, 1859-11-01
prisoner, and pronounced sentence on him WITH.

prisoner. and pronounced sentence on him With
out waiting Tic verdict Of the jury, thus usnrp-
ing the place Of ihe Judge. There were shr,'o
distinct charges. First, # Treason. Thi. VA,
al oaance OF common luv. The word is de-
riTed from French word, siguGying telegraph,
TREASON means betrayal Of trust or eonfdence.
Tbs riolatton Of fidelity, or ail allegiance 10 Tho
commonwealth. Lie maintained that treason
could not be cunnltted except By the citizen,
thereof, ia the present cast the whole proof
sho"s this prisoner WAS not citizen Of Va,
hc'etore he canpot be found guilty of treason.
The Indictment charges the prisouer with CON-
milling every uct comprising every net Of tfea-
son: They are charged Will, leyyinE war
against the State and exciting slaves ta iu:ur-
rectloa. but there was no proof that they
committed these acts A. charged. fhefc
process issued against them under the
authority uf the Commonwealth; they wess
rather guilty Of resistance 10 the Federal GoT.
crnment, nut The Commonwealth. lie had read
carefully toe prepared provisional constitution.
He regarded it NJ ridiculous nonsense, Wild,
cihmerial production. It could oni5 hare been
produced By men OF unsound mind. 1t delints
u territory over which il il intended 10 opera1c,
and SAYS, we do establish the following:
provisional government. What is il? His
an association or co-partDcrship- Ihey arc
to own property bs it und regulate tetms- 1t
did not contemplate gorernnent, but merely
q voluntary association to abolish sfasery: i
did not creu uudersakc to lug taxes, which is
cs>euiial to any government- 1t does not ap-
pear that t1is assoc alton was to be established
in Virginia, or when 1t WIS TO 20 into elect.
This was not treason. Is it tue adoption Of u
Constitution FOR the establishment Of u goveEn-
sucnt! Uy no meut,s. These parties ha mere
imaginary government TO govern themselves
and nobody else, just like the ruler GOVERNING
,nilitary company or debating society, eren j!
they intend to set up, gorerumeot oves anti
ther. They did not do it. There was gent'-
rnl priu. iple 1f,at tie accused should have To-.
benefit ol every doubt. IN considering cri-
dtnce We must consider the whole Of it. We
ml1st take lhc declarations al the prisoner III
his own favor as well u against himself. Now
look u the 4Gth article Of this Provisional
constitution, which expressly declares the fort
going article shall not be construed 10 encoaF-
age the overthrow Of any State government cr
General government, and look to no dissolution
of the Union, but simply amendment and repeal
| Of certain laws. THIS was esidtuce before the
jury being submitted by the prosecution. Tue
prisoner il charged with conspiracy, with siaves
ia make uu lusur, ectiau no proof had hte1
Ahoun TINT the slaves entered into The conspir.
acy. One party cannot conspire alone. Each
clarce il tu Lc considered alone by the jury. ].
| i( they believe .hat tue evidence does not
warrant conviction for treason they mut1
con.ider the charge Of conspiracy just as
| il 10 charge Of treason had been m1de-one
count in the indictment was rot 10 bs brought
out. lie considered tbe prisoner bnd right to
be tried Nh one churgc at a time and entirely
disconnected with any other. The Court had,
however, orerruled the motion OH Saturday,
| aud hence the Importance Of mRking this point
| 10 tue jury 50 that they migLt not confuse The
| various offences mad The evidence relating IL
| each. Next as to murder. It was a very si1gr.
lar way Of drawing up IN indictment. Five
| prisoners are CHARGED whll the murder Of four
saen; hat ,t.ey might hare Jointly done it lie
could understand, out thas theT could ser.
| xas almost impossible for the prisoner to nuke
deten.e asa,nst such charee. 1t was TOO
loose and vaguc. BY The Laws Of Virginia; there
was but the siec.6c murder punishable IS .
capital crime, and thut was dellberat., ptemed'
| ,tated murder.
Mr. Hunter closed the argument for the prose.
eutiou.