The Lambertville press. [volume] (Lambertville, N.J.) 1858-1???, 1859-11-03

HARpER's BERRY TRouBLE.-TRIAL OF CAPT
Raowy. CaARLEsTowN Oct. 27.-The storm
Of last evening prevented the transmission OF the
latter part of the proceedings Of the court
The court finally refused to postpone the trial.
and the whole afternoon was occupied in obtain
ing jury Brown occupied cot on when ne
was carried into the court room.
During the session of the court the prisoner
laid with his eyes closed Though evidently
not much injured, he is determined to resist the
pushing of his trial by all means in his power
The iury were then called and sworn. The
court excluded those who were present at Har-
per's Ferry and also those who had formed or
expressed any opinion that would prevent them
deciding the case impartially Twenty-four'
mostly farmers from distant, some owning
few slaves, were selected as competent Jurors.
The inry were not sworn on the case, but the
intoe charged them not to converse upon the
case. nor to permit others toconverse with them.
CHARLEsTowN, Oct. 27.-Brown was brought
into court this morning, being able to walk;
but he Immediately laid himself down on his cot,
at full length within the bar. He looks consid-
erably better, the swelling having left his eyes.
Senator Mason is among the spectators.
Mcssrs Harding and Hunter represent the
Commonwealth, and Messrs. Bolts and Green
the prisoner
Mr. Bolts read the following despatch, re-
eeiyed this morning -
AKRON, O., Oct. 26th 1859
"To F. j. Faulkner and Larson Botts
CharIestown, Va.-John Brown, leader of the
insurrection at Harper's Ferry, and several of
his family, have resided in this county for many
years Insanity is hereditary in that family
His mothers sister died with it, and daughter
of that sister has been two years in the lunatic
asylam. A son and daughter of his mothers
brother have also been confined in the lunatic
asylom, and another son of that brother is now
insane and under close restraint These facts
can be conclusively proved by witnesses residing
here, who will doubtless attend the trial, if de-
sired
(Signed) ga. H. LEWIS"
Brown desires his counsel to say that he does
rot put in any plea Of insanity, and if he has
er been at all insane he is totally unconscious of
it, Yet he adds that those who are most in
sane generally suppose that they have more rea-
son and sanity than those around them For
himself, he disdains to put in that plea, and seeks
no immunity of that kind.
The jury having been sworn to fairly and i'm
partially try the prisoner the court directed that
the prisoner might forego the form of standing
while being arraigned, if he desired it.
Mr. Bolts put the inquiry to the prisoner, and
he continued to lie PROSTATE in his cot while the
long Indictment filing seven pages was being
read He is charged first, with Instruction;
secondly, with treason and thirdly, with muir
der
Mr.. Harding, the District Attorney, address
cd the jury. He presented the facts ofthe case,
detailing the scenes at the armory the killing
Of the bridge keeper, and the subsequent killing
of the citizens named in the Indictment; the sci
cure Of Lewis Washington and Mr. AllStadt,
with their slaves the formation of new gov
eminent within the limits of the Commonwealth
the holding of citizens as prisoners of war, and
the subsequent capture of the insurgents. He
read the law of treason, which provides that
levyng war against the State, giving comfort
to its enemies, or establishing any other govern
ment within its limits, are punishable with death.
The law against advising with slave to pro-
duce an Instruction Furnishes the offence with
death The murder of citizens is a capital of
fence.
Either Of these charges of the Indictment if
proven, is thus punishable with death. All these
charges would be distinctly proven beyond the
possibility Of doubt on the mind of the Jury,
&c.
Mr.. Green, on the part of the prisoner gave
the law applicable to the case He reminded
the jury that they are the judges of the law and
fact; and if they have any doubts as to the law
and fact Of the guilt Of this prisoner, they are
10 give the prisoner the benefit of that doubt
The first charge Of treason-as a specific act of
tFeason-must be proven 1t must be proven
mat be attempted to establish seperate and
distinct government and it must also be proven
what was the purpose of the reasonable acts be-
fore you can convict him on these charges If
it is intended to rely on his confessions to prove
treason, the law, which distinctly says no con-
yictions can be made on confessions, unless made
in open court, renders this impossible. There
must be sufficient evidence to prove the charge,
independent of any confessions out Of court, and
1t requires two distinct witnesses to prove each