The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-28

L0ese aCTS, Whic1
would be proved in the clearest manner, not by twt
| but dozen witnesses, unless limited by a want O
! time.
The prisoner had attempted to break down thu
existing government of the commonwealth and es
tablish on the ruins new government. He hat
usurped the office of Commander-n-Chief of thi
new government, and, together with his who'll
band, professed allegiance and fidelity to it. H
represented not only the civil authorities of the
State but our own military. He is doubIy, trebl,
and quadruply guilty of treason.
Mr.. H. proceeded again on the question of iuris
dIction over the armory grounds, and examined the
authority, cited on the other side, of Attorney Gen
eral Gushing. The latter was an able man, but
came from region Of country where opinions were
very different from ours, in relation to the powers
OF the Federal government as affecting State rights
Our courts have decided adversely to Mr. Cush-
lng's views. In all time past, the jurisdiction of
TINS court OF Jefferson in regard to criminal Often
ces committed at llarpers Ferry, has been uninter-
rupted and unchallenged, whether they were com.
mitted on the government property not.
lie cited an instance that occurred twenty
years ago, where an atrociOuS murder commit
ted between the very shops in front of which those
men fought their BATTLE and the criminal was tried
here, convicted and executed under our laws
There was broad distinction between the cession
"f jurisdiction by Virginia to the Federal Govern
ment and the mere assent of the State that the
Federal Government should become land holder
within its limits. The law of Virginia by yirtue
OF which the grounds at Harper's Ferry were pur-
chased by the Federal Government, ceded no iuris-
diction.
Capt. Brown was also guilty on his own notori-
Gus confession, of advising conspiracy. In regard
to the charge of murder, the proof will be that
TINS man was not ony actually engaged in murder
ing our citizens, but that he the chief director
OF the whole movement. No matter whether he
was present on the spot mile Off he is equally
guilty.
In conclusion, Mr. Hunter said, he hoped the case
would be considered with fairness and mpartiaity.
la ynr .1tIp pafip b,, L., i
that the penalty might be visited on the prisoner
which the Law denOunCes, which reason denoun-
cGS, which our safety requires and which the laws
OF God and man approve.
AFTERNOON SESSION.
The Court assembled at halEpast three when the
following witnesses were called:
DIR. Starry testilied.-0n Sunday night he heard
shot fired at the Ferry and heard cry: he looked
out and saw two men passing from the bridge to-
wards the armory gate: tall man came from the
armory gate; two men from the cried, "thprc
he goes now; the man stopped, and raising his rifle
fired; they followed him to the armorv gate and cx
changed shots with him; Conductor Phelps was one
OF those men who afterwards found the black man.
Haywood, dying, in the railroad Office; said he was
commanded to stop by the on the bridge and
refusing to do so, they fired upon him; saw several
men patrong duEng the night and go into the
bridge; did not know what to make of it, and went
to inquire OF the armory watchman what
1t meant; met man who lied a rifle
at him; sked him where the watchman
WAS sdlu ne was not there, but that
there was ga few of US here" afterwards to.
wards morning, saw a wagon pass with three
armed men following, witness then went to Mr.
kitzmiller and to Mr.. Ball. and told them that an
armed body of men had possession of the Armory,
and not to go near it; also gave information to
other persons employed in the Armory; saw, also,
three of them at Halls Works; did not see more
than thirty during the night; could recognize them
by a peculiar hat they wore; witness rode to
CharestOwn to give the alarm and ask for assistance
a and Cd iT,h
ing orders and in guiding the armed forces to the
best places Of attack; did not see or recognize
Brown there at all.
CrosseXamned by Mr.. Green.-As rode past
the Arm"ry, armed men were at the gates; they
did not attempt to stop me, and | was determined
not to be stopped.
Conductor Phelps, sworn.-On Sunday night the
18th instant, my train arrived at the Ferry at l:25
bound East; saw no watchman at the bridge and
thought it Strange-hs duty was to be there; was
talking to the engineer, and in the act Of start
ing ahead again, when the watchman came up to
me much excited, and stated that he had been at
tackled on the bridge by men having rifles; Mr..
