Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-11-11

chufht up ma echOeu lrJm hlll-tOp 70 hiu-tOp,
aod from mountain TO mountain, but that they
died away within these walls When the
counsel for the State was driven to this argu
ment he was dryeutO 10 despair, and there loave
Z him.
Ia the second count, as 1 have said, the de-
fendant is charged with melting slaves to rebel
and make insurrection and conspiring with
others 10 induos them to rebel and make insIr-
rection Here you should make the same die
hnelon as 10 regard 20 Treason. There is
mapiiest distinction btween stealing slaves, or
incitirg them tC run away and MEETING them
10 make insurrectian OF rebellion What is
meant by rebellion aud insurrection on ihe part
Of slayesl II means rising up against their
masters, not a running away from their mas
ters, though freedom may be the ultimate OBJ
ject in both cases. II means a rising up
against their masters, against the whites. II
con emplates riot rOpne, robbery, murder,
arson and allthe anarchy and crime which fol-
low an insurrection and more especially a ser
vile insurrection, Now what are the facts bearing
on this part Of the easel Ihave not time TO dis.
cuss them. Bet ask yoU, when you retire 10 your
room, TO enqs'suuuShg yourselves Whst WI
ness has tesuGed of aURht proving that Brown
or any Of bis asso states ssid Une word, to any
one slave, TO induce him TO rise in rebellion
cay TO you no such proof exsts. II is not in
the case. Nor lie such proof found in their
acts. The law in the case OF rebellion by
slaves is similar to the law in the case Of Trea-
son by whites. The resisting OF the authority
of the State by slaves to prevent their recap
ture after they have escaped, or by slaves as.
: sisted by whits persons, though in making this
7 resistance they take life, is rot rebellion. The
law provides punishment for this, but it is not
+ the n,lty due to rebellion and insuuection
. This Is all that WAS done here, and, upon the
y pioOl, Il e defendant cannot be convicted under
j ths I'll -I..t el,a ,.E
Browns party was III what | said on The sub
y ject Of IRE son, aud there is no evidence IN
p conflict with that view Of the case.
la apply ing tho evidence to tnis count, de
sire YOU to consider the phraaeology OF your
i statute The language is, cunsplring with
It slaves" &o., to rebel and make iusurrection-
= To con-pre means TO agree, to act in concert
e To advise, to urge, to command, TO put woap
u ons into the hands of slave, 10 not conApr
acy, uness the slave voluntarily participates in
e the transaction or consents and aprpes so TO
e participate Unless there ID proof of conspira
'e c., as thus defined, the State III asst fail under
Ie this specification in the second count. l ask
le again where is that proof To be found! aud
I how can you lind the defendant guilty of con.
IN spring with others to induce slaves to rebel
q, and make insurrection, when not only their
v, own declarations, put in evidence by the State,
10 but all their acts, show that their intention
y was to run their slaves away from their mas
q ters and from the State!
= The other crime charged against the defend
- ant Is murdorin in the first degree. Ia your code
% there are nine specifications of murder Ia the
first degree Tue nrst four are killing by
poison, iJ ing in watt imprisonment, starving,
all being for Intentional killing The last four
"A are for killing, ,unntentionay, while the slayer
~ is in the commission Of, or the attempt to com.
~ mt rape, srs1n, robbery or burglary. Tue
fafan e a,.ith ott
" of these eight modes, and ifhe had been, there
- would have been a total failure of proof to sus
=, tain the charge. He is CHARGED with killing of
~ wilfu deliberate and premodItated malice
"a U nder this count you cannot convict the de-
y. y, fendant of murder in the Gtst degree unless
ba the killing was premedtated, but only Of mur
va der in the second degree.
v, insist that the circumstances are such az
,e utterly to preclude the idea of premeditation
m You do not believe that the affair at Harperi
as Ferry was planned for the purpose of commit
ON ting murder. The deaths which there ensueC
cir we've the result of the conflict between then
ls. aud those seeking TO arrest them, when there
is. wss Eeither time nor opportunity for thai
,ly thought reflection, deliberations which the Law
rat requires prerequisite to the crime of muT
ire der in the first degree. The defendant and hi
,te associates being in the wrong, resisting tn,
a ofiiceTs Of tue State. chargeable with thes,
nr second degree, the punishment for which il
,h. by imprisonment in the Ptnitentiary for a tern
is not exceeding eighteen years. One negro Ta
eal shot early IN the morning, before the oontlic
,ey began But how it happened or by whom |
rn. was done we do not know, for the proof doe
lut not nfurm us | can only say in regard t.
ly that, as my client says tc me, "Why should W
nj shoot negrol That was not our object"
do not believe, you do not believe, there
-. in ha VII auth oil IA.
en-, lieve, that old john Brown shot or caused thi
to negro to be shot from malice, or that il wa
oy. done Intentionally. All the proof leads you I
Do. the opposite conclusion. The only verdi,
ted therefore which you can render against th
to defendant, if you arc governed 10y the evidence
ent II that of mIrder in the second degree,
. is Do you ask me if l would have this ma
.ed. after all that has huppened, convicted only
raj an offence which will subject him to punish
J 1t meEt by imprisonment in the penitentIaryi
to answer, II tho evidence under your law warrant
hls no other verdict, most emphatcally yes A
: OF | ask OF you is that he be charged tried an
OF convicted according to your own laws. vi
II ginia has made laws to protect her cit Eena.-
the She has hedgtd them Tounl with laws which st
be has deemed ample for the protection # ii
ust lives OF her citizens and Of their property, an
met especially ol that description Of property
ives which the defendant has sought TO cepTi,
and them II the punishment now provided be u'
tied severe enough, if the remedies for seeuun
aud punishment are not ample, increase your Pur
OF ishment and enlarge your remedies II yoI
six rights, your interests. your property, yot
ntil lives, are not filciently protected, III
the grand old commonwealth has certainly pow
to enact laws that will sufficiently protect ther
lph. But that power is to be exercised by tho Lcg
nee lAture. not by jury, And even the Legislu
loic ture can pass no az post Jdeto law, by which
), in man can be punished in any other way than
late provided by the laws in force at tho time the
any legged offence is committed Much less can
tion Jury c,nvici because they think there shou
al be laws different from those which the Legsl
tioD ture has proyided-ss you will do if you co
any Wet this defendant OF any thing more thi
eed. murder 10 the second degree We can Tigh
but fully punish no man but 10y virtue of the Ia
lson as il exists at the time the alleged offence
10 ~ committed To oil auoh laws the defendant
o is amenable. He is guilty Of stealing slaves, b
'dm for that, the death penalty has not yet he
our provided. Frame your indictment against hi
not for that, and you can convict him by his q
fact mission made with WhomsOeyer he has co
r the versed on the subject, lie will not put you
-ogi the trouble Of even proving them, but the n
nrrs ment il is read 70 him he will plead guilty a
II is submit 10 the penalty without murmur
ives knew he subjected himself 10 this penalty VIII
fact, he came among you to abduct your slaves,
the But contemplating no other violation
WED your law than this, he demands that pu
ates, ishment shall only be awarded 10 him for /
low offences actually committed. Public senlim,
the may demand his immoaton whether he
ad- gully or not, but the public safety docs not
-. 4. l..