The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-03


such as cannot leave reasonable doubt on the mind Of
any Juror. propose, therefore gentlemen, briefly y
| CONSIDER the evidence ~ Il applies 10 the law, which
bold should oe applicable on this case la doing 80
cannot 50 to details tut eau advert only IL the evidences
Squire whether this that or Tho other circumstances has
btenWoved whch Is es Ltia 10 convict the prisoner NY
drs remark las 'elatn ali the offences charged in thu
oocment; aud y u SCI forth the record u oil
hoee ols noes were committed within the ursdlct On OF
thus Court, and within the county of Jefferson this
State Now. gentlemen, this is matter to be proyei
lev @ pu Ss been pro%
that the offences said 70 have been committed took place
AZ Harpers Ferry, or Ia the neghbofhood Of Harpers
Ferry But where Is Harptrs FerryY Tho Court takes
judicial notice Of something which Il says occurred In
certain place within Is ussdic1oe But this must 30
Sy Tie mate, ' Sc. 1s forth Il e tas c.msSs
doubt They cannot take ought 70 anything
on trust They know nothing except that which Ia de-
ialled 10 evidence Not tina. every fact essential mast 30
icrepoes may cgitiuaateiy be drawn say, therefore,
geotsmen, Ky haye no right, from any knowlsdEe ycu
alleged, have been comm:itc within the limits cy to
county q eGEson and Iss that the Court will SO direct
you u ~ aie s1c form = % ssx ne Court 70
Jury We demand, "a behalf Of the prisoner, that tbs
Jurisdiction be proven. We maintain that Is neccs-
sisve or The conusso e aay Of Inc acts laid ia The
Indictment any IT the offences are committed else
ShrSes :, have 70 o. d uoo scS a
prisoner b sought TO be convicted. Therefore,
again thai this assumed Jurisdiction must DO proven Hav
nrss ofthce charged u treason Here again raise
poin without dcsgng 70 argue IT, statc L that may
With whom ! associated agree entirely III views
upoa tha. point, having te be discussed al length ~
counsei who viii eee the arguments Tor tho STATE,
ample time 10 reflect UPON and conslder t. The charge
laid In the nrs count is treason. Now, my point that
no man Is guilty Of treason uIiess hc be cst.Zcn Of
the ssasc government against which the treason
alleged has been committed. state the point, snd say
bound 70 d. thst this man Is not citizen, and that CON.
sequepty be cannot be guilty OF treason against the State
sttsed authority. But maintain that this prisoner
WA MOI bound BY aga 10 this State aud could
MOI thefstore. be guilty q rebellion against But
VIII pass IRON this part OF the subject Now with regard
70 treason, several things said 70 constitute treason,
one 81 which ,ev.lng against the State and that
men, there great difference between levyng and
resisting authority, and this Is matter particularly
wish you ~ bar In mind. man may resist authority
With ever much violence aud bioodshed may eusde
from sach resistance, but that ia not treason may
naipen, ana does happen where men consregAtc to,
Tor that PURPOSE and they have their rules and
theT regulations, aud all the elements Of organization,
sho YET sssaed ia the omission OF CRIME and they
defend themselves q utmost and with great sacrifice
20 the ves q themselves aud their fellow citizens whom
they resist that Is resistance, but that vyng
And how il beres These meu IL appears assembled at
certain place, the defendant himself indeed admits
they IND, that admission he dos not shrink for
the purpose 81 running away with slaves. That is q
crime and for that he ameuahle the laws of
your state and for which you can punish him 70 that
tent Of that Jaw. The iscss thea theses-For the
purpose OF carrying his illegal dcslgnthe carrying
away Of slaves from the sasele takes temporary pos
session Of the arsenal aud public buildings II Harpers
Ferry and while there attempts made the cittzens
Tor winch DO not blame them to them and drive
the part OF the tia, this associated
with him had ~ arms aud the conflict which
ensued blood was shed an lives taken But that
not leyyng against tho Commonwealth OF Virginia,
although Il was resisting with arms that which was
claimed 70 be the lawful alhort, Of Virginia seeking to
arrest these men assembled IN violation uf law Bit
such things have happened frequently. You have heard
81 the jais Of tho country being broken opca by armed