llorsey there and advised me to go through
the bridge with my light first before starting the
train; the baggage master and passenger accom-
panied me with lights, and when they entered the
bridge some said 'stand and deliver" had pre-
viously told engineer TO follow me slowly, but i'm
mediateIy saw the muzzles of four rifles pointed
at us resting on the railing; told the engineer to
back, as something was wrong in the bridge, which
ne ult AS got out on the tfeSSeIlng, heard the
report OF a gun, and Haywood the cOlOred man,
came running to me and said, Captain, am shot"
a ball had entered his back, and came out under his
left nipple; carried him to the railroad office and
started for 4 doctor, and one man come out of
the bridge and 90 towards the armory gate; re
marked, ''therc he goes now;' and Thrnckmorton,
clerk Ot the Wager House, fired at him; the shot
was returned by two men at the armory gate; |
close behind Throckmorton, who exchanged
several shots with them: this was ten minutes after
lpVWOOl shot. hoard m loa1inr rif fIav
again; the reports were very loud, and wondered
why the people were not aroused; walked back to
the railroad Office, and one Of the parties in the
bridg came out; he said, ''YOu can come over the
bridge with your train" | replied 81 would rather
not, alter these proceedings, and asked, 'What do
you want" he replied, ave want liberty and we in
tend to have it," then asked, "What do YOU mean?"
he replied. You will find out in a day or two :"
taen felt alarmed for the safety of self and pas
sengers, and concluded to wait till daylight; men
were passing back and forward from the bridge to
the gate OF the Armory, each wrapped in a ban-
het; the passengers were much excited aud ut n
loss TO know what it all meant; | went to the back
Of the train and saw from twenty to thirty men in
and about the engine house; about 4 o'clock | saw
a wagon driven in the yard, and nearly a dozen
men jumped out of it; also carriage; did not see
any one get out OF 1t; saw men go back and for
ward, who seemed to be putting something in
wagon; they were also going up and down the
street leading from the Armory, and all seemed
busy at something; this continued until nearly day
u
over IL bridge to the Maryland side
About o'clock, before the wagon left, an old
gentleman came to me and said, ''the parties who
have arrested me have allowed me to come out on
condition that would tell YOU that Won might cross
the bridge with your train;' | afterwards learned
that his was Mr.. krise, citizen Of the town: |
replied that 81 would not cross the bridge until
daylight that might see whether it is sae;" after
wards saw man coming down Shenandoah street
with lantern and an armed man arrested him;
after this short stout negro walking with a
staff with one of these men; could not see what
was in the wagon; afterwards a black boy brought
4 note to the clerk of the Wager House, ordering
breakfast for 41 men.
now determined to 90 out and ascertain what it
meant, met man, whom | now recognize as Cop
pee and asked what they meant; he replied, awe
do not want to in jure you or detan your train
you could have gone at O'cock-all we want is to
free the negroes" | then asked if my train could
now start, and went to the guard at the gate who
said, "There is Capt. Smith, he can tell you what
you want to know" | walked to the engine house.
and the guard called to Capt. Smith that 'some
one wanted to see him;" the prisoner at the bar
came out, and | asked him if he was the captain of
these men; he replied che was" | asked him if
81 could cross the bridge" and he peremptorily
sponded "No, sir;" then asked him ''what he
meant by stopping my train ?" he replied, care
yOu the conductor Of that train?" | told him
81 was" and he said, "whv, | sent vou
word at three O'clock that you could pass
Told him that after being stopped by armed men
replied, "My head for it you will not be hurt
said he very sorry, it was not his intention that
any blood should be spilled; that it was bad man
agement ON the part of the men in charge of the
bridge then asked him what security would
have that my train could pass SAFELY and asked
him if he would walk over the bridge ahead of my
train with me; he called large stout man to ac
company me, and one of my passengers, Mr.. Nc
Byrne, asked to accompany me; but Brown ordered
him to get into the train, or he would take them
all prisoners in five minutes; Brown and bis com
panion both had rifles and we crossed the bridge
the three armed men still in their places
When we got across, Brown said to me, "You,
no doubt, wonder that man Of my age should be
here with band of armed men; but if YOU knew
my past history, YOU would not wonder at it so
much" NV train then through the bridge,
and bid him good morning, jumped on my train,
and left him. Witness returned to Harper's Ferry
on Tuesday, and went in with Governor Wise and
others to see Capt. Brown, who was prisoner
Heard his conversation with Governor Wise and
Mr.. Hunter. The Governor said he was sorry
to a man Of his age in that position.-
Brown replied that he asked for no sympa-
thy, and had no apology to make. lie
knew exactly what he vas about The
wrong running off with other peoples property?
Brown said no, he did not. He stated that he
never had TWENTY-FIVE men in his party, but ex-
pected large reinorcements from Maryland, Vir-
gina, North and South Carolina, and. think,
some of the New England States and New York He
said his arms sent to him from Massachusetts,
Think he spoke Of Sharpe's rifles, revolvers and
spears; said he could arm from 800 to 2 900 men;
that he had Harpcr's Ferry in his eve as the place
for his operations for a long time; that he had
rented farm four miles off, from DR.. Kennedy,
and had paid the rent up to March, and that ali
his arms were sent to him there from Chambers
burg, Pa. He said that those who brought the
arms there did not know what they were As he