The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-10-28

| the Court uld not aC once deem this clfcum
stance wholly insufficient before the decision
was made, the counsel for tho Commonwealth
deemed it their duty to call attention to two
or three matters connected with the affair.
Though desirous to avoid forestallng the trial
Of this case, In regard to the present prisoner
at the bar, they were prepared to prove that be
had made open, repeated and constant ac-
acknowledgement of everything charged against
him. He had gloried in it, and we have but
an exhibition of the same spirit and the same
purpose in what he announced, that he would
permit no defense of insanity to be put in.
The point was fully discussed by the counsel
on both sides. The Court stated that he must
see it in this case as in any other, that proper
cause for delay was made out before granting
such an application. In the present case he
could not sec that this telegram gave any as
surance that the additional counsel intended
to come. The prisoner is now defended by
those who will take care that no improper ev-
idence is adduced against him and that all
proper evidence in his behalf shall be pre-
sented He could not see that proper cause
for delay was made out. The expected coun-
sci might arrive before the case was closed
and could then see all the testimony taken /;
thus the prisoner might have the benefit of
their advice, although the case now proceeds.
As to the matter of insanity, it was not pre-
sented in reliable form instead of mere state
ments, we should have atfidavits or something
of that character. He thought, therefore,
that the jury should be sworn and the trial
proceed. The jury having been sworn, the
Court directed that the prisoner might forego
the form of standing while arraigned II he
desired. Bolts put the inquiry to the prison
er, and he continued to be PROSTATE in his
cot, while long Indictment, filing seven
pages, was read--frst for insurrection, second
treason, aud third murder.
Mr.. Harding addressed the jury and pre-
sented the facts of tho case, detailing the
scenes of the armory; killing the bridge
keeper, and subsequent killing of citizens
named in the indictment; seizing Lewis
Washington and Alstadt, with their slaves;
forming new government within the limits
of the Commonwealth; holding citizens as
prisoners of war, and subsequent capture.
He then read the law on treason; levying war
against the State; giving comfort to its ene
mics, or establishing any other government
within its limits, the punishment of which
was death; also against advising with slave
to produce insurrection, punishable with
DEATH the murder of citizens, a capital Of
fense--either Of the charges of the indct-
ment, if proven, being punishable with
death. All the charges would be distinctly
proven beyond the possibility of doubt. He
would show that the prisoners whole object
was to rob our citizens of their slaves and
carry them off by violence, and was happy
to say, against their wills, all of them hav-
ing escaped and rushed back to their mas
ters the first opportunity. He concluded by
urging the Jury to cast aside oil prejudices,
and to give the prisoners fair and impair
tal trial, and not to allow their hatred of
Abolitionists to influence them against those
who have raised the black flag on the soil of
this Commonwealth.
Mr.. Green, on the part of the prisoners,
gave the law applicable to tho case, reminded
the Jury that they are judges of law and fact,
and that if they have any doubt as to the law
or fact of the guilt of this prisoner they are
to give the prisoner the benefit of such n
doubt. In regard to the first of the charges,
treason, or q specific act of treason, 1t must be
proven that he attempted to establish separ-
ate and distinct government, and it must also
be proven what was proposed on reasonable
acts before you can convict him on those
charges. If it is intended to rely on his con-
fessjons to prove treason, the law distinctly
Gays: No conviction oan be made on confess
sions, unless made in open Court; there must
be sufficient evidence to prove the charge, in
dependent of any confessions out of Court,
and it requires two distinct witnesses to prove
each and any act of treason.
Second-Conspiracy with slaves to rebel and
make insurrectop. The jury must be satisfied
that such conspiring and such conspiracy was
done within the State of Virginia, and within
the jurisdiction of this Court. If done in
Maryland, this Court could not punish the act;
and if done within the limits of the Armory,
at Harper's Ferry, it was not. Attorney Cen
eral Cushing had decided this point, with
regard to the Armory- grounds at Harpers
Ferry, which opinion was read to the jury,
showing that persons residing within the limits
of the Armory cannot even be taxed by Vir-
ginia, and that crimes committed within the
said limits are punishable by the federal
COURTS Although the jury may have doubt
about the law on this subject, they must give
the prisoner the benefit of that doubt; and
upon the last count, that of murder, the crime
having been committed within the limits of
the Armory, this Court has no Jurisdiction; and
as In the case Of Beckham, 1t was committed
on the railroad bridge, and therefore within
the State of Maryland, which State claims
jurisdiction up to the Armory grounds.
Although he may be guilty of murder, it must
be proven that it was willful, deliberate and
premejitated murder 10 make it O capital
offense. If, otherwise, tho killing was murder
in the second degree, it was punishable by
imprisonment.
If there is any doubt ON these points, YOU
must give that doubt to the prisoners. He
was satisfied that the jury will not allow any
outside excitement to affect them, that Ii oy
will do their duty faithfully and impartially.
Mr.. Bolts impressively addressed the Jury,
saying the case before them was an unusual
one, and in many respects such as has before
been unknown. 1t was jury trial calling for
| calm, unimpassioned deliberation, and not
seizing upon loose statements to induce con-
viction. The jury must be morally above all
preiudices and influences, and bearing in mind
that the mission Of tho law is not to wreak VEN
geance, and that the majesty Of the law Is best
maintained when judges, counsel and jury rise
above those influences.
The burden of proof is on the Common
wealth, and if she fails to substantate her
charge you are bound to do your duty i'm
partially, and 6nd your verdict on the law and
testimony that the Commonwealth may be able
to present you. He then proceeded TO 90
over the same grounds taken by Mr.. Green on
each of the three points of Indictment: treason,
insurrection and murder. He said II is no
difference how much the jury may be con-
vinced in their own minds of the guilt Of the
prisoners, it is essential that they must have
proof Of positive guilt. Mr.. Bolts, in review
ing the law bearing on tho case, evinced q
determination to avail himself Of every
advantage that the law allows and do his duty
| To the prisoner earnestly and faithfuIIv tn Ia