Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-10-28

the nqaiTTy tostbesP5isoRsr aud ho continued 8
in'histc lille ongindictnehtj
Hing seven pages was read list. Insurrection:I
3D. Treason; Sd. Murder. ~
Harding addressed the jary, and presented
me lacts case, detailing thescenes of the;
armoFy the killing Of the bridge keeper, and;
the s3nosequent killing OF citizens named inthe,
indctmentl ssSss55
Mri Green. on The part Of the prisoner gave
the law applicable to tile case, and reminded
the nry that they arc judges of law and fncl
and that II they have any donbts as tDthe law Of
iact OF tue guilt Of this prisoner they ate /,
give the prisoner The benefit Of the doubt Il.
the first charge Of treason, itHmust= he proven
that he attempted toiestabllsh separate anG
distinct government and itsm0st also be Ilro.
ven what was the proposed treaSonable acts be
tore you can convict him on these charges. Iii
.ltslsslntendcd to rely on his confession 10 prove
treason, the law distinctly says no convictions
can DC made on confessions, unless made in open.
court There must be sufficient evidence 10
prove the charges independent Of any confess
sion out of court, and it@requires two distinct
witnesses to prove each and any act of treason.
I'd. Conspiracy with the slaves to rebel md
make instruction. The juryznust be satisfied.
that such conspiracy was done within the State
OF Virginia and within the jurisdiction this
court. # done in Maryland, this court could
not punish the act, ncitherifitwas done IN.
the limits oil the arnory atstlarpcr's Ferry, it
could not. Attorney General Gushing, had de.
cded this point with regard to the armory=
grounds at Harper's Ferry, which opinion was
read to the jury, showing that persons5r esidlng5
H@tn5n tue limits OF the aruory cannoteven be
taxed by Virginia, and that crimes committed
within said limits are punishable by the Federal
courts Although the jury may have a doubt
about the law on this subject, they must give
the prisoner the beneft.of that doubt. Upon.
the last count, that of murder, the crime wa s
committed within the limits OF the armory, this.
court has no Jurisdiction, and us insthe case of.
Beck ham IT was committed on the railroad
bridge. 1t was committed within tile State Of
Maryland, whichState claims Jurisdiction up 10
the armory grounds. Although lie NAV. be
guilty OF murder, itztnust be proycnzthat it was
wlltul, deliberate and preneditntcd murder to
make it capital offence; if otherwise, the kill
ing was murderin the second degree, punisha-.
BILE by imprisonment. If.there is any doubt ON
these points, you must give that Doubt 10 the
prisoner. tie was satisfied that tho jury will
not allow any outside excitement to effect them
and that they will do their duty faithfully and
lmpartally
Bolts, in reviewing thc=law bearing on the
case, eVinced determination to avail himselfOf
every advantage thatsthe law. allows and to do
MS DUTY 10 the prisoner earnestly aud faithful
~. IL was due TO the prisoner to state that he
believed himself to be sctuuted by the noblest
feelings that ever courScd through ashumnn
breast transformations were to destroy neither
property nor life. They wouldzprovc by those
gentlemen who were prisoners, that they were
treated with respect aud that they were }kept=in#
positions of safety, aud that no violcnce was
oHered to them. These facts must be@taken.
lnto consideration and have their due weight
with the jury.
During The session of court on Wednesday
afternoon, the prisoner laid with his eyes closed
though evidently not much injured. lie is de-
tef'nlned to resist the pushing Of his tlial by
atsmeanS in his power. Tho Jury were then
called aud sworn. The court excluded those
who were present at Harpcr's Ferry, and also
those who had formed or expressed any opinion
itnat would prevent them deciding the case itt,.-.
partially. Ewenty-four, mostly farmers from a
distance, some owning Il few slaves, were Sc
tected as competent jurors. OutzOf these the.
counsel e! for the prisoner struck otfeight Of them
Twelve were selected by ballot from the remain
ing sixteen as follows: Richard Timberlake.
Joseph Myers, Ihos. Watson, Jr., Isaac Dast.
John Q. Mcclure, VIM Rightstonc Jacob S.
Miller, fhos. OSBORNE Geo 81. Bower. J0lIn5C
Melshire, Geo. w. Topp and w. A. NIorhn.
Inc JurySwcre not sworn on.the case, but the
Judge charged them not to converse upon the
case, nor to permit others to converse with
them.
his purpose to
avoid anything by way of argument or cxpla
nation not Immediately connec4ed with the par
tlcuar issue to be tried, and to march straight
forward to the attainment, so far as NAV besin
our power, OF the ends ofjusticc BY either con.
yIctinS or acQuitting the prisoners at the bar.
lie proceeded to the question of jurisdiction
over the Armory Grounds, and examined the
authority cited on the otlcrside by an Attorney
General Cushing Tie latter. was able man
but come from aaregion Of country where the
opinions are very different from ours in relation
to the powers Of the Federal Government ms
etteeting the State rights. Our courts have
decided adversely to Mr.. Gushing's views. For
all time past the Jurisdiction Of this court Of
Jefferson County il regard to criminal offences
committed at Harpcr's Ferry, has been min.
terrupted aud unchallcnged whether they
were committed on the government property Or 1
not He cited an instance which occurred 90
years ago, whore an atroci0uS murder was
committed between the very shops in front OIL
which those men fought their battles, aud the |
criminal wasztrIed here, convicted and executed. 4
under our laws There was broad dis tinct;on
between the cessation of Jurisdiction by Vir>
GINA to the Federal Government, and the mere
assent of States that the Federal Government
should become a land spoiler within its limits.
The law of Virginia by vrtueof which the
grounds at lIarpor's Ferry, were purchased by
the Federal Government, coded no Jurisdiction.
Brown was also guilty on hiS ONrn mi 0ri0rs