New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-10-28

you can convict him OF tho~e chasges II il Is intend
ed TO rely hu confessions TO prove treason the lsv
dhtipcty sAys, 10 conviction be made COMES
STORE, unIess made IN open Court" There must be
sufficient evidence 70 prove the charge Independent: OF
any confessions cut OF the Court and REL two
distinct witnesses to prove each and every act Of ties
zoo.
Second Copspiring with slaves to rebel and make
insunection. The Jury must be Satisfied TIA, suca
conspiracy VA done within the State Of Virginia ard
within the jurisdiction cf hi, Court II done 10
Mary land this Court could not punish the sot If Il
dore within the limits Of the Armory at aarpers
Ferry Il lot done within the nits OF this Safe,
the Govenmep. Of the United States holding exclusive
jurisdiction within the said grouuds Attorney General
Gushing had decided this point With regard TO the
Annoy grounds at Hsrpers Ferry which opinion "a.
read to the Jury, showing that persons residing within
the nts Of the Armory cannot ever be taxed BY Viz
giIia ard that criu es committed within s,id limits
punishable BY the Fed.Ia Courts. Although the airy
may doubt about the lsv On this subject, they must
give the prisoners the benefit OF that doubt upon the
tIia'. Over murder, If committed within the limits
Of the AmOry, this Court has no jurisdiction,
and in the case OF Mr. Detkhsn, If be killed on
tie railroad bridge, wss committed within the Stste
Of Maryland which State claims jurisdiction up 10 the
Arnory grounds. Although be nsy be guilty of muir
der must be proven tb 1t il deliberate aud pre-
meditated murder 10 make il capital ofense If 9TH
ervIe, the killing was murder IN the second degree,
punishable with imprisonment IL you have any
doubt these points You must give tbs. doubt to the
pisorere He satisfied the jury sill rot allow any
ou'side excitement to affect them and that they Will
DO their DUTY faithfully aud impsrtisly.
Mr.. Boris impressively addressed the jury. The
unusual one, ard the crime charged ID
mary expects unknown The Jury trial called for
calm unimp assoned delbersdOn, and Lot the seizure
upon loose statements for q conviction. The Jury
uurt be above all preudices and Influences and dehb-
crate calmly, and free of all resentment bearing IN
mind that the mission Of the Law IL not to wfeak
vengeance, ard that the majesty OF the law u best
maintained when Judges, Counsel and Jury rise
above theee Influences. The burden of proof IL on the
Common cath, ard if she fails 10 sub.tsn her
charges, you bound to 90 your duty 'inpartialy,
sud find your verdict the law ard testimony that
the Comm onwealth may be able to present to you.
He then proceeded to GO over the same grounds taken
by M Green each OF the three points OF the nhc,-
mep.-tIessor, iniurection, and murder. IL g no df'
fererce bow much jury may De convinced N toel
own minds Of the guilt Of the prisoner, II is essential
that they must have proof Of positive gull. 10 case
Ike this involving both life and liberty.
Mr. tOTTs in reviewing the law bearing on the case.
evnced determination TO avail himself of every al
vantage that the allows and to do his duty ~ the
prisoner earnestly and faithfully. IL was due to the
prisoner to state that lie beev himself to be acuated
by the highest and nobsst feelings that ever coursed
through human breast aud that his instructions were
TO desrov neither property nor lie. they would
prove by those gentlemen who were prisoners that
they were treated with respect, and that they we're
kept in positions Of safety and that no violence was
dfel ed 70 them. There facts must be taken into con-
sderaton, arc have their due weight with the Jury.
