The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-10-29

l IL. "@'f. fSh uiillstli 10 ee CtuGted by a.
highest and noblest feeling that ever coI,rssd
,,nrough a human breast. His Instructions ~
- 's ~sssoe'ases were TO destroy neither property
,io,,a ..ie ana they would prove by those gem
n ie,hen VINO were prisoners that they were
ueaseo with respect, and that they ver. kent
| III positions OF safety-that no violence wss
ohefea them. These facts must be taken into
| the iurv "1o weight Win
w, huhter followed, stating his purpose 10
| avoia anything by way of argument or eYn,,.
.,ia,,1a Immediately connected with the par
Siediar issue not TO be tried. and To march
straightforward to the attainment so far as i,
may iuay oe IN our power of the ends of Justice by
.,.ner M cohnicting or acQuitting the prisoner at
exninn..,, w iln IN single preliminary remark,
VI .ne prosecution, which had been assigned
W hiin ny the Governor of the Common lth
as Wsii as his Honor the Judge, he passed al
once 10 q review of what was the In W i'm refer
M Mehce 70 the case; and what he expected to be
apie 10 prove to the satisfaction of the iury
| ~. Us 10 nj igh treason, this was probably
.h a 81 case Oh nigh treason, or treason against
.he state, that had ever been tried here by our
state courts, and he feryentiy hoped it would
| ee ee the last that would ever occur: and proba-
ps p,s in some degree, not only upon our decision
out upon our prompt decision of this case will
that result depend. He thought his friends ON
lne otaer side were totally mistaken in their
view that The law, as it now stands on statnta
IN reference to overt acts, was either in
iahgtage or substance, that contained in tho
| constitution of the United States On ~
| contrary, the phraseoiogy had heen ,,,;a5
| ~ totii tue constitution, and, as he conceived
ior a plain and palpable pUrposs@that
| ali tue powers vested in the Federal GovN
| erhment were given with great iaalonsy
MS was a historical fact, perfectly familiar
| anu conseq uentfy, while treason a9aipct ths
| Oh'teu States consists only in lsyvin- ~ 49,
| against thelp. or in adherng to their enemies
| Nhu giving them aid and comfort-and there ia
! provision mat no person shall be convicted Of
| treason unless on testimony Of tySn n,i, 'ou y.
| oisohe overt act. or con fession in omen Court
| yel the State law is more full and includes
,tH 'ts OF treason also the estab-
| hShihg without authority of the I.eoisI,ture
any government within its limits. separate
| from ihe eIisung government, or holding or
ass aeeusins oi sueh usurped government any
| oflee processing allegiance or fidelity to it or
| resisting the execution Of the laws undar cr,nr
| OF lis authority.
| And it goes on to declare that such treason.
| II proved by The testimony of two witnesses
| 10 The same overt act, or by confession in
| Court. shall be punished by death.
| any one OF these acts constitutes treason
| against this Commonwealth, and he believed
| the prisoner had been guilty of each and ali #
| these acts, which would be proved in the
| clearest manner, not by two but a dozen wit
| nesses, unless limited by a want OF time.
The prisoner had attempted to break down
| the existing government of the Common
wealth and establish on the ruins new gov
| ernment. He had usurped the Office of Com
mander-in- Chief of this new government, and,
| together with his whole band professed allie
glance and fidelity to it. He represented not
only the civil authorities of the State but our
own military lie is doubly, trebly and quad.
ruply guilty of treason.
lie proceeded again on the question of iu-
risdlction over the Armory grounds and ex-
alnined the authority, cited on the other side,
CT Attorney General Gushing. The latter was
an able man, but came from a region Of coun-
try where opinions were very different from
ours, IN relation to the powers of the Federal
Government as affecting State rights. Our
Courts have decided adversely to MIR Cnsh
i'm ms tIo i,,ric5 n }i,t;r,
OF this Court of Jefferson, in regard to crmi-
nal offences committed at Harper's Ferry has
been uninterrupted and unchalenged wheth-
er they were committed on the government
| property not.
