Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-10-28

Of their slaves and carry them OF BY vio.
leuce, and was happy 10 say against The will
Of the slaves, oil Of them having ESCAPED and
rushed back 10 their masters the hrEt oppor..
tunity. He concluded BY urging the jury
10 cast aside all preiudiocs and 70 give the
prisoners fair and impartial trial. and not
to allow their hatred Of abolitionists 10 inau,
once them against those who have tho black
fag on the soil Of this commonwealth
Mr.. Green, on the par, Of the prisoners
giving thc law applicable to the ease, re,
minded the Jury that thoy are Judges Of law
and iaot and that Il they have any doubt as
10 the law or fact Of tho guiltofthis priso-
ner, they are TO give tue prisoner the benefit
Of that doubt
The first charge IA treason--a specific act
Of treason--it must bo proven that he at,
temptei to establish a separate and distinct
government, aud IA mustalso be proven what
was purposed in reasonable ucts before you
can convict him on those charges Ifit is
intended to rely on confessions 10 provo troa,
son, the law distinctly says no convictions
can be made on confessions, unless made In
open court. There must DO sufficient evil
deneo to prove the charge Independent Of
any confessions nado out Of court, and il
requires two distinct witnesses to prove
each and every act OF treason Second
conspiring with slaves 10 rebel and make
insurreotioni the jury must be satisfied that
such conspiracy was done within the State
Of Virginia and the jurisdiction Of this court
IL done in Maryland this coHrt could not
punish the act as if done within the limits
Of the nrmory at Harpers Ferry.
Although the jury may have doubt about
the law on this subject they must give the
prisoner tho benefit Of that doubt; and upon
the last account, that Of murder, the crime
being committed within the limits Of the ar,
mory, this court has no jurisdiction; and as
! in the case of Beekham, il WIS committed
on the Railroad bridge, it was committed
within the State of Md, which State claims
jurisdiction to the armory grounds AL.
though he may be guilty Of murder il must
be proven that 1t was willfui, deliberate and
premeditated murder, TO make IL capital
oAense. II otherwise tho killing was mur.
der in the second degree, punishable by i'm,
prisonment lfthere is any doubt on these
points you must give that doubt to tho pris'
oner. He was satisfied that the Jury will
not allow any outside excitement to affect
them; that they will do their duty faithfully
and impartialy.
Bolts, in reviewing the law bearing on
the case, evinced determination to avail
himself Of every advantage that the law al
lows, and do his duty 30 the prisoner ear.
nestly and faithfully, IL is due to the pris,
oner to state that he believed himself to be
actuated by the highest and noblest feelings
that ever coursed through human breast
His instructions were to destroy neither
property nor life They would prove by
those gentlemen who were prisoners thai
they were treated with respect and that the,
were to keep in positions of safety, and tina
no violence was offered to them, These
facts must be taken into consideration anC
have their due weight with the jury.
Mr.. Hunter followed, stating his purpose
to avoid anything by way of argument o.
, explanation not Immediately connected will
the particular issue to be tried, and to marcel
straight forward to the attainment, so far Al
may be in our power of the ends Of justice
by either convicting or acquittlng the pris
oner at the bar. With single preliminarl
remark explanatory Of his position here o
an assistant prosecutor, which had been as
signed to him by the governor Of tho com
monwealth, as well as by his Honor tn
Judge, he passed at once to the review o
what is the law in reference to the case, an
|. what ne expected to be able to prove to th,
satisfaction of the jury.
. First, as TO treason; thu was probably the Grs
case Of high treason or treason against the State
that had ever been tried here by our State courts
and ho iervently hoped that Il would be the las
4, thatwould ever occur. Probably in some degres
} not only upon our decision, but upon our promp
, decision OF this case, will that result depend II
i Thought his friends on the other side were total
mistaken in the Wow that the law rs 1t now stand
the statute book In reference to ovt ri acts wa
J other In the language substantially that cor
tanned in the Constitution of the United State
{ On the contrary the phraseology had been varie
from the Constitution, and as he conceived, Tor
-, fair and palpable purpose.
All the powers vested In the federal govern
J ment were given with great jealousy. This wa
an historical fact, perfectly familiar, and conse
, quently while treason against the United State
consists only IN levying war against them, or ad
. herring to their enemies, and giving them al
/ comfort; and there is provision that no perso
shall be convicted OF treason unless on the test
, mony Of two witnesses, some overt act as comics
sion in open court, yet the State law Is more fu
and includes within its definition Of treason ais
the establishing without the authority Of the lee
islature any government within its limits separal
, from the existing government, or the holding
executing under such usurped government of an
office, protesting allegiance fidelity to it or re
! stricting the execution Of tho law under color ,
Q its authority, and goes on TO declare that sue
i treason If proved by the testimony of two witue
Il ses to tho same overt act, or by confessions
court, shall bo punished with death.
q Mr.. Hunter proceeded again to the question
= Jurisdiction over the armory grounds, and exam
! ined the authority cited on tho other side of Al
!, torney General Cushing. The latter was an ab
man, but came from n region of the country W hel
Q the opinions arc very different from ours in relI
/, tion to ths powers Of the federal government 1
n affecting State rights. Our courts have decide
q adversely to Mr.. Cnshing's views for all tin
= past The Jurisdiction of this court of Jefferso
{ county in regard to criminal offenses committe
: at Harper's Ferry, has been uninterrupted an
A unchalenged, and whether they were committe
: on the government property OF not.
n There was broad distinction between the ces
sation of Jurisdiction by Virginia to the federl
!, government, and the mere assent Of the Stat
: that the the federal government should become
: land spoiler within It's limits. The law of Vii
d ginio, by virtue Of which the grounds at Harper
q Ferry were purchased by tho federal governmen
: tceded no jurisdiction. Brown was also guilty 0
a his own notorious confession of advising the cor
a splracy. In regard to the charge of murder, th
= proof will be that this man was not only engage
y In numbering our citizens, but that be was Ii
i chief director Of the whole movement. No maj
ter whether he was present on the spot, OF a mi
Q OF, he is equally guilty.
d In conclusion, Mr.. Hunter said he hoped Il
? case would be considered with fairness and in
:, partiality, without fear, favor or affection, an
: only asked that the penalty might he visited 0
the prisoners which safety requires, an whie
: a lnuun Of dad "A