The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-01

CSV'"f IudI trust lhtn quasi consent with which
| he Is invested when within our borders. By the
operation of the Federal Constitution, he was q
citizen when he was here and did that bond o.
union which may ultimately prove a bad end TO Il,
IN tile SOUTH allow him to come into the bosom of
the Commonwealth with deadly purpose of an
plying the torch to our BUILDINGS and sb nddin the
blood Of our citizens
But again, our code defines who are citizens or
Virginia. All free white persons born in anv other
State of this Union, who NAV become residents
here, are citizens of this State. The evidencn in
this case shows that there is no shadow of oueston
That when this man came to Virginia and planted
his ieet IN Harpers Ferry, he came to reside there
and hold place of residence nermannntIv Trra
he occupied farm four or five miles off in Marv
land L short time since, hut not for the eoitino{o
purpose of establishing domicil there. 1t was for
nefarlOus and hellish purpOse-to rallv forces to
Invade this commonwealth and establish himseIf :
Harper's Ferry as a starting point for a new goy-
ernmcnt, whatever it was, whether tragica or far
cical; and ridiculous his counsel have presented
1t, his conduct showed it if his declarations were
Insufficient that it was not alone for the purnosa
OF carrying off slaves that he came there
Ills provisional government was a real thing and
no debating society as his counsel would have Us
believe; and in holding Office under it, and cxecu-
tng ms Office under it, and executing its functions
ne was clearly guilty of treason. The 10Th section
has been referred to showing it as not treason
able; but he supposed that meant that the new
government was to be union of the separata
states IKE the present, with the difference that all
be taken together. The property of slayehoIdars
was to be contscated all over the South and any
man lound IN arms was to be shot down. Their
conduct at Harper's Ferry looked like INSANITY
Dut there was too much method in Browns
madness. His purposes were too well matured.-
And he and his party declared there were
thousands in the South ready to Join them.
While the jury are to take the whole declaration
OF the law the books expressly declare thev NAV re
Ject, II they good cause to do so, that which
would eXtenuate the guilt of prisoner, they are
not bound to believe it-they are bound to consider
it-thats all.
Now as to the charge of c0nspiring with slaves to
rebel the law says the prisoners are equally guilty
whether insurrection is made not. Advice NAV
be given by actions we'll as words. When YOU
put pixies In the hands of slaves andhave their mas
ters taken captive that is advice to the slaves to
rebel and is punishable with death. The law does
not require positive evidence but only enough to
remove every reasonable doubt rs to the ouilt of 4
party. Sometimes circumstantal evidence is the
strongest kind for witnesses may periurc them
selves, 0" be mistaken.
The defence say they do not know who killed the
negro Haywood: that Brown did not do it, because
there was no object for his doing so. But that it
was dark, and the supposstion is that Haywood was
killed by mistake They say Brown shot no armed
men, but Beckham was killed when unarmed and
he, therefore, thought the whole case had been
proved by mass OF argument. With regard to the
question of malice, the law was that if n marty
perpetrated felony and undesgnedly took life
1t is conclusive proof Of malice
If Brown was only intending to steal negroes and
IN doing that took life, it was murder with malice
prepenSe. so the law expressly laws down that Kill
ling committed in resisting officers in attempting
to quell riot or to arrest the perpetratorof Grim
lnal offence is murder in the first degree. Then
what need of all this delay to nrove that Brown
treated his prisoners with laniencv and did nor want
to shed blood?
Brown wanted the citizens of VIRGINIA calmly tn
fold their arms ard let him usurp the government,
manumit our slaves, coniscate the property Of
shareholders, and without drawing trigger or
shedding blood, permit him to take possession OF
the commonwealth and make it another Havti-
such an idea was too abhorrent to pursue. SO too
the idea that Brown shed blood in self defence 1t
was too absurd to require argument
lie gloried in coming here to violate our laws
He says he had counted the cost and knew what
he was about, and was ready to abide the conse-
quences. That proves malice: thus ADMITTING every
thing charged He knows his life was fori1d irL La
failed. Then is not the case made ont bavond all
reasonable doubt? We therefore asl, f,r hi, CON
vidtion to vndicate the majesty Of the law.
Mr. Hunter closed at = o'clock.
During most of the argument Brown Law on his
back, with his ewes closed.
Mr.. Chiffon asked the Court to instruct the iurv
that if they believed the prisoner was not citizro
of Virginia, but of another State thew cannot CON
vict him on the count of treason ''''-
The Court declined. saving the Constitution did
not give rights and immunitIgs alone hut Il also
imposed responsibilities
Mr.. Chiffon then asked for another instruction to
the eject that the luiV must be satisfied that thp
place where the offence was committed was within
the boundaries of Jefferson county, which the
Court granted.
A recess was taken for half m hour. When tha
jury came in with their verdict m intense avcitn
ment prevailed
Brown sat up in bed while ihc verdict ,ros ron,
dercd as follows: ~"
"The jury find the prisoner cuiItv Of treason in ad
yisnp and coDspirinr with slov.s ord otIar, -
rebel; and of murder in the first dcrroe "''''' "
Brown laid down cuictlv and said rotI,i,o,
There was no demonstration or ,r,, liza ''''
Mr. Chiffon moved an arrest Of ind ,,,on. hath ~,
account errors in the indict,,ri3t ,,J az , i
the verdict VI -
Inc points VIII be argued tomorrow.
iI nFo%h va was was remanded to jail.
MT HarGihg announced that he was ready to pro
coed win the the trial OF Cope" who was brought
IN ana TOOK ms seat between MtSSrS. GrisWOld and
h9yt VINO appeared as his counsel.
me remainder oil the day was spent in endcavnr-
ing TO OBTAIN jury but the panel was not com
PleIe "heh at . {" clock the Court adjourned.
pFps0v,J
A hatch or s,,,, fro. .oori,,',,,. ,,r l,.....,
during IS5e nv. onn (,j iIn1L E ,''.a y" -
H. ~ ,i'UJ ' ~ "'' i"T" "'"tS' appears IN
r. ".N iIeI"", PuP'I lG@ 10 disclose the
t ,I ~, 1iic I ' ~ an" y man "I I'isI the
- T.. " .',S lla' I'l I''IH "tIpE ga was known
~ ~ seward sumner, Hale, Gov. Chase oi
~ "liu o'ho' - ahu l"dL ihef suffered the pro
i has bL ""4 7" "gG. '.t "i,"'u"ps folt mat
L,Io Iro,,, ".''',"' .ii"'' - ''e r"lirFF' me
of. C'I ~, lC>'s "n inc "SSeiIoN7 oI the
G.ni', cs,io' OU, o1,o,orE u, nj ,-;-,
sotio catns r. ill.,, l'luCl -, '"e accu-
''.oH a. ltl"tt' 70 "'ul' ""t 'cNh"Wicd%es giving
E"1 80 Iii"ne ,NalSl" lr'e stat.
wrote bnTrG tbat bo .,boJ tt , ltlG'S
tiaD o+ ,,nii,, III @ t'l' ~ 49, I',.:"l Sal'slc-
" - .'S WI VII 'i "'''' MS I'' ''''cc1S'"t