The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-31

prisoner 70 meet and distinct charges the
trial. From the authority he read woah b. that,
in case Of treason different descrptonso Of treason coa
not be united In tho indic,menhigh treason could
no be associated with other II inferior grade
Of the same character could included separate
counts still lees offences higher grade. Treason
this country is high treason Treason agaiaa. tho state
Of vrgnia ic treason against her sovereignty We have
no other description Of treason because only
be committed against sovereignty whether that Of the
| United States OF a sovereign State.
Mr. Handing could not the force Of he obectio
made by the learned counsel Tho other SIDE regard
separate offences being charged these different
parts Of the Treason against the gov.
properly the subject Of one of the counts
But also have count for murder for hardly be
supposed that exist without being followed
accompanied by murder Murder Of this
son. the natural result Of this bloody conspiracy
Yet after oil the evidence has been given all these
points, the objection Is made that must connne
selves to single Of them. Ho hoped that no such
motion would be granted
Er HUNTER followed on the same side. He replied 10
the argument Of Mr. Chiffon, saying that the discretion Of
tho Court compelling the prosecution In
the indictment is only exercised where great embarass
ment would otherwise result TO the prisoner As applied
TO this particular case involved this point that, not
withstandg the transaction has been disclosed by the
evidence be transaction, continued closely con-
nected series Of acts which, according apprehcn
| sion Of the law Of the land involves the three
great offences OF treason, ocnspiring with and ad-
| vising slaves to mako insurrecton, and the per-
| petration Of murder Whether in a Of
this character s right and proper for the Court put
the prosecution upon their election of the three
and bar us from investigation OF the two others entirely
although they relate 70 facts involved in grand fact
Notwithstanding the multiplicity Of duties dcvo.vng upon
the prosecutor and assistant prosecutors yet have
found time TO be guarded and careful In regard the
mode Of framing the indictment II is my work, and
propose to defend as right aud proper He then pro-
ceeded to quote Chtys Criminal Law and Robinson's
practice to prove that the discretion Of the Court
| there spoken of In reference to the furtheranoe
Of the great object in view-the attainment Of justice
where the prisoner not embarrassed in making his
fence this discretion not be exercised by the Court
and no be shown where 1t has been thus
cised where the whole ground Of the indictment referred
to and the same transaction. This very in point
would show the absurdity Of the principle II
broad as contended for by his learned friend As to the
other point of objection refined and subtle for
his poor intellect.
Mr.. CmroN responded-In order TO ascertain what
party tried for, 60 the finding of the Grand
Jury II the Grand Jury return indictment charging
the party with murder, finding true bill FOR that and he
should be indicted for mansargher any other offence
the Court would have jurisdiction try him that
count in the Indictment and the whole queaton
the construction of the section Of the statute whh
been read viz, whether advising conspring
with slaves to REBEL Is separate and distinct offence
from cOnspiring with other persons to induce it.
The COURT said that the difference might perhaps be
taken advantage Of TO Of Judgment; but
the jury had been charged and had try the
prisoners the indictment drawn. The trial must
go on, and counsel could afterwards Of
Judgment AS to the other objection, the Court made this
answer: The very fact that the offence be charged
in different counts varying the language and circumstn
ces is based upon the idea that distinct offences may be
charged in the same indictment The prisoners 10 be
| tried on the various counts II they various
| transactions. There is no legal objection against
charging various crimes in the same Indictment. The
practice has been put party upon election where tho
prisoner would be embarrassed defence but that
not the law In this these offences charged are all
part OF the transaction, for
the court TO interfere and the parties upon election
Mr.. CHIFFON said he would reserve the motion as a
basis for an arrest of Judgment.
Mr. GRswoID remarked tha. position Of all the pre
sent counsel of the prisoner of very great en-
barrassment They had disposition interfere with
the Of practice but the desire the defend
ant that the should be argued He supposed that
previously taken by reading notes Of it, But was now
nearly dark. II be argued at ALL he supposed
the argument for the commonwealth would probably oc
cupy the attention Of the Court until the time for
| adjournment, unless 1t was the intention to con.
tnue with late evening session. From what had
heretofore transpircd he felt deicacy IN making any
quest OF the Court; but knowing that the was
ended except for mere argument, he did know that
1t would be asking much for the Court adjourn after
the opening argument on behalf Of tho prosecution.
Mr.. HUNTER would cheerully bear testimony to the
exceptionabe manner in which the council who had just
taken his seat had conducted the examination Of witnesses
today xond afford him very great pleasure in all or
such request the gentleman had just
made, and which was entirely natural but he was
the Court that this state Of things which places counsel in
somewhat embarrassing position in conducting the de-
Tense purely and entirely the act q the prisoner His
responsible for IT. but the unfortunate prisoner rospon
sble for his own act in dsnissing his faithful, sklfu
would simply and that not only were the jurors
kept away from their. families by their delays,
ty, who, whether with the good cause or not, was
not trembling with anxiety and apprehension While their
should have due weight, yet the commonwealth has its
rights, the community has its rights the Jury have
their rights md it was for his Honor to weigh these in
opposite scales and determine whether should not
on and bring this case to close tonight We had until
| twelve O'Clock TO do II in.
Mr. CHIFFON said their client desired that they should
argue his case. II was impossible for him TO do now
and he could not alow himself to make attempt
gument a about which he knew 80 little. II he
were get up at all would for the unworthy purpose
Of wnstng time He had such design, but having
dertaken this mans he very much desired to
ply with his wishes He wonld be the last In the
world TO subject jurors to inconvenience unnecessarily
but although the prisoner have been to bame-may
have acted foolshy and may have had improper pur
pose in doing-sh hc could not that he should
therefore be forced to have his submitted without
argument In trial for life and death should not be
too preciptatc.
The Court here consulted with the Jurors, who expressed
themselves very anxious TO get home
The CouRT aid that he desrous OF trying this
precisely he would try any other without any refer
ence OF all TO outside feeling
lr HnyT remarked that he physically incapable of
speaking tonight if fully prepared. He had worked
very hard last night to get the law points, until
he fell unconscious from exhaustion and fatigue
For the last five days and nights he had only slept ten
hours, and seemed TO him that justice to the prisoner
demanded the allowance OF little time in
traordnary In all its aspects as this.
The CouRT suggested that. II might have the opening
argument for the prosecution tonight at any rate.