He cited an nstance that occurred twenty
| nine years ago, where an atrocious murder
was committed between the very shops III
front Oh which those men fought their battle
| and the criminal was tried here convicted
and executed under our laws There was
| broad distinction between the cession of iu-
rlsdlctlon by virginia to the Federal Govern
ment and the mere assent of the State that the
| Federal Government should become a land
holder within It's limits. The law of Virginia
| by virtue of which the grounds at Harper's
| Ferry Were purchased by the Federal Govern
| ment, ceGed no jurisdiction.
| Capt Brown was also guilty on his own no.
torlous confession, of advising q conspiracy
| In regard 10 the charge of murder, the proof
| VIII be that this man was not only actually
| engaged in numbering our citizens, but that
he was chief director of the whole movement
| or mile of, he is equally guilty.
In conclusion, Mr.. Hunter said he hoped
| the case would be considered with fairness
and Impartiality, without fear, favor or affec-
| tion, and he only asked that penalty might be
| visited on the prisoner which the law de-
| nonuces, which reason denounces, which our
| safety requires, and which the laws of God
and man approve.
The examination of DR.. Story. one of the
witnesses, was then proceeded with. His state
| No fact bot
THE CAPTURE OF COOK.
A spondent'of the Baltimore American
writing from Chambersburg gives the follow
ing account of the capture of Cook:
Our town was thrown into a quite fever
last evening by that the vertable
Capt. Cook, OF l1arper's Ferry notoriety, had
been arrested yesterday in the South Noun
tain by Messrs. Fitzhugh and Logan. Upon
| inquiry found that the two gen tlemen named
had arriN ed in town about dark with a prison.
er whom they were satisfied was Capt Cook
lie was taken to the Franklin Hotel, where he
ate his supper with great composure, and con-
| versed freely with all who Were about him
After supper he was taken before Esquire
| Reisher, and had hearing. Counsel were
| employed on both sides, and a crowd of some
| three hundred congregated the street in
| front of the Justices Office
| Mr.. Eitzhugh testified that the prisoner had
| come down from the mountain about noon that
day, TO Mount Alto Iron Works, and wanted
| TO buy some bacon; he represen ted that he was
| with hunting party from Cham bers burg and
| that they were after deer; he had no gun bat
| had poWder-hask swung his shoulder
| and a couple of loaves of bread tied up ia a
| handkerchiefj Mr.. FitZhugh knew that he
| could not he hunting with 4 Chambersb burg
| party and as he answered the description
| given of Cook perfectly, he at ouce communi-
| Gated his suspicious to Logan, who had been
| with FItzhugh all the time. Logan and t'itz-
| hugh seized him the first favorable opportu-
nifty that presented, and soon as they took
| hold of him he thrust his hand Int his coat
pocket, but they caught his arm ; he struggled
| iearfully, and only submitted when TWO
stronger men than himself had hold of his
| arms, and violence was threatened him in case
| of further resistance; he was then searched
| and revolver found III his pocket and a
! quantity of ammunition adapted to Sharp's
| rife; also, when they were searching him,
| they felt something inside of his clothing on
| his breast; when asked what it was, he an
| swered that ii was his wife's daguerreotype;
| they did not at that time look what il was
| When on his way to Cham bersburg in a buggy
| with Logan, he proposed making a coniidaut
OF Logan, win view to his escape; LosSn,
| encouraged him, and he told Logan that hs
| Was Captain Cook, and that what he had rep
| resent ted as his Wiie's daguerreotype, was his
+ poeket-book, III which were papers showing
| his identity beyond doubt. Logan took the
| pocket hook out, and found in it the following
| papers
HEADQ 'RS-WAR DEPARTMENT,
Near HARPER's FERRY, Md
Whereas: John f. Cook has been nominated
Captain in the Armory established under the
PROVISIONAL GOVERNMENT. Now.
THEREFORE,, IN pursuance OF the authority
vested i'll us by said CONSTITUTIONS, we do
hereby APPOINT AND COMMISSION said John l..
Cook. captain.
Given at the Office of the Secretary of War,
this day. Oct. 18th, 1859. JOHN BROWN,
Commander-in-Ch Chief.
II. KAGI Secretary of War.