bands persons confined therein, under the shelter
and protection Of the law, dragged from and ex-
ecuted in defiance OF the law There have been instances
c wnere Isr s sns ~ Jury % s COUNTRY % the
jail broken open and the authority Of the sheriff tsanpied
under FOOT but this was not evyng Of war Resisting
ievyng although murder may arise out Of IT, though
not Grst contemplated In violent OF this kind
bsoocshed not necessarily contemplated by the
Offenders. IN many States Of the UuiOn have we'll
70 The authority & The law seeking % arrest
the charged and bloOdshed has eused but this
not vsns SsrH smy sss1g The authority q
70 this Indictment are evying OF war, or simply resist
ing with beh hana the constituted authorities Of the
land ia said that here was organized government,
and that charge sought 70 be sustained by evidence par
tcuary BY pamphlet that has been produced and which
men, il wonId not necessarily follow that overtafowug
! the Commonwealth Of Virginia was contemplated by
anything which appears in that pamphlet How many
harmless organizations have existed world va
tunes, Blrrounuei with all tue outside forms and
as debating societies have been 80 organEc
created resolutions aud laws and any real
ing the bulletins and reports issued from tune 70 tpe
from these associations would say, why here Is q
miniature government within the very imits of our
State. No matter what name they may take MISTER
under what form OF organization they bound a.
geber, matter what Offices they may create not
proof OF crime against the state. These named
the indictment have been characterized by the attorney
as maraudDg, thevDg murderous clan; and surely
Is such people that could subvert a government
alluded TO- well aware have their laws and regu
atiODs, and they prescribe death for violations OF
their laws But that docs not contemplate the overthrow
Of any existing legitimate government but only
citation for governing, controlling and directing them
selves in their dealing with another, but having
purpose idea whatevcr Of OverthrOwng usnrping
destroy ing the legitimate government. But viii re-
marx further with reference u this matter that you
cauot npd this guilty Of treason except you have It
proved stAby before you that he ISOLATED
with others tor the purpose and with tho object Of
throwing aud o. "ga7ng government and to sub
reference TO that book much relied upon by the prose-
cton that It proves anything proves that the aempt,
in Opposition to the government Of Il, United states, and
not TO sobvert tue commonwealth Of Virginia. Ali the
terms used all the officers T. be appointed have
to government like tue United States Tue pamphlet
does not say what Territory this association gov
ernmcnt is to exercise jurisdiction s proposed
empire not defined. It has axed terrritosia imts
and therefore, II IL means any thug at ALL II aues u
the government Of the whole United states III general aud
not to this State any other in particular But this
book or code Of laws has been put 10 evidence tell
you gentlemen, that must not select any particular
part Of iyou m,rt take all as evidence every part OF
Il must be taken part much another except
prosecution produce evidence satisfactorily aicng
any portion Of it. From the contents Of that book Is
clear that these did not contemplate the overthrow
Of the State government but simply amsndm re-
peal q obnoxious laws OF what they deemed y be such
s ak OF this matter because yon compelled Had
that the prisoner was guilty Of all those matters contained
in the several cosn's But they have failed in establish
ing ans Of these charges The prosecution say that he
guilty Of giving aid and comfort 70 the enemies Of the
Commonwealth and that s the only specific charge they
have made fact And how do they attempt to support
III lid not the prisoser they say actually send the
tavern and procure provisions aud feed the ce Of the
Common wealth. Did he not feed tho slaves, aud are they
not encmits Of the Sat9 Was not that act therefore
furnishing ala and comfort TO the enemy surprised
to hear this part OF the subject commsnci upon.
surprised that in that connection, by
association of ieas doubt worry ing .niols
and citous they could be traced out hc burst forth
into that suhimo apostrole u freedom which prose
cung attorney delivered the other evening and