Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-11-02
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Examination ofthe Ynsnrreotlonista
BROWN CONYlOTEDl
lcopolaslon Of Mondayls PrOesadinr.. ]


CaARLsroN, Oct. 81
[Copolueion Of Mondays Procsadings
The argument Of counsel in the case of
John Brown being concluded, Mr. Chiffon
asked the Court to instruct the Jury that IL
thoy believe the prisoner was not citizen
Of Virginia, they cannot convict him on the
charge Of TREASON.
The Court declined, saying tho constitu-
ton did not give rights aud immunities alo ne
but also responsibilities.
Mr.. Chiffon asked another instruction, to
the effect that the jury must be satisfied as
TO the place The oGense was committed wheth'
er within the boundaries ofJeffersOn county
which the Court granted.
A recess for half an hour was taken.
When the jury oame in with their yer-
dict, an intense excitement prevailed in the
Court room, Brown sat up in his bed while
the verdict was rendered The jury found
him guilty of treason, advising conspiracy
with slavesand others 10 rebel, and OF mur,
der in the first degree. Brown lay down
quietly, he said nothing, aud there was no
demonstration Of any Kind
Mr. Chiffon moved an arrest OF judgment,
both on account Of the errors in the indiot-
ment and errors in the verdict. The obiec-
tion in regard to the indictment has been
already stated The prisoner has been tried
for an oiFenso not appearing on the record
Of the Grand Jury The verdict was not on
each charge separately, but general YER
dict on the whole Indictment The prisoner
has also been found guilty of both charges.
for murder of the same persons. IL was
manifest he could not be guilty of both. By
agreement the points will be argued TO- NOR.
row morning. Brown was remanded to iail.
Mr. Harding announced that he was
ready to proceed with trial of Coppee, who
was brought in, the ceremony ofpassing be-
tween file of armed men being dispensed
with Coppee took a scat between Griswold
and Holt who appeared as his counsel. lie
seemed calm and composed The remainder
Of the day was spent in endeavoIing to oh.
tain a jury. The panel was not complete,
when at five O'Clock the court adjourned.
SIXTH DAY,
CHARLESTON, Va, Nov. l.
The court met at ten O'Clock; Coppee was
brought in Previous to proceeding to his
trial, Griswold stated the points on which
the arrest ofjudgment was asked in Brown s
case. In addition to the reasons mentioned
yesterday he said it had not been proven
beyond doubt that he was ever citizen
of the United States. He argued that trea-
son could not be committed against the State,
but only against the General Government,
citing as authority Judge Story. Also that
the Jury had found the prisoner guilty of
crimes as charged in the indictment, had not
responded to the offences charged, but found
him guilty of offences not charged, they find
him guilty Of murder in the first degree, when
the indictment don't charge him with offen-
ces constituting that crime.
Hunter replied, quoting the Virginia code,
to the effect that, technicalities should not
arrest the administration of justice; as to the
| Jurisdiction over treason, it was sufficient to
say that Virginia had passed law assum-
| ing that jurisdiction aud defining what con-
stitutes that crime. The court reserved its
decision. Brown was present during the
argument
The jury was sworn in Coppee's case.-
The testimony is the same as already pub.
lished but more brief The examination was
concluded at the adjournment Cook waves
an examination before the Magistrate $
Court.