The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1859-11-09

sent you.
lie proceeded then % 60 over The same
ground taken by Green on each point Of the
treason. insu-rec'ion and mur-
der. lie said: II makes no difference how
much the jury may be convicted in their
own minds OF the guilt Of the prisoner. il is
essential ths, they must have proof Of posi-
tive guilt.
Bo,s. in reviewing the law bearing on
the case, evinced q determination 10 avail
himseif Of every advantage that the Law o.
lows. snd to do his duty TO the prisoners
earnestly and fsithfuiIy. i was due 70 the
prisoner to state that he believed himself 70
be sctusted BY the highest and nobles'
feelings that ever coursed through human
breast. His Instructions were 10 destroy
neither property nor life. They would prove
by those gentlemen who were prisoners that
they were treated with respect, that they
we're kept in positions OF safety, and thai
no violence wss offered 10 them. These
facts nus, be taken into consideration and
have their due weight with the jury
Mr.. Hunter followed. stating his purpose
10 avoid anything BY ~sy q argument or
explanation not Immediately connected with
the psrticuIsr i-sne 10 be tried, and 70 march
straight forward 70 the attainment, 50 far ss
may be 10 his power. 81 The encs Of justice,
BY either conviciirg or acqui'iing The Pris.
onrr ~ the bar.
With single preliminary remark exp'an
siory Of HE position here. - en- assistant
prosecutor. which had been assigned 10 hin
b. The Governor or The Commonwealth. a
well IS by his Honor. The Judge, he passed
" once % a review Of the law il reference
70 the case. and stated what he expected
% be able 10 prove TO the satisfaction Of th'
jury.
Isl. As 70 birh treason. This was pro
bahir lie iirst case Of high treason. or tres
son agsinst The State that had ever bee'
tried here BY our State Courts. and he fer
vcnlly hoped that !, would be The last sha
would ever occur.
Probsbly. in some degree. not only npo
our decision. Lut upon our prompt decisic
OF this case. will that result depend Il
though; his friends on the other eide wer
totally mistaken in their view thatthe Law
as Il now stands on the statute book m re
terence 20 overt acts. was, either In the ian
cuage or that substantially contained in th
lCons;i,u'icn cfthe United States. o. N
contrary. The phraseoIosy had been vsrie
from the Constitution. snd % he conceive
for plain and practicable purpose. Al th
! powers vested in the FEDERAL Governmer
we're gwen with great jeaIcrsy- This va
sn historicsl fact. perfectly familiar; a.
consequently, while treason against 'h
: United States conei-,s only IN levying va
. arains, them. or adhesing 10 their enem'e
and giving them aid and comfort, and 'hous
there j. q provision that no person shall
: convicted a treason unless on the issilmon
lof Two witnesses 10 some overt act. or col
: fes-ion in open ccuri; yet the State law
r more full, and includes within it, dcfnl,o
: iof treason. alsc the establishing. ~iiho'
The authority Of the Legislature o. any Go
; ernment within its liniis, separate from .
!. existing Government, or The holding Or *
) curinc under such usnrped Government
I sry ofiice; protesting allegiance o. 6deIi
: 10 il. Or restricting the execution ofihe "a
Q under color of ils auth ori.y and goes 9
. 10 declare that such treason. u proved
/. the tesii ncny of two witnesses 70 the san
: overt oct. or BY confession IN court, shall
\ punished with death.
i Any one OF these acts constitute tresst
! against this Commonwealth. and be believe
i the prisoner had qeen guilty 81 each and
these scrs. which would be proved ia Y
clesrest manner; not 5y ,~o but b. dcz'
: witnesses, unles limited by the want
= time.
/. The prisoner hsd attempted % break dow
y the exciting government o. the Commo
: wealth, sDd to establish on the ruins ne
' igovernment. He had usu'ped the osfice
!. Commsnder-in Chief o. this new Cover
4 .nen,, and. together with bic whole ban
! proposed allegiance and fidelity % i. !
i represented not only the civil authorities
3 The government. but or own military :
= thoriiier. He 10 doubly. ssbly and qpadruP