New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-10-31
BROWN,S TRIAL.
money.

We doubt if the whole history of criminal Jurs-
prudence can afford an instance in which prisoner
has been put on trial at one and the same time upon
such multifarous collection of charges as are en-
braced in the indictment against Brown aud his
associates. This Indictment includes four counts.
The first charges treason against the Commonwealth
of Virginia The second combines the two distinct
charges Of conspiring TO induce certain slaves to
revolt and of advising the said slaves to revolt.
The third and fourth charge murder.
Not only are the defendants called upon to
meet at one and the same time these separate
ofenses charged against them, but each count by
Itself sets forth a number of distinct acts, each
and all of which, to make CT defense, the prison
ers must be prepared to re5pt. Thus the treason
count charges that the prisoners as band of or
gained soldiers in pursuance OF plan to make
war on the State Of Virginia, attacked, seized and
held the town of IIarpers Ferry; captured, and
forcbly detained as prisoners certain citizens emu
merated by name to the number of seven; shot and
killed five other persons enumerated by name, and
wounded divers others; set up and established gov
eminent separate from and hostile to the existing gov
ernment of the Commonwealth held and exercised
divers Offices under such usurped government; un-
der color thereof forciby resisted with arms the
ecution of the laws of the State; wounded divers
GOOD citizens when attempting with lawful authority
to support those laws Joined in open battle
with the civil officers and soldiers in the service of
the State: and resisted the militia lawfully acting
against them. The second count specifies by name
eleven or twelve different slaves whom the prison.
ers are charged with cOnspring to induce to revolt,
and with advising to revolt The third count emu
merates uo less than five separate murders charged
upon the prisoners. The fourth count reduces this
charge ID three murders-the cases Of the c0lOred
man Shepard, killed on the railroad bridge, and Of
the marine killed in the Arsenal grounds, being left
out of this count We suppose, as not being within
the jurisdiction of the Court
II must be evident that to meet such multiplied
ty of charcesmust require very laborous prepare
ton on the part of the prisoner and his counsel,
both az relates TO the law and the eyidence-a prep
araton which it is yery certain that neither the one
nor the other have had time to make. The prisoner
himself is suffering so severely from his wounds
that il is necessary to bring him into Court on a
cot, and to allow him to lie upon it while the trial
proceeds. Two out of the three counsel who at
present have charge of the defense, did not arrive
till after all the testimony for the Gov
eminent was put in, aud the other not
till the case had made considerable progress. They
are strangers TO the pecuiarties of the Virginia
code and have had no time 10 make any special
investigation into the facts. Under all these cir
cumstances Brown certainly seems to have serious
grounds for complaining that the pledge made to
him by Gov Wise of fair trial-tO which, indeed
Independently of any such pledge, he would be en-
ttled-is not fulfilled. What is fair trial 1t is
trial in which prisoner is allowed all the oppOr-
unites for making full and complete defense
usually granted in criminal cases. 1t will not do to
ay, by way of answer to Browns complaints, that
be has really no defense to make; that both the
aw and the facts are against him, and that
he very line of defense which be desires to pre-
emf 70 the Court and Jury amounts to confession
his guilt. Ii this allegation is to be taken as
onclusivs. If would not merely amount 10 an excuse
or cuItang Browns opportunities OF defense, but
would be good reason for not allowing him any
opportunity at all. Why waste the time of the
Court and Jury in listening to defense whichevery
body knows cannot avail, The Judge, however,
WHO presides at the trial. in his charge to the Grand
T. LII H., .ba 10 OF uutil