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

wise or cOnSplIe With a slave TO rebel or make an
surrection, he shall be punished with death,
whether such rebellion or Instruction be made
or not" But the second count in the indict-
ment is that these parties who are charged by
the Indictment conspired together, and, with
other persons, to induce certain slaves, the prop
erty Of Messrs Alstadt and Washington, to make
rebellion and instruction
ANOTHER MOTION FOR TIME.
| Mr. Griswold remarked that the position Of all
the present counsel of the prisoner was one of
very great embarrassment. They had no dispo- /
stion to interfere with the course of practice,
but it was the desire of the defendant that the
case should be argued He supposed that coun-
sci could obtain sufficient knowledge of the evil |
dence previously taken by reading the notes of
it. But it was now nearly dark He supposed, |
| if it was to be argued at all, the argument for
the Commonw ealth would probably occupy the
attention of the court until the usual hour of
adjournment, unless it was the intention to con-
tinue late evening session From what had
heretofore TRANSFERRED he felt a delicacy in ma
king any request of the court but knowing that
the case was now ended, except for mere argu
ment, he did not know as it would be asking too
much for the court to adjourn after the opening
argument on behalf of the prosecution.
COMMENCEMENT OF ARGUMENT.
| Mr.. Harding then commenced the opening ar
gument for the Commonwealth, and spoke only
for about forty minutes. He reviewed the tes-
timony as ELECTED during the examination, and
dwelt for some time on the absurdity of the claim
or expectation of the prisoner that he should
have been treated according to the rules of hon
orabe warfare. He seemed to have lost sight
of the fact that he was in command of band of
murderers and thieves, and had forfeited all IT,
tie to protection Of any kind.
The court then adjourned at S o'clock to meet
again at 10 O'Clock on Monday morning, when
Mr.. Chiffon will deliver the opening speech for
the prisoner
CHARLEsrowN, Va, Oct 81 The court met
at nine O'Clock this morning.
The prisoner was brought in, and the trial
proceeded without delay Brown looks better
than heretofore, and his health is evidently I'M
proving He laid on the bed as usual
Mr. Griswold opened for the defence, taking
up the several charges of the indictment, and
replying to the points made in the opening ar
gument of the prosecution. He alluded to the
peculiar circumstances surrounding the present
case, and hoped the jury would give it calm and
dispassionate attention, divesting, as far as pos
sible, their minds from all prejudice, and disre-
| garding outside influences. Let the prisoner
have an impartial trial under the laws of Virgin
ia, and let him be acquitted or convicted, &C
cording to those laws, and the evidence given in
the case, &c.
Mr.. Chiffon spoke of the embarrassments
with which he undertook the case. He inten-
ded to do his duty faithfully and had come to
deal with the prisoner, not as Capt. Brown,
leader of this foray, but simply as a prisoner
under the charge of violating the law. IF that
law did not warrant his conviction, he should
endeavor to make that appear to the jury. He
was glad to hear the judge say on Saturday
that he desired to try this case precisely like
others. He desired, the whole State and the
whole South, desired the trial should be fair.
i 1t had been fair.
Mr. Hunter closed the arguments for the
prosecution. He said he proposed to argue
this case precisely like any other He had hoped
the counsel for the defence would have omittep
to introduce any sort of outside matter and, to
great degree, he had been gratifed. One
remark he would allude to- In the opening
speech of the defence this morning, where he
had been represented as having drawn picture
of the dshevelled locks of alarmed beauty, his
friend had done him injustice in attributing to
him design of exciting alarm or disturbing the
people unnecessarily He had endeavored to
march straight forward with the sole purpose
of dscharging his duty and procuring justice,
&c.
| During most of the arguments to-day, Brown
lay on his back, with his eyes closed.
| Mr.. Chiffon asked the Court to instruct the
jury, that if they believe the prisoner was not
citizen of Virginia they cannot convict him on
the count of treason
The court declined, saying the Constitution
did not give rights and immunities alone but
also responsibilities.
Mr. Chiffon asked another instruction to the
effect that the jury must be satisfied as to the
place where the offence was committed, within
the boundaries of Jefferson county, which the
Court granted.
THE VERDICT.
|