The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-11-02

..xss.
prisoner, but the substance also. That in tho
iliusl OF all the temptations to the contrary
ia tne midst OF all the solid reasons that IN va
,eaar algea why different course--I do not
uieaH an irregular reourse-a different legal and
constitutional course by the Governor Of Vir
s,hia might have been pursued that of d.
cIaring martial law and administering sldrum.
'eaa Jns tice." That the Chief Magistrate has
aAen ain nigh conservative ground, which we "a
sHgihians. are justly Rroud of. That he did
uot iofce this thing be yend what prudence re-
lures OF us, and that in regard to the power.
CSIength, sovereignty and patriotism of the
commonwealth of Virginia, we are sufficient
iorlt, come when IL may, in whatever form
ne proceeded to remove the objections that
thight nave been made as to the power of This
oouft TO try the case, founded on the place
Where the offence was committed 1t was
nafoly necessary to show that it was within
me county of Jefferson, and within the iuris
9tciion or this Court. There was a lSw in
tIrginia declaring the hounds of the Common
wealth., making the Potomac river the boun
cary between Mary land and Virginia. and riv
shs either OF the States powers. by a plain
compact, 10 execute criminal process 10 the
iarthest bank. These matters, which are con-
ctihed IN The Code of Virginia. it was unne.
cessary to prove by Witnesses The Jury couId
read the Code for themselves. Another law
defined the limits of Jefferson county. show
ing that 1t embraced the locality where these
this Court J"-''e' 'i0N W
II was hinted in the preliminary stage of the
proceedings and an attempt made to argue
tnat the United States held exclusive iuris-
dicton over the ArInory grounds But now
stress was laid on that point becausp no ono
murder, out of the four lives taken was com.
mltted ON the Armory ground
MT: Hhnter then took up the argument re-
speclibg the charge of treason which he mn
derstood to be that none buI an attacha or ~
commonwealth can commit treason against
II. That position he would broadly deny Onr
ar.;a aruoe oI.'nes treason: 1t is limited to no
parlles II does not require that the offender
should be a citizen ACCORDING to our sv-to,,, of
government. and the comDlicated naehinerv
OF the Federal and State Governments under
t "nith we iiNe' In some respects we are un-
fortunately bound to recognize as citizens Of
Virginia those who have proven thpmsaIyes
"lthih our borders as in this case and with
Out them as IN others our deadliest enemies
ne CONSTITUTION of the United States uro-
Woes that citizens of each State shall be enti-
tied to all the privileges and immunitias of
citizens OF the several States
captain Brown came here with immunjties
gNth py the Constitution. Did he come di-
vested OF the reSpOns oiiities beIongino to
those immunitiesl Let the word treason moan
preach OF trust. Did he not hetray that trust
tneh quasi consent-with which he is invest
ea when within our borders BY the opera
non OF the Federal Constitution he was y citi.
zen when he was here, and did that bond If
union, which may ultimately prove n bad
PONG 10 US IN the South. allow him in cor,a
mo the BOSOM Of the Commemorate with
I
our buildings and shedding The blood of our
cluZens! But again, our Code defines who ara
cluZens OF Virginia. All free white persons
oorl IN any other State of this Union who
may become residents here are citizens of this
State.
The evidence in this case shows that there is
no shadow Of question that when This man
came to Virginia and planted his feet in Har-
per's Ferry. he came to reside there and hold =
place OF residence permanently. True, he oc-
cupied q farm four or five miles of in Mary
land 4 short time since but not for the legiti-
male purpose Of establishing Il domicil there
Il was for a netarious and heiliSh purpCse-to
rally forces to invade this Commonwealth and
establish himself at Harpers Ferry as start
ing point for new govel.lment. Whatever il
was. whether tragicai or tarcical. and ridicu-
lous As his counsel have presented il. his con :
duct showed 1t. II htS deci3ra lions were insult
iiCient that il was not alone for the purpose OF
carrying oil slaves that he came there. His
Provisional Government was real thing and
no debating society. as his counsel would have
us believe; aad i'll holding Office under it and
executing lis functions, he was clearly guilty
OF treason.