Mr.. HUNTER followed, stating his purpose to AVOID
sIythirg by way Of argument or explaDston not im-
uediaely connected with the particular issue TO be
tried and to march straight forward TO the Attainment
so far o.. may be in power, of the ends OF justice
by either conycting acquiting the prisoner a. the
bar. With a single preliminary remark explanatory OF
his position here assistant, position which mad
been assiRped TO him by the Governor OF the Common
wealth as well his honor the Judge Re passed a. once
to review of what law in reference to the csse
and Whist he expected to be able to prove to the salts
faction Of the Jury. First as to high reason this WAS
probably the first of high treason, or treason
against the State that ever had been tired here oy our
ard be tiy hODSl that IL would be
the last that would occur; and probably 10 some
degree not only upon our decslon butupon our ponpt
decision of this case, will that resul, depend lie
thought bis friends the other aid, were totally MS
taken in their view that the law a. 1t nov stands on
our statute books in reference TO overt acts
was, either in language, or Substantially tnat con-
tsin.d in the Constitution OF the United states
On the contrary the phraseOlogy had been va
ned from that Of the COnslhuton and, as he
eorceived, for plain and palpable purpose All
the powers vested IN the Federal Government were
eiven with great jealousy. This an historical fact
perfectly familiar, and consequently, WINE treason
sinst the United States sisted only in levyng war
II elm aid snd comfort, there Is 10 PROVISION tlaI no
person shall be convicted OF reason unless upon the
testimony of two witnesses Of some overt act OF con-
fess on 10 open Court Yet the State law Is more iuii
and II cudes within it's definition Of ueason the estaD'
fishing without the authority Of the Legsstare, any
Government within is limits, separate ron the sAst
ing Government, or the holding or executing, uIuef
such Government, of any office protesting aneg ance
the color Of it's authority; and II goes On 10 declare
that such treason if proved by the testimony OF TWO
xitrese, to the came overt act, or oS coliessVh ~
Court shsll be punished with death ANY one VI tuose
acts contributes treason sinst this Common an1
be believed that the prisoner had been guilty OF esch anu
all these acts which would be proved IN the dearest
manner not by two, but by dozen witnesses unioss
u TIED BY the lack Of time. The prisoner naa atteinso
10 hesk down the exiting Government OF the Com
monw ealth and establish its ruins new govern
m.Lt; he had usurped the office Of commaIier'io'
chief Of this new government, ard togs'her VIVA us
whole band, proessed allegiance ana h'ehts 10 IL us
represe nsd not Only the civil authorities oi staie ou'
our own military; he is doubly, treby and qaadrupy
gully of treason Mr. Hunter proceeded again 10 the
question Of jurisdiction over the Arnory groono anu
examined the authority cited on the other sde OF Az
torIey General Cushing the latter YVES az able man,
but he from region OF country where opinions
are very different from ours IN RELATION 70 tue
power Of the EedeIal Government as affecting sac
righs Our Courts decidedly adverse 70 MI Cu.h-
ipg's views In all tune past, the jurisdiction oil TINS
Comfy Of 10 erson in criminal offeDse- committed 81
Ha,per's F.ny, has been uninterrupted and IN
challenged whether they we're committed on the Gov
ermeDt property lot. He cited al instance twenty
! pre years ago, where strocious murder was com
| uitted between the very shops 10 front of which
these men fought their battles, and the criminal was
tried here convicted. and executed under or Avs
There was broad difference between the cession o.
| jurisdiction by Virginia to the Federal Government
ard mere assent of the State that the Federal Govern
mert should become a lsndholder within rs hnl's.
The law of ygnis by virtue OF which the grounds q.
Hsrper's Ferry were purchased by the Federal ,ioV-
eminent, ceded no jurisdiction. BroFn was aso guy'
on his own notorious confession IN AWNING Conspiracy
In regard to the chage Of murder, the PROOF VII De
that THE not OILY actualy engaged 10 mu'ceI
ing cur c,izens but thai WAS the Chief drec.or OF
the whole movement. No ns'ter "hethe,, no N wo'
present on the spot or mile or lie is equally guilty
In conclusion Mr. Hunter sad that ne hoped me case
would be con dered with fairness and imparalty ari
without fear favor affection aId he only asked .hs
1 l. ~ on a RAJ