New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-01
SIXTH DAY.
CaaRLrsrows, Va, Monday, Oct. 81, 1859.

BRowS looks better than heretofore, and his health
Is evidently improving. lie was laid bed,
usual
The Couu-House and i,s approaches were densely
crowded.
Mr. GRrswoLD made the opening speech for the de-
fense taking up the several charges in the indictment,
and replying to the points made in the opening argu
ment for the prosecution lie alluded to the peculiar
circumstances surrounding the present case and hoped
the Jury would give il calm and dlspassionate aten
ton divesng their minds, far possible, from all
prejudice and disregarding outside influences. The
prisoner was entitled 10 an impartial trial under
the laws of Virginia, and let him be acquitted or
convicted according to those laws and the eyl-
dence given in the With regard TO the
charge Of treason brought against the prisoner,
Mr.. Grswold argued that Brown could no, be guilty
of treason he not a citizen of this Common
wealth and none but citizen could commit treason
Never having sworn allegiance 10 Virginia, ne could
not be rebel against her authority. He was also
charged with leyyng war against the State, but the
evidence given did not support the charge. There
WA "a great difference between levylng and re-
sistng authority. Men c0ngregated together 10 per-
petrate crime have their rules and regulations. when
aasaed thew defend their lives to the utmOst-sacri
feino and intending to saerifce the lives OF others
but that was resistance and not levylng war. He
would not shrink from the admission, and the prsone
openly admitted il; that those came Tor the pur
pose of running away slaves. That WAS CRIME unde
the laws Of Virginia for winch the prisoner was amen
able TO punishment TO the extent OF those AWE In
carrying out that purpose ne 1ehPorariit tooA pa pa
while there attempts made 10 arrest him.
Mr. Griswold had no complaint to make about that,
but il was in resisting those attempts THIS blood was
shed and lives taken and not IN leyying war against
The commonwealth. II resisting that which was
claimed TO be the legal authority OF virginia seeking
IN arrest those men assembled in violation OF law.
Sncb thing, have often happened. Jails have besn
broken open and men taken thence and executed IN
defiance Of law after being acquitted by jury OF ter
countrymen, and the power of the Sheriff tranpled
under foot. Neither does IL necessarily constitute
Ievvng war if murder ensues because the commission
~ he oGense of shedding blood may not have been
contemplated 1t il said there was an organized move
uent: a pamphlet il referred 10 as evidence OF that
fc, but does not necessarily follow that the
throw of the Commonwealth OF Virginia was con-
1emplaed by anything that appeared III that DOOh.
The most HARMLESS organizations IN the country,
have been created with all the outside forms
and machinery OF government. In DEBATING
societies governments have been established,
q congress created, resolutions and laws discussed,
and any reading the bulletins OF these associations,
and knowing nothing about them, would suppose thein
miniature governments organized within the limits OF
fhe existing governments. No matter what names or
what officers they may have, that IL not suncent
Bands of robbers and desperadoes have Their rules ana
regulations their officers and prescribe death aS the
nnnisbpent for the violation OF their laws but that
does not imply that they contemplate the overthrow OF
the legitimate government. 1t IL only ASSOCIATION ana
government to control themselves IN their intercourse
with each other. lie further argued thal the Jury
Ionld NOT find Brown guilty of treason, unless they
found him guilty OF sssocatmg with others 10 organize
a government to subyert and overthrow tDe UoVerh-
nent of Virginia. But If the pamphlet proves any
thing IL shows that an attempt was made TO organize
a government in opposition 10 the Government
of the United States, and not OF Virginia,
for all the tools used, all the officers appointed have
reference TO a Government like that OF the tnlted
Sate4 but il in vague unmeanlng language Whlch
really proves nothing at all. However, there was a
chance i'm il whch be taken, for 1t was all IN EVIL
dence Notwithstanding distinct and positive state
ment that it contemplated no overflow OF me Heneri
or State Government but simply the repeal OF obnoXl-
GUS laws in the Constitution. The learned attorney
who opened the seemed to occupy TINS grouhI en-
tirely not even gong over tne evidence 10 SHOW
wherein this treason proved SAID the prisoner was
,uty of giving aid and comfort to the enemies OK the
Commonwealth, and that was the only spechcauoh ne
made charging the defendant with treason. lie was
surprised hear that gentleman burst lor'h III
arhi,me apostrophe to freedom in terms and IAN
oua0e and with action OF sncn SURPRISING cru,
Ouence that no one need be told he mao recelNeu
in the hand that arns the ashes Oh ra'ioA s'oi
III allnded also TO the distinguished associate Tor IN
,rosecution who had brought into his remarks the
disbeyelled tresses of frightened beauty lie tnen
nroceeded to discuss the charges OF consprng WIN
sIoves and said there was manifest distinction De,
tween the effort TO of slaves and steal slaves ana
consnirinp TO induce them to rebel Rebellion ana III
urrection was rising ny, not 10 run away a.lio"s
freedom might be the ultimate OBJECT out Using up |
AGAINST masters against whites, or against the o.ale;
N con,emplates rot rapine murder arson, ana All
he crimes which follow instruction. The question !
MAS AS to the object and Intention has any man YES
ted au0ht going to show that Brown or any one Win
him said or did one thing to induce any slaves 10 rIso
in rebellion or perperae any otense out OF when re-
LalI;on crows Slaves were taken possession OF Tor
amnorry purpose and placed in the arsenal but Coi.
who knew more about II than any
other witness testified that not a slave loon
mart in the matter except PM, VINO al
,he suggestion of the prisoner attempted 10 arm port
hole and tina, was done for the purpose OF Isui-
rection and rebellion, but to protect themselves true
,bev were engaged in an unlawful act but not the ACT
charged: they wero amenabe TO punishment but nor
as they are indicted. Death ensues; they are PUNISH
ALE in some WAYS, but not as is charged. ne mere
nroceeded TO consider the count charging murder III the
Hrst degree This was crime involving preinedialeu
murder but he argued that no such mahce mas oeen
shown First Haywood was killed. how II halPoneu
nobody knows; il done in the dark, ana whe'her
accidental or intentional does not appear IN evidence,
or bv whom Perhaps these men are guilty OF t,sI
;ll;nC in some form, but II Is not proved To De MURDER
IN The first degree from deliberate, prelnedhHieu
malice He could only say AZ Capt Brown sud 10 MN,
I" why should we shoot a negro; that was no. our
ohec He did not Justify these men IN staying there
III s.,;n the authority of the country, but he sara
tLev were There protecting themselves from arrest;
Gnns were fired in all directions, ana they nree
or intended TO fire only on armed men, WIN
out excusng that conduct for one moment, ne
would remark that it rcfuted the idea OF preheuc"
malice. they had not the time for Thought ana ro-
Election which the law contemplates. Not thih ne
would sav these men should be allowed 20 sih W'nh
the Commonwealth of Virginia perpetrate these crimes
and 90 UNIV hipped of justice, but charge anu oonO'
,hcu, according to their own law. Virginia has laws
ard institutions sufficient for her protection, mas
thrown over the lives of her citizens every S'eSiu
she deems necessary and essential, and has in9e laws
necessary for the protection OF property ana the pun
isbment of those who deprive It's owners Oh H.
man can be punished beyond what the law
roouires and if the law il not severe enough,