Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-11-11
TRIAL OF JOHN BROWN.
Speech OF the Hon. Hiram GriswOld, Of
Cleveland, for the Defense.

Jury;
Since the adjournment Of the Court on Sa
turday eyeRing have given Such attention to |
this case ~ | reasonably could, and such as l |
hope will enable me so far to condense my re- |
marks, as not to exceed the time allotted to me |
by the Court feel as though one hour was a
brief period in which to discuss the grave ques
tions involved in the and do justice either
to myself OF my client. But at the same time
am sure that one hour is worth more to rue
noo and to my unfortunate client, than an un-
limited period would have been Saturday
evening, coming into the case as did when 1t
was nearly closed and without any opportunity,
| previously to that time, to read the notes Of
| the evidence taken by the counsel WHO had
| previously conducted the defense. So that l
feel indebted to the Court for adiourniog the case
till this morning, under the arrangement, to
which have alluded, that would limit my re-
| marks tn one hour.
| TIE indictment contains four counts In the irst
count the defendant is charged With treason, in
| several, but not in all, the forms 10 which un-
der your Code it il declared that treason may
be committed In the second be is charged
with conspiring with slaves and Others to rebel
aud make insurrection, and with consp'rng
with others to induce slaves TO r., bel aud make
insurrection--these being two offences contain
ed In the same count Ia the third and fourth
with malice and sfOIethought, the five persons
named in the indictment, these two counts ho
ing az to this defendant, substantially the same.
They each charge him with killiog FIVE men,
making five distinct offences charged in one
count. 1t is also charged that each of the 10
PENDANTS named in the indictment shot and kill
ed each of the persons alledged to have been
killed-being very singular pleading, but Of
which advantage is to We taken, il at all, at an.
nfh tina and ntaca The crrna rharoad ia
murder in the fret degree
The crimes thus charged against the prisnuer
are the highest known 10 the law, and before
proceed to consider the question Of his guilt,
{ desire to say that have no sympathy with him
: or any man guilty Of these crimes This state
ment may be unnecessary. But being an en-
tire stranger to ell Of you, and possibly looked
upon with suspicion, Il is not improper for me
to make it. Nor is it improper that, in this
connection, should make one other remark
Allusion was made by witnesses to the suppos-
ed state of feeling in the North on this subject
Similar allusiOn was made by the Prosecuting
Attorney in his remarks, submitted TO you on
Saturday 1t caunot therefore be improper for
me to say that, SO far as know anything of
= public sentiment in the North in regard to this
, subject, and, as my business bri gs mo into ass
socIation with all classes of people there,
I ought to have a good know ledge OF it, there is
guilty of such offences az are charged in this in
detment There are those kthere, as believe
;. there are here, who believe that scenes similar
!. to those which you have lately Witnessed al
Harper's Ferry will from time to time trans
= pire in your midst But while they believe
such things will continue to happen, whether
he they be the result of interference from abroad
.: .: or the spontaneous outgusbinRs from within
your own borders, the natural rt suit ofagencei
ever here at work, they believe il with regret Il
is bee ruse they so believe, that they so earnest
ly desire the removal Of the ever melting cause
= Hence, though / come fro the North, !
Northern man, | come to try this case as an,
other where the defendant is charged will
crimes against the State. And ask you to d,
the same--to try this man as you would any
7, other charged with a violation of your laws
4, There are circumstances, connected will
y this trial, patent to US all, aud of which / ma,
s. therefore speak, which caCse me no little EN-
-, barTsssment l can but see and feel that tn
ease iS being tried under the influence Of groa
and wide spread excitement bearing with all ii
force directly against the prisoner. And, as
~ this were not enough to secure a verdict agaHs
him, the Prosecuting Attornng has presume
s to tell you that pale and anxious faces ar
~ hanging around and throngiug The Court House
invoking a verdict ofeOndemnstion against th
prisoner His distinguished associate too la
ty feels herself safe while things remain in the
th! present condition, with this case undsposcd o
I'd, These are the circumstances under which Joh
a, Browns life is committed to your hands, an
ri they m " we'll embsrrass his counsel But hay
y been rejoced to hear the remark made by s
- many, since have come among you, that III
defendant should havea fair trial [ was rejoit
ed 10 hear that the faith of the State wa
pledged, through your Governor, that he shoul
k.v fatr rial Ind I ~
O. hands. To this end demand something moi
aud than the mere forms Of trial. If you concet
M 10 him these forms, because--no matter VIII
-, the eVid nee may be--they are but the pGtl
way to the seaiiold you do not give him ia
. trial. II they are used merely as dTapery
conceal, for the time being, the gslIoWs th
looms behind, they are but a mUckery anl
Err sham Gentlemen demand fair trial
demand not the forms merely, but that the beI
eft Of every principle OF law and justice
which he is entisled, shall DO made available
i. his behalf, and that the evidence shall be eo
VV' sidered fairly, fully, dsPAssionstey, that "
1E shall not, in the language Of the Prosecu.n
Attorney, glide 0per Il, but that you shi
weigh il, consider L., anayEe IT, and that lift do
not lead you tOthe conclusion naturally sWitho
m, PerVeHing il for that puTpoSe-and beyond
~ reasonable doubt that he Ia guilty Of the preci
odenses charged against him, he shalt like o.
OtueE pithonctf 70 he4uitteus Auu ueUoNo
am bound 20 believe, You will endeaYOr to Ri
him such trial. and that you have been sele
ed IS the twelve men 10 DO found in I
a"' county who have the integrity and intslligen
J to do it.
The fret remark have to make applies
IT. all the counts, and the proof under them
N is charged Ia the Indictment that ell the
fences therein named were committed in II
lE county, and within the Jurisdiction Of Il
. Court. II is necessary that il should be
charged. This is a material aVerment and
ing 90, Il must be sustained by proof
GE must be satisfied from the evidence RIpen )
INA, " Court. that these offences were committed
Jefferson county. On examining the notes
st. the evidence do not find that any eVider
49, was given on this point aud on inquirng
informed that none was given. There
some things Of which a Court may take ia
eial not ce, but 3 Jury can only act upon I
A facts sailed in evidence. Every fact essent
4 10 q bnViction must be proved or all the "a
frn which it may be leRitimhely Inferred Il
:, tie faef charged is true, l ask the Court
N hA ruet the Jury upon this point in aecordaI
W..h the principle ] have stated And
maintain that it is as necessary 20 prove
q Court, that this transaction occurred Ia Je2
son county, a. il is 10 prove the firing Of q
q the seizinR Of a slave, or the commission Of q
~ Of the acts specified in the indictment.
'kS The first eouut, ss I have said, contains
charge Of Treason. Here raise point,
aithOut intending, myself, 10 sfgue Il. Oh
il that it may be understood that and my
Sociate concur In our views upon Il, and 1
eS the learned attorney who will close the aTl
60 mtnt ip the case may have the longer iim'