The 10th section has been referred to as show
ing IL as not treaSOnable: bu he supposed that
meant that the new government was tc be q
union Of the separate States like the present
with the difference that ali were 10 be free
States The whole document must be taken
together. The property of Shareholders was
to be cOEiscated all over the South and auy
man found in arms was to be shot down.
Their conduct at liarpers Ferry looked like
insanity, but there was TOO much method in
Browns madness. His purposes were too
we'll matured. And he and his party declared
there were thousands i'll the North ready to
Join them.
While the jury are TO take the whole decla-
ration OF the law, the books expressly declare
they may reject, if they see good cause to do
so, that which would extenuate the guilt Of
a prisoner; they are not bound TO believe it
they are bound TO consider it. That's all.
Now, as to the charge of conspiring with
slaves to rebel, the law says the prisoners are
equally guilty whether insurrection is made
or not; advice may be given by actions us we'll
as words. When you put pixies in the hands
Of slaves and have their masters taken cap
tive that is advice to the slaves to rebel and is
punishable with death. The law does not re-
qure positive evidence, but only enough to re-
move every reasonable doubt to the guilt Of
q party. Sometimes circumstantial evidence
i the strongest kind, for witnesses NAV per-
iure themselves or be mistaken.
The defence say they don't know who killed
the negro, Haywood. That Brown did not do
it, because there was no object tor his doing SO.
But that il was dark. and the supposition is
that Haywood was killed by mistake. They
say Brown shot no armed men but Beckham
was killed when unarmed, and he therefore
thought the whole case had been proved by q
mass of argument. With regard to the queS tion
of ma5ice-the law was that if a party perpe-
traied q felony and undesiscnedly takes life, il
is conclusive proof OF malice.
If Brown was only intending TO steal ne
groes and in doing that took life, it was MUIR
der with malice prepense. SO the law express
iy lays down that killing committed in resist
ing officers in empting 10 quell a riot or to
arrest the perpetratur of a criminal offence, is
murder in the first degree. Then, what need OF
all this delay to prove that Brown treated his
prisoners with leliency and did not want to
shed blood Brown wanted the citizens of
Virginia calmly 10 fold their arms and let him
usurp the government, manumit our slaves,
Shareholders.
without drawing a trigger or shedding blood,
permit him to take possession OF the Common
wealth and make it another Hayti.
Such an idea was abhorrent to pursue. SO,
too. the idea that Brown shed blood only in
self f-defcnce. 1t was too absurd TO require ar
gument. lie gioried in coming here to violate
our laws. He says he had coun ted the risk and
knew what he was about and was ready to
abide the consequences. That proves malice
thus admitting every thing charged.
lie knew his life was forfeited if he failed
Then is not the case made out beyond all
reasonable douDt-even beyond any unreason-
able doubt We therefore ask for his conyic-
ton to vindicate the majesty of the law.
Mr. Hunter closed at 4 O'Clock. During
most of the argument Brown lay on his back
with his eyes closed.
MIR. Chiffon asked the Court to instruct the
jury that if they believed the prisoner was not
a citizen of Virginia, but OF another State,
they cannot convict him on The count of trea
son.
lie COuTL uPCilHeu, say ing tue CONSTITUTION
did not give rights and immunities alone, but
it also imposed responsi bilities.
Mr.. Chiffon then asked for another instruc-
tion to the effect that the jury must be satis-
fled that the place where the offence was COM
mitted, was within the boundaries OF Jeffer-
son county; which the Court granted.
recess was taken for half an hour. When
the jury came in with their verdict an intense
excitement prevailed.
Brown sal up in bed while the verdict was
rendered as follows:
sThe Jury find the prisoner guilty of trea-
son. in advising and conspiring with slaves
and others to rebel; and of murder in the first
degree
Brown laid down quickly and said nothing.
There was no demonstration of any kind