Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-11-01
LATEST NEWS.
BY TELEGRAPH
TO THE WORCESTER DAILY SPY
CAnerieau Telegraph ONCE, Lincoln House BlOek.l
TRIAL OF THE INsURRECTION1sTs.

SiAlll ia
CnARLEsrOwN, VA, Oct. 3l.-The Court
met at O'Clock, and the trial proceeded.
Brown looks BETTER and is evidently inIprov-
ing, but nevertheless, he reclined on his bed as
usual. GriswOld opened for the defence, con-
tending that Brown could not be guilty of trea-
son, inaSmuch as he was not citizen of Vir-
ginia. And as to the charge of leyying war
against the State, the evidence did not sustain
that. He admitted, however, that Brown
came to Virginia for the purpose of running
away slaves, and for that crime he was amena-
BILE to the laws of Virginia. While attempting
to carry out that purpose, he took temporary
possession of the arsenal at Harper's Ferry
ana while there, attempts were made to arrest
him, and it was while the prisoner was resist
ing this attempt that blood was shed and lives
taken. This, counsel cOntended, was not
levyng war against the Commonwealth, nor
would 1t necessarily constitute levying war,
even If murder ensucd, because the shedding
OF blood may not have been contemplated.
MIR. u. referred to the constitution of the mu-
mclpal government found among Browns pa
pers, which he commended was as harmless an
affair as the organization of a debating or any
similar society, which in this country are fire.
quently created with all the outside forms and
machinery of government.
Mr.. Grswold farther argued that the jury
could not find Brown guilty of treason, unless
they found him guilty of asSoclating with 9th
ers to organize government to overturn the
government of Virginia. But if the pamphlet
proved anything, it shows that an attempt was
made to overturn the government of the Uni
ted States, and not OF Virginia. But it was in
vague and unmeaning language which really
meant nothing but the repeal OF obnoxious
laws i'll the constitution. As to the charge of
cohspiring with slaves, no one had testified
that Brown or any one with him said or did
one thing to induce slaves to rise in rebellion.
Slaves were taken possession Of To- temporary
purposes and placed in the arsenal, but Col
Washington has testified that not one took
part III the matter except Phil, who, at the
suggestion of the prisoner, attempted to drill
port hole, and that done, not for insur-
rectlon or rebellion, but to protect themselves.
True, they were amenable to punishment but
not as they were indicted. With regard to the
charge of murder in the first degree, this
involved preneditated MURDER but he argued
that no such malice had been shown. Guns
were fired in all directions, and they fired, or
intended to fire only on armed men. With
out exceeding that conduct for one moment,
he would remark that it refuted the idea of
premedtated malice, They had not the time
tor thought and reflection, which the law
allows.
Mr., Chiffon follow ed also for the defence.
being Vmginian by birth and residence until
within few years, he had no other motive in
the case than to do his duty faithfully. Mr..
Chiffon then went at great length into the
case, his arguments being of a similar turn to
those of his associate.
Mr. Hunter closed the argument for the
State.
Mr.. Hunter contended that the code of Vir-
gina defines who ale citizens of Virginia, as
all those white persons born in any other state
of the Union who may become residents here.
Evidence in these cases shows without shad-
ow Of a question that when this man came to
Virginia and planted his feet on Harper's Fer
ny, he came there to reside and hold
the place. 1t is true that he occu-
pied "A farm situated four or five miles
off in Maryland, short time since
but not for the legitimate purpose of estab-
fishing his domicil there. 1t was for the ne
tariouS and hellish purpose Of raising forces
into this Commonwealth and establishing him.
self at the Ferry, as a starting point for new
government. Whatever twas, whether tragi
cal or farcical and ridiculous, as his counsel
has presented it, his conduct showed, if his
declaration were insufficient, that it was not
alone for the purpose of carrying off slaves that
he came there. His provincial government
was no debating society, his counsel
would have us believe, and in holding office
under 1t he was clearly guilty OF treason. As
to conspiring with slaves and rebels the law
says the prisoners are equally guilty, whether
lnsurrection is made oul Of it or not. Advice
may be given by actions as well as words.
When you put pixies in the hands of slaves,
and have their masters captive, that is advice
to slaves to rebel, and punishable with death.
The law does not require positive evidence,
but only enough to remove every reasonable
doubt as to the guilt of the party. Mr.. Hunter
closed at i o'clock.
During most of the arguments to-day, Brown
lay on his back with his eyes closed Mr..
Chiffon asked for certain instructions to the
jury, but the only one granted waa, that the
jury must be satisfied that the place where the
offence was committed was within the bounda-
ries Of Jefferson county.
There was recess for half an hour, when
the jury came in. Brown sat up in bed whilst
the verdict was rendered. The jury convicted
Brown of treason, advising and conspring
with slaves and others to rebel, and murder in
the first degree. Brown lay down quietly and
said nothing. There was no demonstration Of
any kind. Mr.. Chiffon moved an arrest of
Judgement on account of error in indictment
and errors in verdict.