Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-10-31

On the conclusion Of his testimony, Capt. Sim
desired to state that he had returned here st the
summons Of the prisonef b testify In his behalf
against him. he hsa no sympathy for ne ssss 4
the prisoner o. his movoment-on the contrary, ~
would be one Of the 1rst 70 bring him TO penish-
man, and being Informed hat he wanted him
here a. witness, he had returned with pleasure.
AZ Southern man, he came here to state the Ac1A
about the case, % that Northern men would have
no opportunity Of saying that Southern men were
unwilling to appear a. witnesses In behalf Of one
whose principles they abhorred.
The testimony Of Israel Russell and Terrence
Burns, corroborstive Of the preceding, was then
Here the defence closed their testimony. None
Of the witnesses for the defence were cross-exam-
ed by the State.
MOTION 70 ELECT cousr or IxpIcrxrsr.
Mr.. Chiffon, for the prisoner, rose and submit
ted motion that the prosecution In this case be
compelled to elect one Of the counts In the ndict-
consists Of four counts and Is endorsed thus IAN
indictment for treason, advising and conspiring
with slaves and Others to rebel; and for murder
The charge for murder 10 laid In two Of the
counts the third and fourth. The charge Of
treason II In the Arst and the second count alleges
charge different from that which 10 endorsed on
the back Of the indictment, and which 10 upon
record. The second count 10 under the following
statue .sIf free person advise or conspire with
slave TO rebel or make an insurrection, he shall
be punished with death, whether such rebellion OF
RESURRECTION DC maze or not" But the second
count in the indictment Ii that these parties who
are charged by the indictment, cOnspIrsd together,
and with other persons, to induce certain slaves,
the property Of Messrs Alstadt and Washington,
to make rebellion and insurrection.
There 10 a broad dist notion between advising
and conspirng with slaves to rebel, and advising
and conspiring with others to induce slaves to
rebel. Whether he was to avail himself Of this
irregularty by instructions from the Court 70 the
jury to disregard this second couAt entirely, OF
whether IL would be proper to wait unit the c6,-
clusion Of the trial and then move an arrest OF
Judgment, he left to his Honor 10 decide. He
further alluded to the hardship which rests upon
the prisoner to meet various and distinct charges
In the same trial. a4e
lection made by the learned counsel on the other
side. In regard to the separate offences being
charged, they were but different parts Of one trans
| action Treason against the government Is prop
eriy made the subject Of Of the counts, but we
also have count Of murder, for IL can hardly be
supposed that treason can exist without being fol-
i lowed or accompanied by murder. Murder arose
ont Of this treason, and was the natural result Of
this bloody conspiracy. Yet now, after all the
evidence has been given on all these points, the
| objection is made that we must confne ourselves
| Mr. Hunter followed ON the same side. He
| replied to the argument Of Mr.. Chiffon, saying
that the discretion Of the Court In compelling the
prosecution to elect one count In the indictment 10
| only exercised where great embarrassment would
| otherwise result to the prisoner. As applied to
this particular case 1t involved this point that
Notwithstanding the Transaction, has been dis
closed In the evidence, be one transaction con.
tinued, closely connected series Of acts, which,
according to our apprehension Of the law Of the
land, involve the three great offences Of treason
conspiring with and advising slaves to make In.
surrection, and the preparation Of murder-yet In
case Of this character, told IL 10 not only
right but proper to put the prosecution upon their
election az to one Of the three, and bar W from
the investigation Of the two others entirely, nj.
though they relate 10 facts involved In one grand
fact.
The Court said that the difference might per-
maps be taken advantage Of to move an arrest Of
been sworn to try the prisoner on the indictment
as drawn The trial must 90 on, and counsel
could afterwards move an arrest Of judgment. As
to the other objection, the Court made this answer
The very fact that one offence can be charged In
different counts varying the languag and cir
cumstances, 10 based upon the idea that distinct
offences may be charged In the same Indictment.
Prisoners are to be tried on the various counts as
IL they Were various transactions. There IL no
legal objection against charging various crimes in
the same indictment The practice has been to
he embarrassed in his Defence but that IL not the
law. La this case these offences charged are all
part Of the same Transaction, and case 10 made
out for the Court to interfere and put the parties
upon an election.
Mr.. Chiffon said he would reserve the motion
as basis for a motion In arrest Of Judgment.
:. AxorHKR MORTON FOR TINE.
Mr.. Grswold remarked that the position of all
pIe3c0t
Of very great embarrassment They had no dis.
position to interfere with the course Of practice
but was the desire Of the defendant thaftb case
sood Of thu. .sSns
previously taken by reading the notes Of IL. But
IL was now nearly dark. He supposed, IL il were
to be argued at al, the argument for the Common
the Court until the usual hour Of adjournment.
unless II was the intention to continue late eve.
ming session. From what had heretofore trans
A4 h. l.lt A.It T.
Of the Court, but knowing that the case was now
ended, except for mere argument, he did not
know a. IL would be asking too much for the
SSars 70 adjourn after the opening argument on
Mr.. Hunter would cheerfully bear testimony to
the unexceptionable manner In which the counsel
who had just taken his seat, had conducted the
him very great pleasure, In al ordinary cases to
agree to the indulgence Of such q request "A the
gentleman had Just made, and which was entirely
sPectfully to remind the Court, that this STATE Of
things, which places counsel In a somewhat em.
earr.ssing position In conducting the defence, IL
purely and entirely the act Of the prisoner. His
counsel Will not be responsible for IT. the Court Is
mot responsible for 1T but the unfortunate prisoner
10 responsible for hts own act In dismissing his
faithful skiful able, and zealous counsel on yes-
only were the jurors kept from their familie2 by
these delays, but there wa not female in this
county who, whether with good cause or not, was
uos hcAlouuAs Win anxiety ana apprehension,
While, then, couTtesy TO the counsel and humanity
to the prisoner should have due weight, vet the
Commonwealth has its rights, the continuity
has It's rights, the jury have their righh; and Il
was for bis Honor to weigh these in opposite
scales, and determine whether we should not 20
on and bring this case TO close tonight. We had
until u O'Clock to do it in. =
Mr.. Chiffon said their client desired that thew
should argue his case. II was imp0mible Tor him
to do % now, and be could not allow himself TO
make an attempt at argument ON case about
which he knew 50 little. IL he was 20 oct mn At
all IL would only be for the unworthy purpose OF
wasting time. 3 He had no such design but having
undertaken this mans cause, he very much de-
sired to comply with his wishes. He would be-
the Last man In the world to subject the Jurors TO
Inconvenience unnecessarily; but although the
prisoner may have been TO blame NAV have acfesi
fooiishly, may. have had an Improper purpose in
20 doing, still he could not zee that he should
therefore be forced TO have his case submit tied 4
without argument. In trial for life andlSdeath
we should not be precipitate -
The Court here consulted with the Jurors. who
expressed themselves very anxious to get home
His Honor aid that he was desisous Of 6yiny this
case pfeciseiy a. be would Try any other without
any reference at al to outside feeling. - = 4
Mr.. Hoyt remarked that he was physicallS In /
capable Of speaking tonight even fully pre- |
pared. He worked very hard last night to yet the
law points, until he fell unconsci0us nom hts |
chair