Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-11-01

over the lives Of her citizens every safeguard
she desme necessary and essential, she
made laws necessary 70 the protection Of
her property, aud the punishment Of those
who deprive their owners Of H. Ii Il the
boast Of our institutions that no man can
be punished beyond what the law requires,
and Il the law "a not severe enough, within
the Legislature rests the remedy. Brown
knew that he WAS committing an oHense
against slave property he has repeatedly
confessed 1t, aud is willing 10 abide the con,
Soquences; but indict for that ofense, don't
convict him Of an oHense he never dreamed
Of committing
Nothing in the circumstances Of the case
demands such n course Of procedure public
safety don't require him 10 be punished con
trary 10 law II man Of indomitablo ener-
~ and perseverance--if Brown could be
engaged five months in prosecuting such an
enterprise, and only gather throughout the
U. s. twenty men, black and white, when
there was nothing In the world 10 oppose
him, how IN Heavens name can il be sup
posed that with him and all his companions
struck down, the South aroused, everybody
on the alert watching enterprises Of this
kind, that there is the remotest danger that
another scheme akin 10 this will be started.
IL was hardly necessary TO make these
remarks Tho duty Of the jury is 10 be
blind TO all outside prejudices. The physicr
al courage Of those who supported this ins
surreotion has been highly commended, but
the moral courage is superior that which
can resist prejudice and passion Let sim-
pie justice be meted out TO the prisoners.-
lilo asked no more. lie called on the Jury
to preserve the sanctity Of their oaths intact
h jnor untarnished, and the reputation Of
the Commonwealth for justice, magnanimi-
ty and character, will be unstained. Mr.
Griswold closed by saying, on behalf Of his
client, that Le had no exception 10 take to
q particle Of evidence given on trial, bnt
deemed il wonder under the circumstances
that truth should oven be as fully developed
as it has been. lie bore honorable testi-
mony especially to Capt Linn, who volun
tarily came from another State for the sim,
pie purpose Of doinA justice
| Mr.. Chiffon spoke Of the embarrassment
with which he undertook The case. lie in q.
tended to do his duty faithfully, and had
come TO deal with Capt Brown, not as the
leader Of this foray, but simply as prison,
or under charge OF violation Of law. IL that
law did not warrant his conviction, he
should endeavor to make that appear to the
jury; still he would say he had no sympathy
with the prisoner. He had returned to his
native State to spend the remainder of his
days, and mingle his dust with her soil
No other motive operated on him than dis
interested duty truthfully be regretted the
excitement respecting the case. lie was
glad TO hear the Judge say on Saturday,
that he desired TO try his case precisely like
others He desired, the whole State, the
whole South desired the trial should be fair.
lt had been lair--c circumstances had inter-
rupted its progress counsel were here with.
out proper preparation, but indulgence had
been granted, and they should do the best
they could under the circumstances. He
could not complain of the excitement II
was natural He hoped il would not inter-
fere with the course Of justice, or cast a
stain of dishonor on the State. The iury
had sworn they were unbiased he presumed
they would faithfully discharge their oaths
in bringing in a verdict. He could not un
derstand from the opening Of the prosecu.
ton on what ground these charges against
the prisoner were attempted 10 be sustained
The Commonwealth Attorney INDUCED in Q
stream Of abuse against the prisoner, anC
pronounced sentence on him without await
ing the verdict Of the jury, thus usurping
the place OF the Judge Then the three
distinct charges of treason. This was an
offense at common law. The word is de-
rived from a French word, signifying Be
trayal, Treason, which means betrayal O
trust or confidence; the violation of fidelit,
or allegiance to the commonwealth III
maintained tn treason could not be com
mited against the commonwealth unless b,
. the citizens thereof
In the present case, the whole proof show
, this prisoner was not citizen of Virginia
therefore he cannot be found guilty of trea
, sou. The indictment charges the prisoner
with committing every aot--committing trea
t SON. They are charged with levying wa
t against the State, and exciting slaves to in
surrectiop; but there was no proof that they
L. committed these acts as charged.
There was no proof that they resisted an,
process issued against them as violation. -
, Here under the authority of the Common
t wealth, they were rather guilty of -esstanc,
10 the Federal Government and not th
, Commonwealth. He had read carefully th,
, proposed provisional constitut ton, He re
: gardtd it as ridiculous nonsense, and will,
5 schemioal production. 1t could only hay
been produced by men of unsound minds
D 1t defines territory over which it intend
{ cd to operate, and says that we do establis
) he following provisional government Wha
IL it? It is an association or copartnership
I They are to own IrJperty by it, and regu
, late terms It did not contemplate q GOV
ernment, but merely voluntary association
4 to abolish Slavery
: He considered that the prisoner had
, right to be tried on one charge at time
i, and entirely disconnected with another
Q The Court had, however, overruled the mo
ton on Saturday, and hence the importanc
s of making this point clear to the jury, 8
that they might not confuse the various Of
Q fences and the evidences relating to each,-
0 Next as to murder, it was very singula
, way Of drawing up an Fundamentally
prisoners are charged with the murder @
{ four men, that they might have jointly don
. II he could understand, but they could sey
orally have done it could not; he declares
it was almost impossible for the prisoner t
make defense against such charge, i
was too loose and vague by the laws of Vir
/ giniai there was but specific murder pun
! ishable as a capital crime, and that was
premeditated murder
Mr.. Hunter closed his argument for th
prosecution.