New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-01

that law did not warrant conviction, be should en-
deavor to make that appear to the jury. Still
be would gay he bad no sympathy with the
prisoner Hi birth and residence until within few
vears had been in Virginia in connection with the
institution Of Slavery. Although now resident Of the
Detric, OF Columbia he had returned to his native
State TO SPEND the remainder Of bis days, and mngle
h- dust with her roll. No other motive operated
him than dsineresed one 70 do his duty faithfully
He regretted the excitement respecting the case but
wa glad to hear the Judge say Saturday tina, be
desired TO try ths case precisely Ike other lie de
sired and the whole State and the whole South de-
sired hat the trial should he fair and It had been fair
Circunetance- had INTERRUPTED ts progress. Counsel
were here without proper preparation, but indulgence
had been granted, and they made no COMP ani. lhey
sbCuii do the best hev could under the circumstances.
and could not complain Of the excitement II
was natural. tie hoped IT would not interfere
with the coure OF justice, or cas-; - STAN upon
the bar Of the State The jury had sworn
they We're unbiased. and be presumed they
would firmly discharge their oaths in bringing IN
verdict lie could not understand, from the opening
of the prosecution, on what grounds these charge
against the prisoner were attempted TO De sustained
The Commonwealth Attorney INDUCED IN 4 stfain
abpse Of the prisoner and pronounced sentence on MN
without waiting the verdict OF the Jury, thus u-urping
the place Of the Judge. There We're three diS'nc
charges. The frst WA Of treason. This was an OF
fense al common law. The word Is derived from
French word signifying betrayal Treason mean
BETRAYAL of trust or confidence, the violation Of fidelity
or allegiance to the Commonwealth. de maintained
that treason could not be committed against common
wealth excert by a citizen thereof. In the pTcSeh
case the whole proof shows that this prisoner IL not
citizen Of Virginia, and he therefore cannot De iouhn
guilty Of treason. The Indictment chargesthe prisoners
with committing every act composing treason Ihey are
charged with levying war against the State, and ex-
citing riayes insufrecon; but there was no PROOF
thal they committed these acts charged no PROOF na'
thew reslsied any process Issued against item s Voi-
tors Of authority of the Commonwealth. They were
rather guilty Of resisting Col Lee, which was resist
suce to the Federal Government, and not TO the ,Om-
monwealtb. lie had read carefully the prepared fro-
viaional Constitution, and regarded II as rhcuions
noIrense-a wild, chmerical production. IL conid
ouy be produced BY men OF unsound minds. III de-
finer no territory which Is intended to operate,
and says that We, that Is, the slgners OF the uocu-
ment no, all citizens of the United States,
90 establish the following Provisional Government.
What il il II is an association or cOparnersp they
are to own property in common and regulate its ten
ues; il did contemplate Government, but merely
Z, voluntary association to abolish Slavery; DID not
even undertake to levy taXes which IL essential 10 any
Government. Ii does not appear that tins association
was TO be established IN Virginia or where u
war to 20 into effect This was not treason. IL
il the abortion of a Constitution or estabish-
ment Of a Government? by no means. Those
rarties had mere imaginary Government TO gov
ern themselves and nobody else, just Ike govern
ing military company or debating society Even IL
they intended TO set up government over Che other,
tIey did moi do IT, There Was "a principle that every
niece Of evidence Was to be construed most iavoraby
TO the accused who should have the benefit OF every
doubt In considering the evidence they must consder
tie whole Of itley must take the declarations OIL the
pri,oner in his own favor az well az against himself
Now look at the 10th Article of this Provisional Con-
stituion which expressly dec ares that the foregoing
articles shall not be construed 10 encourage TIE over
throw Of any State Government or Geneid tOVerh-
mon, and lead 10 dissolution of the Union, but ship
lv as amendment and repeal. This was on evidence
before the Jury being submitted by the prosecution
Again the prisoner IL charged with conspirng WIN
slaves TO make an insurectiOn. No proofs show that
4 frtfn II
was the cse there was no conspiracy; one purity
camel conslre alone Each charge to he considered
alone by tie Jury. If they believe the evidence, II
does ret warrant the convection OF treason
and they must consider the charge Of conspr-
ocy int ~ IL no charge Of treason had been made
one count in the indictment was not to be brought IN
to aid another He considered the prisoner had IA
night 10 he tried on one charge AZ ume' ana ehnes
disconnected with any other. The Court hAd, now
ever oyerruled the motion Saturday and hence the
Importance Of making this point clear TO the jury 20
that thew might confuse the various ofenses' ana
the evidence relating to each. Next, IA 70 murder.
I, was n very singular way of doing an indictment.
Five prisoners charged with the murder OF four
men That they might have Jointly done II ne c0uiu
understand, but that they could sever'F my uone
H. he declared it almost impossible for the priS
oner 10 make "a defense against such II charge III was
too loose and vague. BY the laws OF Virginia 'here
was but one specific murder punishable as capital ana
that war deliberate, premedtated MURDER Inc pros
cution charged the prisoner with murder IN the
6rst decree but he argued that evidence
in ,his care did not sustain the charge.
The prisoners conduct in the engne-honse
bowad no malice according to the testimony OF Col.
Nosb;noton and Mr. Alstadt. However ridiculous
~ rroect which il would seem could never have en-
cred tEe mind of sane man. he might stlll nave oe-
eved lie could carry out that pro)ect without oioou
he'd. At any rate, no sane man conu suppose ne ~
ected with a mere handful OF men, TO accomplish MS
hect by force and il is but fair 10 take his decara-
icns esrecally when compared with his acts that he
Intended to shed no blood, except IN seii-deiehsc.
ness YOU should believe, beyond the sgh,es, COUP
hat those declarations were untrue, ana tlat the
rieoner was actuated by malice IN taking the lives OF
hose who never did him harm, and against whom 10
,ause for malice existed As to heywood mere was
no proof AS TO how he met his DEATH or VINO Killed
him or for what cause, and As ms colleague had re-
naked the prisoner had motive To Kill negroes
subseouent contest resulted IN loss OF me- Dut the
prisoner endeayored 10 AVOID that connect LOT Tue p
nose of saving fe ard therefore couid ho' nave Dee
,ctnated by malice which IL necessary To constitute
murder III the first degree. Even II the prisoner Were
puil,y of murder in the second degree, or masiau9h
Ter vet neither a capital crime, ana MOI 'ue Ciline
CHARGED in the Indictment lie dd not KNOW ou' .''.
Rrown WAS justified IN returning the hre wheh hro
on under snch circumstances. Ii sort oil self
ddtanse and very probably, had a little more TINE
been allowed, those men could have been taken INTO
custody without loss of lfo Tie charged the Jury 10
look on this case far as the law would allow WIN
or ve favorable TO the prisoner. and when their YER
diet should be returned, he trusted that every man IN
the community would acquiesce IN H. omesS .ne
majesty OF the law were supported, dissolution oi te
Union must soon ensue, Win all the e'n7 " INN IA''
Necessarily follow III III tram
Air UUsTrR closed the argument for the prosecu-
lion He said he proposed 10 argue THIS case pleosef
like anv other. lie had hoped the counsel Tor 'he uS
fense would have omitted to nlerpoiate AN! o.sIu9
matters and to great extent he had been srd'lheI'
One remark he would allude 10 III tine opening speech
of the defense this morning, where he had oesh rep
resented az having drawn the picture oi the u,sleN
.led locks Of an alarmed beauty HIS TREND had uoiie
l. ipiu