New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-01

ofen1er should be citizen according to our ~ stem OF
government, and the complicated machinery OF cue
raj and Stale Governments. under which we hVe' IN
come rejects we are unfortunately bound TO reeos
nize a. citizens Of Virginia those who nave proven
themselves within our bordlrs, 81 IN THIS case anu
without them. pa in other-, desdliest enemies.
The Constitution of the United States provides tnh'
czens Of each Stale slall he entitled 70 all the nmu
Mite. Of citizens of the several States. Brown came
here with tire irnnune- given by the Constitution. lie
did not cone Invested Of the responsibilities belonging
~ tho iuuuul,ie-. let the word treason mean
breach Of trust and did be not beiray thai trust Win
which, A. q citizen, he Is invested when WITHIN our
border Rv the Federal Constitution, he was cu-
zen when be war here and did that bond OK unioh-
wI ob nav ul;inael, prove q bad bond to " N the
SutL-aliow him 20 come into the bosOm Of The Com
uoryyealth with the deadly purpose Of applying the
torch to our buildings and shedding the blood OF our
ctzeL-. Again, our code defines who are citizens Vi
yirpria AZ al those white persons born IN any Other
State Of this Union who may become residents mere:
Tie evidence in fhis shows, without shade" %
a question TIA; when this man came 10 virginia anu
planted hi. feet on HarTers Ferry, he came there 10
reside and hold the place permanently i Irue ta
be occupied farm four or five miles on IN MA aii
short tine since bur not FOR the legitimate purpose OF
e,tabishirg hi- domic there II was for the neiarios
purpo-e If ralying forces into this COMMUNICATE
and establish himself az Harpers Ferry a. starting
POINT for q Government. Whatever wa,
whether tragical, farccal and ridiculous az us
council has presented IL, his conduct showed II his
declarations were insufficient that was not alone or
the urrpose Of carrying off slaves that he came tnere
Hi- Provisional Government Was real thing ana ~
debating -ocetv "a his counsel would have u believe
and in holding office under IL, and exercising ~ nhc
tiops be was clearly guilty OF treason Inc fo'n
lection has been referred to- ~ shown y was no'
reasonable, but be supposed tha' that meant l. .e
new Government 10 lie union Of separate States
Ike the Present with the difference that all We're to
be free Saie-. Tie whole document must be taken
together. The property Of Shareholders wa- 70 De
confined all over tie South and any man found IN
arns was 10 lie shot down. Their conduct at liarpers
Ferry looked Ike insanity. but there was TOO
mreh method in Browns madness. HIS purposes
were too well matured, and be and his
,artv declared there thousand, m tine NORTH
ready 10 ION them. While the Jury are TO take the
whole declaration the law books expressly declare
they NAV reject ii they good cause TO DO 80, that
which would extenuate the guilt Of the prisoner.
They are bound consider IL; that's all. AZ To con-
srirey with the -aves ana rebel, the law says the
Irsoners are equally guilty whether inrurrecilon y
made or not. Advice NAV be gwen by actions a. well
a. wo.d,. When YOU put pixies IN the hands oi me
ay.s and have tleir masterr captive that Is advice
10 slaves 10 rebel and punishable with DEATH Inc
law does not require POSITIVE evidence, nut ohlY
enough remove every reasonable doubt AZ 10 the
guilt OF the vaTiy. Sometimes crcum-taal evidence
Z the STRONGEST kind Cor witnesses may peCure them
selves or be mistaken. The defence say We don
know who killed the negro Hayward; that Brown did
do II because there "as no Object, Du' 'hat IL wa
dark ard the snpposon is that Haywood was killed
Lv mistake They say Brown shot no unarrncd men,
hut Beckhan was killed when unarmed,
and therefore, be thought the whole case
had been proved ny the mars OF arg'iheh''
With regard 10 malice the law was that If the party per-
netrating felony undesignedy takes life, it Is con-
elusive proof malice. II Brown was only Intending
TO steal negroes and in doing took life, IT was muir
der with malice preleuse. SO the Law expressly lays
down that killing committed in resisting officers at
tempting to Guell riot. arrest the perpetrior OF
criminal oiense, is murder in the frst degree Then
what need all tits delay the proof that Brown treated
al his prisoners with enlty and did not want 10 shed
| blood Brown was not mailman, 10 shed blood when
he knew the penaliy for dong was his own lie In
tie openng he had sense enough 10 know better than
that but wanted the citizens of Virginia calmly 10
hold arIrs and let him usurp the government manum
| our slaves, conf-cate the property OF saveh0id-
| err and wthOuta drawing a trigger or shedding
blood permit him to take possession OF the Common
| woeatI aud make ii another fiayt Sueh an idea Is
too abhoYrent to pursue. So too the idea that Brown
| sled blood only in sef-deiense WAS too abb
! surd to require argument. He glorles IN COM
! ING here to violate our laws and says, he
| had counted the cost knew what be was about
| and was ready 10 abide the consequences. That
proves malice. Thus, admitting everything charged,
lie knew his life forfeited II he Jailed Ihen Is
no, the case made ont beyond all reasonabe uonp',
even beyond any unreasonable doubt INDUCED IN ny
the widest fanatic. We iherefoie ask s con'istoh
| 10 yndicate the majesty Of the law. Whne We nave
patiently borne delays az well mere as ousiue ~ w tne
community in preservation of the character oil VII.
oinia that rumes itself it, moral character az well
AS rhyeical and its LOYALTY, and lts devotion 10
| truth and right We ask you to discard everything
el,e and render your verdict Won are sworn TO no.
A. HE administrators of civil jurisdiction ask no
more than il is your duty 10 do-no less Justice Is
The ceuler upop wnen mt Dthy 'ss:1 I'Srefs ia'1I
other column which represents lis mercy. You have
nothing to do with that. Ii stands firmly on the col
uuu of Justice Administer II according to your law |
acouit the prsouer if yoI canbu If justice requires
Won by your verdict to take his lie, stand by that coll
nrp nrrghtly hut strongly and let retrbuiye lisce
if he il guilty send him before that Maker VINO VIII
settle the question forever and ever.
Mr. Hunter closed at / O'Clock.
During most OF the arguments to-day, Brown lay
on his back, " iih HE eyes closed.
Mr. CHGToS asked the Court to instruct the jury,
if they believe the prisoner was not citizen OF VIZ
enia but OF another State, they cannot CONVICT on
count of treason M,
Tie Court declined, saying the Constitution did not
give rights and mmuites alone, but also imposed re-
sponsibiles. H.. a.,
tia, the Jury must be satisfied that the place where
the oiense was committed was within the boundaries
of Jefferson County which the Court granted
A recess was taken up FOR half an hour, wheh the
JuIy came in with verdict.
There WAS intense excitement.
Brown sat mp in bed, while the 'eruie' was ici-
dered. ,...,
The Jury found him guilty OF treason advising and
co,.riring with slaves and others 10 rebel, ana Tor
murder in the first degree. ,
Brown Law down quickly and said nothing.
There was 10 demonstration OF any kind
Mr.. CBlToS moved an arrest Of Judgment, both on
account of errors in the indictment and errors IN the
verdict. The objection IN regard 10 the Llu h,-
u,ut has already been stated. The prisoner hi's
been tried fer AN ofen-e not appearing on the recoru
of the Grand Iury-the verdict not on eich count
.erora,elv. but Wa "a genera! verdict on the whoe
indctYent.
Confession OF Copeland.
CLryELASD. Monday, Oct. 81, 1913.