Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1859-11-04
TRIAL OF JOHN BROWN.
The Arguments of Counsel.
Verdict Of Guilty,

Mr.. Grlswold opened the defense. conten,
iny that Brown could not be guilty OF tres
s:n, inasmuch as he was not citizen Of Vii
giaia; aid as to the charge of Lowing wa
against the State, the evidence did not sustai
that. lie admitted. however, that Brow
came t. Virginia for the purpose OF runnin
away slaves, and for that crime he was am,
Mt BILE to the laws Of Virginia. While al
tempting to carry out that purpose, he too
temporary Possession Of the arsenal at Han
per 5 Ferry, ana while there attempts wer
made to arrest him, and it was while tn
prisoner was resisting these attempts tina
blood was shed and lives taken. This, coun
sci contended, was not leyying war agains
the Commonwealth, nor would it necess.lril'
constitute lcvying war. even it murder ensu
ed. because the shedding of blood may no
have been contemplated. Mr.. G. then re
ferrej to the Constitution of the provisi ma
Government, found among Browns papers
which he contenaed was as harmless AN atiiil
as the organization OF debating OF any sim
liar society, which, in this country. are FIRE
quenty created with all the outside form.
and machinery of government.
/ Mr.. Griswold further argued that the ury
could not find Brown guilty of treason, TN.
d iVro ivy N''A nun Suity VI assoSh.tlS hiii-
self with others to organize a government to
overthrow the government Of Virginia, but
il the pamphlet proved ANYTHING, it shows
that an attempt was made to overthrow the
government OF the United States, and not Of
Virginia but it was IN vague and unmean-
ing language, which really meant nothing
but the renewal of obnoxious laws in the
Constitution. As TO the charge of conspi
ring with slaves, no one had testified that
Brown. or any one with him. said or did one
thing 10 induce slaves to ris F., in rebellion -
Slaves were taken possession of for Temporal
~ purposes, and placed in the arsenal; but
Col. Washington has testified that no one
took part in the matter except Phil, who at
the suggestion OF one Of the prisoners, at
tempted to Grill n port hole. and tina, was
done. not for Instruction or rebellion, but
10 protect themselves. True, they were anne
n.hle to punishment, but not us they were
indicted. With regard to murder, In the
first degree, this involved premedit;.ted mur-
der, but he argued that no such malice had
beet shown; guns were fired in all directions,
and they fired, OF intended to fire. only on
armed men. Without excusng their con-
duct toy one moment, he would remark that
it retutcd the idea Of preneditated malice /;
they had not a, the time iurethousht and re-
aection which the law allows.
MIR. Chiffon followed. also for the defense
W Lille he had no sympathy fol the prisoner,
being Niryiniau 10y birth and residence u n
Ill within u few years. he had no other mo
tive in the case than to do his duty faithful
y. Mr.. {. then went at great length into
tue case. the arguments being ola similar
ten IT, those at mis- associate.
Mr. Hunter 81 ,sed the argument for the
State. lie contcnded that the cole of Nir-
g!nis defines who are citizens OF Virginia As
ALI those white persons born in amy other
State oi this Uni III, who may become resi-
dents here The evidence in this case
shows without u shadow OF Il question that
when this man came To Eirs mia, ard plant
ed his feet at Harper Ferry, he came there
u reside and hold the place permanently
Ii il true that he occupied Il :arm iuur OF five
miles off in Maryland, Il short ti.ne since, but
hot Tor the legitimate purpuse OF establish
Ing his doInicii there. IL was for Tie netari-
Gus and t,ell,sh purp 'se oil r.ilyin. forces in.
Ia ttis commonwealth. and establish him
self at llarIsrs Ferry as Il starting punt
for Il new government Whatever it Was
whether trdsical, or iarcicai and ridiculous,
AS his counsel has presented it, his conduct
showed II his Il declarations v ere insult ielt,
that 1t Was not alone Tor tine purpose vi car
ryins uh say that he came there.
HIS Provisional Government was real
thing, and no Debating society. AS his c ,un-
eel wouid have Us believe. and. in huldnr
'.hce under it and ex rrising its functions he
Was clearly guilty OF treason. A. To cot,spi-
ring WITH slaves AMI rebels, the law SAWS the
prisoners are equally guhty. whether i,sur-
reetion /. fntde or not. Advice may he CIV
en- l'y actions as well as words. Wien You
pat pixies in the hands of slaves. and have
their masters captive, that is advice to slaves
to rebel, and punishable with death.
The law does not require positive evidence,
but only enough TO rcmove every reasonable
doubt as to the guilt oi the party.
MIR. Hunter closed at hali-past one
Du.inS most ot the arguments to-day,
Brown lay ON his back. with his eyes closed
/ Mr.. Chiffon asked for certain instructions
+ u the jury. but the only one granted Wa.
that the jury must he 80, isti ID that the place
where the olietse was committed WAS within
the baundarl Of JED rson county.
\ recess VI halt an hour WAS taaen.
I'hr Xprli.f