New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-10-31


ages TO Danger No objection was made TO Browns
asking there questions in his way and interposng
verbal explanations relative 10 hi conduct The wit
mere generally oorrobcraied his own version OF the
circumstances attending the attack on the engine
house, but could not testify to all the incidents tbs; he
enumerated. He did not hear him sly tina; be surren
dered. Witness wife and daughter We're permitted
10 witt him unmolested and free verbal communica
ton was allowed with those outside. We were treated
kindly, but were compelled TO stay where We didn't
want TO be. Brown appeared anxious to effect COM
promise.
s.NuEL SSrprR sworn. This witness proceeded to
cetal the whole circumstances Of the two days, with
what he Jaw what he thought, and what be heard.
Nothing new was elected He confirmed the state
meui Of the other witnesses that Brown endeayored
TO protect h- hostages and constantly said that he
i-hed 10 make terms more for their safety than his
oSn d.
Mr. Hon. at half-pas one o'clock. complained Of
indsIOsou from the heat Of the ROOM and asked that
the usua! recess for nner be taken.
Tie Court then adjourned for one hour.
AFTERNOON SESSION.
At q o'clock the Court reassembled, and Mr. Girls
void taking his seat by the side Of the prisoner, pre-
pared TO question the witnesses, and 10 receive from
him such suggestions in the course of the examination
a. lie had to make.
Capt. SIM. commander of a volunteer company Of
Frederick, Md. was sworn-The report came 10
Frederick that $50 blacks and Aboltionlsts combined
bad seized Harper's Ferry witness started for the
Ferry with the volunteers under command Of Col.
Shriyer, ard was glad to find their numbers were
exaggerated after he reached there Monday after
noon the door Of the engnchou-e was partially open,
and witness hailed from there; two shots had
been fired from there; witness hailed and went
in: be net Mr.. Dangcrfeld and others there;
CAPT. Brown said witness thar he had proposition
to make, to which he listened; he wanted IL be al
lowed TO 90 the bridge unmolesied and we then
might take him if We could he had fought Uncle sam
Leiore, and was willing TO do II again; Brown COM
planned that his men had been shot down ike
dogs, while bearing flag of truce. Told
dogs if they took up arms in that way.
Brown raid he knew what he had 10 undergo before
lie came there-he had weighed the responsibility and
should not shrink from IL he said he had full porses-
zion Of the and could have massacred all the IN
habants had he thought proper to do 20, but he had
not, lie considered himself entitled TO some terms;
Brown said he had shot no one who had not carried
AIMS told him that Mayor Beckham had been killed,
ard that | knew be was altogether unarmed; he
seemed sorry 10 hear of his DEATH and said " fight
only those no fight me; - witness then told the prs
oner that he did not think any compromise could
be effected; Brown said be kept the hostages for
bis own safety; they did not appear to fear any
injury from him or biz men, but only from attacks from
the outside; every man Lad gun, and four-iiths OF
them under command; the military had ceased
firing, but men who were intoxicated were firing their
guns in tie air. and others at the engine house Brown
or any Of his could not have ventured outside the
doors of the engine-house that night without being
shot: saw Stevens in the hotel after he had been
wC&nded and shamed some young men who were en-
10 shoot MIN MIN he LAY III Ills
entity dying; told them that if the man could stand on
his feet with pistol in his hand, they would all jump
out of the window. Capt. Sims testimony at
great length, but little was ELECTED.
On the conclusion Of his testimony, Capt. Sim stated
that he had relted here at the summons of the prs
oner to testify lis behalf with great alacrity ~
he had come t. testify against him. He had no SYM
Iathy for the act Of the prisoner for hl- movement
tie contrary lie wond be one OF the hrst TO bring
lin 10 IunishIre it But he regarded Capt. Brown
a brave nan, and being informed that he wanted him
here as q witness, lie returned with pleasure. As
Southern man. he 10 state the facts about the
case 30 that Northern men would have no opportu-
nity of saying that Southern men were unwilling 90
APPEAR az witnesses in behalf OF one whose principles
they abhCued. .
I.RAyr RUSSELL, sworn-Was the bearer of flag
of truce from Browns party to the citizens OF the Fer
~ ils testimony was merely IN corro0ordtlon OF the
facts stated by the previous witness
TERRENCE Burns, sworn-Was taken prisoner by
Cant. Cook and two Others was one OF the ten nos
taeer confined in the Engine-House; Brown had five
Fix OF his men there; he did not give any reason TO
us why we put there, except that was for his
w safety, he rad he did not think any attack would
be made upon the Engne-House while the hostages
Here The dofense closed their testimony. None of
the Illnesses for the defense cross-examned by
the State.
Mr.. Chiffon, for the prisoner, rose and submitted
motion that the prosecution in this be compelled
to elect the Indictment and abandon the others.
The Indictment consists of four counts and il Endorsed
thus: " An indictment for treason and advising, and
consJirng with slaves and others to rebel, and for
the charge of treason il in the first and the second
count alleges "A charge different from that which il in
doreed on the back of the Indictment, and which liz
upon record. The second count is under the following
statute If free person advise or conspire with a
slave 10 rebel or make an Instruction, he shall
be ruuished with death, whether such re-
beIlion or instruction be made or not.
PINT the second count OF the indictment il that these
narties who are charged BY the Indictment " con-
fl.., with fbsrI n
slaves the property of Messrs. Asiadf and Washing
ton. 10 make rebellion and instruction. There IL
broad distinction between advising ana cOnSprlg WIN
lave- 10 rebel and conspirng with others to induce
slaves 10 rebel Whether he was 70 avail hIm'en OF
their irregularity by instruction from the court
10 the jury TO disregard tins second CONT en-
tir,ly. or whether il would be proper to wal'
unt the conclusion OF the trial' anu 'neh
eide He proceeded argue the motion that the pros-
ecution he compelled TO elect one count ana
abandon the others, quoting AIchiDald5 snii-
nal pleading in support OF his view. nc
further alluded to the hardship which rests upon
IT, prsoner 10 meet various and distinct charges IN
the -aue trial From the authority ne read II woud
he seen that in or treason, different descriptions
81 treason could not be united in the same indictment;
liOh treason could be associated with other treas,
on II an inferior grade OF the same character eOuh
not T.. included in separate counts, sun leNS
car offences OF higher grade. Treason IN TINS country
i high treason. Treason against the state OF VIZ
Mo !. treason again Il her sovereignty. We have no
tEer descrvon Of treason, because treason can only
he ntted against sovereignty whether that OF the
United S;ates or OF "a sovereign state.
NrH.RDISG could not the force OF the Objection
made BY the learned Counse on ne otnef sue. AZ re
- Ia ,eparats offences beng charged these were
fu, different parts OF the transaction treason
ooar.t the Government II properly made the subject
OF one OF the counts. But we also nave oounl Vi
rTr for il can hardly be supposed that treason can
exi,t without being followed or accompanied by muir
S.r Murder arose ont OF this treason, and Was tne
/ -. L L.. .-rar..