
Iryyiur wlr a.ains: Tie State and exciting slaves {" In
80 -. ..--. --.- un Ir-cI I'LL ih-Y cnuLulii.l :