American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1859-11-03

BDsaning language. which really proves
DlbiBg at all. However. there was q
suss IN Il which must Be taken, Cor Il
as all 10 evidence. CN ~ /
He referred 70 the distinct and positive
lstement that il was not csnle hblated TO |
ysrlhTow the State Govefumeut. but
imply 70 amend and repeal obnoxious
AVS in =. constitutional manuer. The
earned attorney Wb6 opened the case
sensd to occupy the ground entirely. rot
ven going over the evidence wherein the
Feasoa WAS proved, He said the prisoner
sSp guilty Of giving cid and somfort to the
The CJmuenwealtb. and tha.
wsstbe only specification he made, ehalg-
ing tie defendant with treason. He was
surprised 70 hear that gent'eman burst
t6rih in sueh asubIims Spost6phs 10 Free
dom. in terms and language, and with.
aoliOn ofsucb surprising sloqusnes. that
no one need be told that he received in.
spiration in tie land that urns the ashes
oi Patrick Henry.
He alluded 10 bis distinguished Asso-
oiAie for the prosecution. who had brought
into his remarks the dishevelled tresscs
Of frightened beauty. He proceeded to
consider the charge Of conspiriDg with
slaves. He said that there was mani.
feet distinction between the efforts to run
Of slaves or start slaves. and conspiripg
to induce them 10 rebel.
Rebellion and usurpation was rising up,
not 10 run away, although freedom might
bs the ultimate OBJECT. but rising up
sgaiustthe MATTERS, against the whiteO.
against the State. II contemplate moi
Fapine, murder. arson and all the crimes
Whieh follow insnrrectioD, and more es.
pecialIy servils insursolion. the question
was - 10 the subjsot and inteDtion.. Hal
auy man testified aught going to show
that Brown or any one With him. said Of
did one thing 10 induce any slave to riss
in rebellion or serpstratsd any act out o.
which rebellion grows. The slaves were
taken possession Of for temporary pur
pose, and placed in the arsenal. Col
Washington, who knew more about i
than any other witness, that not slav.
took part 10 the matter except Phil. whC
At the suggestion Of the prisoner. Altemp.
ed to drill . port hole, and that was no
done for the purpose Ofrebsllion and in
suErection. but for protection, True
they were engaged in an unlawful sct
but not the act charged; they are amenia
BILE 10 punishment, but not as indicted
they aIs punishable in some ways but no
AZ charged.
Theirs is not 0. capital ofense. III
here proceeded to consider lbe Court
charging murder 10 the 6rst degree; thi
was orims involving premeditsied murder
but be argued that no such material be,
been shown. First Haywood was kills,
How il ithappsned nobody Knows, IL wa
done 10 lLe dalk, whether BY accident o
intention does not appear in the evideue,
or by whom, ,peThaps these men are guilt,
Of that killing IN some form, but it is no
proved 70 b. murder in the FIRST degree
the result Of deliberate, prsmeditated NAL
CO. He Oould only say as Brown said {,
him. "Why should we shoot negro7"- -
that was not our object. 1
He did not justify these men in staying
then sesistiDg, the authority Of the country
but he said they were projecting them
selves from arrest; guns were fred in sl
directions, and they, fred. or intended Il
IRE. only on armed men,, Without .ex
cusing that conduct for one moment, b
would remark. to refute the idea Of pre-
meditatsd malice. that they bad not tb
time for thought and reflection which tb
law contemplated: no, tina, lie would 90,
that these men should be allowed to siI
against the, common of Virginia
and perpetrate these crimes sad 20 un
whipt oi justice, but charge and convic
them according 10 the law. Virginia be
laws and Institutions sufficient to Ter pro
lection. She has thrown over the 1--we
OF her citizens every safeguard she deem
necessary and essential; has made Law
necessary 10 the protection Other properi,
and the punisLment Of those who deprivl
their owners OF II. Its the boast OF ou
institutions that no man can be punishe,
beyond what the law requires. and IL ,h
law 10 not severe enough. within the Leg
islaturs. rests the proper remedy. Brow
knew that be was committing an oifens
against slave property. he has rspsaiedl
con fsssd Il. and 70 willing 10 abide ,h
consequences; but indici him for that oI
fsnse; don't convict him Of an olfense
never dreamed Of committing.
1 Nothing 10 ibs circumstances OF th
case demands such course Of procedure
public safety don't require him 10 be pun
lshsd contrary 10 the law. I!a tnaa {
indomnitable energy and perseverance,
Brown could be engaged Eve months !
prosecuting such an sRterptiss. and onl
gather throughout the U. s. twenty met
black aud white, when there was nothin
in the world 10 oppose him, how in Hea'
ems name can Il be supposed lhst Wit
, him snd all bis oompaEions struck dowI
the South Aroused. everybody on d
alert Watching enterprises Of this bind, ,thI
there is the remoiest danger that anotht
scheme akin 70 this viii Be started.
II was hardly uecesssry to make thel
} remaIks. The duty Of the jury is 10 4
/ blind 10 all outside prejudices. The ply
. icsl coutsgs Of those who supported ID
/ iosurrso,iop has been highly oommepds'
bu. the moral courage 10 superior; tn
!. which can Fesist pref jadies and psssion.-
/. Let simple justics be done 10 the prisoner
be asked no more. He calls on The jul
4 to preserve the saHctity Of their olhs iDtas
4 honor untsrnishsd, and the reputation
!. tha oommonW wealth for iuatice. .maoua amin