Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-11-01

NOT proved to be murder lnsthe first degree: tho
result of deliberate, premeditated malice He
could only say, as Brown said to him, why
should we shoot negro; that was not our o6-
IlecGs lie did not justify these men in Staying
them and yeSung the authority of the country
put he said they were protecting themselves
from arrest, Guns were fired in all directions
and they fred or intended to fire only on arm.
ed men; without excusing that conduct for one
moment, he would remark, to refute the idea Of
lPremedtated malice, that they had not the time
ttoe thought and reflection which the law con-
templates.
Not that he would say these men should be
allowed to sin against the Commonwealth Of
Virginia and perpetrate these crimes and go
un%hlpt OF justice but charge and convict them
according to the law. Virginia has laws aud
institutions sufficient to her protection. She
has thrown over the lives of her citizens every
safeguard she deems necessary aud essential;
has made laws necessary to the protection OF
her property. and the punishment Of those who
deprive their owners of it. 1t is the boast Of
our institutions that no man can be punished
beyond what the law requires and if the law is
not severe enough, within the legislature rests
the proper remedy. Brown knew that he was
committing an offence on slave property. He
has repeatedly confessed and is willing to abide
the consequences, but indict him for that offense
and don't convict him Of an ofense he never
committed.
Nothing in the circumstances of this case de-
nands such course of procedure. Public
safety don't require him to be punished con.
trnry to the law. If man of the ndomitable
energy and perseverance Of Brown could be
engaged five months in prosecuting such an en-
terprise, and only gather throughout the United
States twentY>one men, black and white, when
there was nothing in the world to oppose him,
how in heavens name can it be supposed that,
with him and all his companions struck down
the South aroused and every body on tho alert
watching enterprises of this kind, that there is
tue remotest danger that another scheme akin
to his will be started. 1t was hardly necessary
to make these remarks. Theduty of the Jury
is to be blind to all outside preludices.
ar: Griswold closed by saying on behalf Of
his client, that he had no exception to make to
particle of the evidence given on the trial, but
deemed it a wonder, under the circumstances,
that truth should be as fully developed as it has
been, He bore honorable testimony especially
to Capt Linn, who voluntarily came from am
other State for the simple purpose of doing
justice.
Mr.. Chiffon spoke cf the embarrassment with
which he undertook the case; he intended to do
his duty faithfully and bad come to deal with
the prisoner not as Capt. Brown, leader of the
toray, hut simply as 4 prisoner, under the
charge of violating the Law, if that law did not
warrant his conviction, he should endeavor to
make that appear to the jury, still he would
say he had no sympathy with the prisoner
His birth and residence, until within few
years, had been in Virginia, in connection with
the institutions OF slavery. Although now
resident of the District Of Columbia, lie had re.
turned TO his native State to spend tue remain
dsr OF his days and mingle his dust with her
soil; no other motive operated on him than dis
Interested duty.
lie regretted the excitement respecting the
case. He was glad to hear the Judge say on
Saturday that he desired to try this case pro.
cisely like others. He desired, the whole State
and tbs whole South desired the trial should be
Etar. IL had been fair. Circumstances had in
terTupted its progress; counsel were here with
out proper preparation, but indulgence had
been granted md, they made no complaint; they
should do the best they could under the cir
cumstances. He could not complain Of the
excitement; it was natural. He hoped it would
not interfere with the course of justice or cast
a stain of dishonor OH the State. The jury had
sworn they we're unbiased. Represented they
would firmly discharge Their oaths in bringing
in verdict He could not understand from the
opening of the prosecution on what ground
these charges against the prisoner were att
tempted TO be sustained.
The Commonwealth Attorney INDUCED in o
strain Of abuse of the prisoner, and pronounced
sentence on him, without waiting the verdict of
the jury, thus usurping the place of the Judge.
aaMr. Chiffon proceeded to go over about the
same ground occupied by Griswold, at consider
able length, characterizing Browns Provisional
Constitution as n batch of ridiculous noncsense:
wild chimercas production that could only
have been produced by men of unxound mind.
The prisoner is charged with conspiracy with
slaves to make IN Instruction. No proof had
been shown that the slaves entered with the
conspiracy, and unless that was the case, there
was no conspiracy. One party cannot conSpire
alone. Each charge is to be considered alone
by the jury If they believe that the evidence
does not warrant conviction of treason, they
must consider the charge OF conspiracy, Just as
if no charge Of treason had been made One
count in the indictment was not to be brought
into the aid OF another. He considered that
the prisoner had q right to be tried on ono
charge at time, and entirely disconnected
with another.
AS to murder, it was very singular way of
drawing up MI Indictment; five prisoners arc
charged with the murder of four men. That
they might'have Jointly done it, he could un-
derstand, but that they could severally have
done it, be could not he declared that it was nj.
most impossible for the prisoners to make any
defence against such charge, it was too vague
and loose. Blythe law Of Virginia there was
but the specific murder punishable as capital
crime, aud that was deliberate, premcditated
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