The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-01

United Safes twenty one men, black white, whom
there was nothing In tho world 70 Csc him, how IN
Heavens namc can DO cup osed, with him
and all bis companions struck down, the Gonth
awake, everybody On tho alert 70 enterprises
Of this kind, that there tho rsmotest 1
danger Of another scheme similar 70 hias % hardly
necessary to make thesc remarks; Is tho duty tho
jury to be blind 70 all outside Of the case. The physical
courage Of those who suppressed the insurrecoa has
been highly commended, but morarcoursgs superior
TO That which resist prejudice and passion Let
simple justice DO etcd out tho prisoner Hc asked
more, and called on tho jury preserve their oAths in
TACT their honor untanshcd and tho reputation Of the
commonwealth for jusco, magnanimity and chivary
stained. Mr.. Griswold closed by saying behalf Of
bis client, that no had no exception TO take TO
particle OF the evidence given on no trial but
deemed IL wondor, undor tho circumstance that the
truth should have been fully developed ~ BEEN
He especially bore honorable testimony to Captain Sim,
who voluntarily from another state with the simple
purpose Of doing justice.
Mr. CIzoS spoke Of the embarrassment with which he
undertook the He Intended 70 DO hs duty faithful
~, and had come to deal with the prisoner not Captain
Brown, leader of this foray, but simply al prisoner
der the charge OF violating tho law. II that Law
did not warrant a conviction, he should endea-
vor to make that appear 10 tho jury. sall ho
would say no had no sympathy with tho
prisoner. His birth md resideDee, un.l within few
years has been Virginia in connection with tho instu
ton Of savery. Although resident Of tho District
Of Columbia, he had returned 10 his native State 70 spend
che remainder Of his days. and inglo his due. with her
SOIL No other motive operated him than disinerest
cd one TO do his duty faithfully. lie regretted tho excite
ent respecting tho case but glad hear the judge
say Saturday that he desired try this precisely
like others lie desired, and the whole STATE and the
whole South desired that tho trial should be fair and
had boon fair. Circumstance had interrupt
cd It's progress; counsel here with
out proper preparation, but indulgence had
been granted, and they made complaint. They
should do the best they could under TIE circumstances,
and could complain Of the exci.emeu natural
lie hoped would not interfere with the course Of justice
or cast stain the honor Of tho State. Tho jury had
they unbiased and he presumed they would
firmly discharge their oah5 in bringing in verdict He
could no. understand from the opening Of he prosecution
on what ground these charges against the prisoner
attempted TO DO sustained. Tho Commonwealth
ATTORNEY INDUCED in strain Of abuse OF the prison
or, and pronounced sentence on am without
waiting tho verdict Of the jury, thus usurng the place
the Judge. There three distinct charges; the first
was Of treason. This offence a; common law the
word is derived from French word signyng betrayal
Treason betrayal Of trust confidence, the viola
ton Of fidelity or allegiance to the commonwealth lie
maintained that treason could not be committed against
commonwealth except by citizen thereof In the present
case the whole proof shows that this prisoner 10 not
citizen OF Virginia. and he therefore cannot be found
guilty Of treason. Tho Indictment charges tho prisoners
with committing every act composing treason. They arc
charged with icvyng against tho State and exciting
slaves 70 nsurrecton but there was proof that they
committed these acts charged no proof that they resisted
49,. 49, ...t-
riy Of the Commonwealth. They rather guilty
of resisting Colonel Leo, which was resist
anco 70 the federal government, and not to
the Commonwealth. he had read carefully the
prepared provisional constitution and regarded ridi
cuous nonsensea wild, chimerical production could
only be produced by Of unsound nands. 1t defines
territory which Is intended to operate and says
that we-hat IT, the sners Of the document, not All c
IONS Of the Unted Sateedo establish the following pro
vssona government What Is ~ is association or
coparnership; they are to own property IN common,
and regulate It's tcnures; did not oontom-
plato government, but merely n voluntary
association TO abolish slavery; did not even
undertake levy taxes which essential 70 any 60
vernment. does not appear that this association was to
be established In Virginia where go into oeot
This was not treasen the adoption Of constitution
tho establishment of government BY no nacans.
Those parties had mere imaginary governmcn. to so
themselves and nobody else, just like governing
military company debating society. Even they In
tended to Get up government the other, they did
not do It, There principle that evoty piece Of eyi
dcnce TO be construed most iayoraby to the accused
who should have the benefit Of every doubt Ia consi
dering tae evidence they must consider the
whole Of IT. they must take the declarations Of
the prisoner in his own favor as we!l as
against himself Now look q. the 4sh article of this pro-
aror
foregoing articles shall be construed to encourage the
overthrow Of any State government general govern
ment and look the dissolution of the Union but simply
as amendment md repeal This In evidence before
the jury being submitted by the prosecution. Again the
prisoner is charged with conspring with Slaves 70 mako
nm nsurrecen No proof is shown hat the elav eater
ed into conspiracy and unless that was tho case, there
WIS no conspiracy. Ono party canno. conspre alone.
Each charge be considered alone BY tho jury rtbey
believe the evidence, it does not warrant the conviction
Of treason and they must consider the charge q conspi
racy just If charge Of treason bad been made.
One count in the Indictment was nc. to DO brought In to
aid another BE considered the prisoner had right 70 be
tried charge at time, and entirely disconnected
with any other The Court had, however, ovorrued tho
motion Saturday and heccc the importance Of making
this pon. clear 70 the jury 80 that they might not confuse
tho various ocncss and tho evidence relating to each
an Indictment Five prisoners charged with tho
der Of four men, That they might have jointly dcne no
could understand, but not that they could severaly
have done Il He declared was almost i'm
possible for the prisoner 70 mako defence
against such charge. was too loose and vague. BY
the Laws Of Virginia there was but one specific murder pun
shabo aa capital and that vas deliberate preinedatcd
murder Yhe prosecution charged the prisoner with mur
der tie r. Degree but be argued that tho evidence n
this case did not sustain the charge. Tho prisoners con
Duct in the engine house showed malice, according TO
tie testimony Of Ool. Washington and Mr. Astodt How
eyor ridiculous his project, which would seem could
never have entered the mind of nan, be might
stu have beloved be could carry out that project
wsthou. bloodshed. At any rate, 10 sane man
could suppose he expected with moro handful
onen accomplish his object by fcrce; and is bu.
fair 20 take his declarations, especially when coupled
with his acts that he intended 10 shed blood except
sclfdefcnoe, unless you should believe beyond tho
donbt that thoec declarations ero untrue cna