The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1859-11-03
From the N. Y. Tribune.
Browns Trial.


multifarious collection OF charges as are
eul lbrsced in tho Indictment against
Brown and his associates. This indict
ment includes four counts. The first
charges treason against the Common
wealth Of Virginia. The second com
bines the two distinct charges of eonspir
ing to induce certain slaves to resoit, and
of advising the said slaves to revolt. The
third and fourth charge murder.
Not only are the defendants called up
on to meet a: one and the same time
these separate oGenses charged against
them. but each count By itself sets forth
a nun ter of distinct acts. each and all OF
which, to make out defense. the prison
ers must be prepared to rebut Thus the
treason count charges that the prisoners,
as band of organized soldiers, in pur-
susnce of plan to make war on the
State of Virginia, attacked, sieKed, and
held the town of Harper's Ferry;
captured, and forcbly detained as pri
soners, certain citizens enumerated by
name to the number of seven; shot and
killed. five other persons enumeratsd by
name, and wounded divers others; ret up
and established government separate
from and hostile to tie existing govern
ment of the Commonwealth; held and ex
ercised divers Offices under such usurped
governments; under color thereof, forcibly
resisted with arms the execution of the
laws of the State; wounded divers good
citizens when attempting with Lawful! au
tbority to support those laws; joined in
open battle with the civil officers and col
diers in the service of the State; and re-
sisted the militia lawfully acting against
them. The second count specifies by
name eleven or twelve different slayeN
whom the prisoners are charged with con
spring to iDdace to revolt. The third
count cnumeTates no less than FIVE sepa
rate murders charged upon the prisoners
The fourth count reduces this charge to
three murderS--,be cases of the coloreG
nan Shepard, killed on the railro ad
bridge, aud of the marine killed in the
Arsenal grounds. being left cut OF this
count. We suppose, as rot being within the
Jurisdiction OF the Court
1t must be evident that to meet such 3
multiplicity of charge must require ve-
ry laborious preparation on the part OF
the prisoner and his counsel, both as re
| iates to the Law and the esideUce-a prep
aration which it is very certain that Meth
er the one nor the othere have had time
to make. The prisoner himself is suffer
II hi u hat 1.
necessary to bring bin into Court on
cot, and to allow him to lie upon it while
the trial proceeds. Two out OF the three
counsel who at present have ch 9Tge of the
defense, did not arrive TIL after ali the
testimony for the Government; was put in
and the other not till the case bad made
considerable progress They are stran-
gers to the pecuI,ar;ies Of the Virginia
CODE and have had no time to make any
special investis : alton into the facts. Up-
der all these circumstances. Brown Ger
tsinly seems to have serious grounds for
comp planning that the pledge made to hIm
by Gov. Wise of fair trial to wbich.
indeed, independently of any such pledge,
bo would be eDti,led-is not fulfilled
What is a fair triall 1t is a trial in
v hich prisooer is allowed all the oppor
tuDites for making a full end complete
defense usually granted in criminal eases
II will not do to say, ny way of answer
to Browns complaints, that be has really
no fec-e to make; that both the law aud
the facts are against him, and the very
line of defense which be desires to pre-
sen, to the Court and Jury amounts to
confession of bis guilt If this allegation
Is to be taken as conclu-ise, it would not
merely amount to an excuse for curtail
ing Browns opportunities of defense, but
1t would be a good reason fer not allow
ing him any opportunity at all. Why
waste the tiue OF the Court and in listen
ing to defense which every body knows
cannot avail The Judge however, who
presides at the trial, in his charge to the
Grand Jury, laid down the law that eve
~ man, until convicted, is. by the Court
and Jury, at least, to be presumed limo
ceDt-a Gaxium which applies to the
case of Brown as much as to any other.
Brown therefore has right to claim
that the same opportunities for prepara-
ton to meet the charges against him
should be allowed to him that would be
ordinarily allowed to any other person
charged with capital ofense. Now, 10
an ordinary case of murder. the trial
would not thus be preoipitated. Oppor
tunity would be allowed the prisoner to
recover from his wounds sufficiently to be
able to attend to bis defense, and some
delay would certainly be granted to his
counsel to make themselves acquaiuted d
with the law and the facts.
The reasons given for this precipitan
cy-not, indeed, by the Court, but out of
doors, yet well understood to be the real
reasons are, impatiepce to make vie
tim or an example of Rrowu. and fear of
rescue. Even if there were any grounds
for apprehending, a rescue, is the State
of Virginia SO helpless as not to be able
to provide the meaDs not only of guard.
ing Brown. bat of capturing those who
come to rescue biml Thsis a fear which