Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1859-11-03

with these are the punishment for rape. Several
OF the charges Of the indictment, if proven, being
death, all these charges would be distinctly prov
en- beyond the possibility of doubt on the mind
Of the jury. He would show that the prisoners
whole object was to rob our citizens oftheir slaves
and carry them off by violence, and he was happy
to say against the will of the slave, all Of them
having escaped and rushed back to their masters
at the first opportunity. d
He concluded by urging the jury to cast aside
all their prejudices and to give the prisoners
fair and impartial trial. Not to allow their hatred
Of Abolitionists to influence them against those
who have raised the black flag Of rebellion in
the soil of this Commonwealth.
Mr.. Green, on the part Of the prisoner, arose
and addressed the jury, giving to them the law
applicable to the case. He said that the jury
must bear in mind that they are judges Of the law
and the facts. and that if they have any doubt as
to the law Of fact of the guilt Of this prisoner they
are to give the prisoner the benefit Of that doubt
The first charge Of treason, as o specific act Of
treason, must be proven. It must be proven that
he attempted to establish separate and distinct
Government. And it must also be proven what
was the purpose of the reasonable acts, before
you can convict him on these charges. Hit isin-
tended TO rely on his confessions 10 prove treason,
the law distictly says no conviction can be made
on confessions unless made in open court. There
must be sufficient evidence to prove the charge,
independent of any confessions out Of the court
And it requires two distinct witnesses to prove
each and every act of treason. Second, conspir-
ing with slaves to rebel and make insurrection.
The jury must be satisfied that such conspiracy
was done within the State of Virginia and within
the Jurisdiction of this Court. If done in Mary
land this Court could not punish the act, as, also,
if done within the limits Of the srmory at Har-
per's Ferry, it was not done within the jurisdic-
ton of this State, the Government Of the United
States holding exclusive jurisdiction within said
grounds. Attorney General Cushing had decided
this point with regard to the armory grounds at
Harper's Ferry, (which opinion was read to the
jury,) showing that persons residing within the
limits of the armory, cannot even be taxed by
Virginia, and that crimes committed within the
said limits are punishable by the Federal Courts.
Although the jury may doubt about the law on
this subject, they must give the prisoner the ben
eft of that doubt.
Upon the third count, that of murder-if it was
committed within the limits Of the armory, this
Court has no jurisdiction. And, in the case OF
Beckman, if killed on the railroad BRIDGE it was
committed within the State Of Maryland, which
State claims jurisdiction up to the srmory grounds.
Although be may be guilty Of murder, it must be
proven willful, deliberate and premeditated muir
der, to make it capital offence. If otherwise,
the killing was murder in the second degree, pun
isbable by Imprisonment. If there is any doubt
on these points, you must give that doubt to the
prisoner. He was satisfied the jury will not al
low any outside excitement to affect them. That
they will do their duty faithfully and impartialy.
Mr.. Bolts impressively addressed the jury
The case, he said, was an unusual one The
crimes charged, were, in many respects, un-
known to jury trial-calling for calm, unimpas-
stoned deliberation, and not q seizing upon loose
statements for conviction. The jury must rise
morally above all prejudices and influences, and
deliberate calmly. free of oil resentment, and
bear in mind that the mission of the law is not
to wreak vengeance, and that the majesty Of the
law is best maintained when judges, counsel and
Jury rise above these influences. The burthern
of proof is on the Commonwealth, and if she fails
to substantate her charges, you are bound to do
your duty impartially, and find your verdict on
the law and testimony that the Commonwealth
may be able to present you.
He then proceeded to 60 over the same grounds
taken by Mr.. Green on each Of the three points
of the indictment-treason, insurrection and mur-
der. 1t is no difference, he said, how much the
Jury may be convinced in their own minds of the
prisoner, it is essential that they must have proof
POSITIVE OF tne Rulit III CdSe uhe tnlS, lufoiFluS
both life and liberty.
Mr.. Bolts, in reviewing the law bearing on the
case, evinced O determination to avail himself of
every advantage that the law allows and to do his
duty to the prisoner earnestly and faithfully.
Mr. Hunter followed, stating his purpose to
aviod anything by way of argument and explana-
ton Immediately connected with the particular
issue now to be tried, and to march straight-for-
ward TO the attainment, far as it may be in our
power of the ends of justice by either convicting
or acquitting the prisoner at the bar. With
single preliminary remark, explanatory Of his po-
sition here as assistant of the prosecution, which
had been assigned to him by the Governor of the
Commonwealth, as we'll as bis Honor the Judge,
he passed at once to q review of what was the law
in reference to the case, and what he expected to
be able to prove to the satisfaction Of the jury.
He thought his frieuds on the other eide were
totally mistaken in their view that the law, as it
now stands on statute books in reference to overt
acts, was, either in language, or substance, that
contained in the Constitution of the United States.
On the contrary, the phraseology had been varied
from the Constitution, and as he conceived. for
plain and palpable purpose-that all the powers
vested in the Federal Government were given with
grea, jealousy. This was historical fact, per-
fectly familiar, and consequently, while treason
against them, or in adhering to their enemies and
giving them aid and comfort-and there is pro-
vision that no person shall be convicted Of treason
unless on testimony of two witnesses of some overt
act, or confession in open Court yet the State law
is more full, and includes within its definition of
treason also the establishing without authority of
the Legislature, any Government within its limits,
separate from the existing government, or holding
or executing of such usurped Government any Of
fee protesting allegiance or fidelity to it, or re-
sistng the execution of the laws under color ofits
authority.
And it goes on to declare that such treason, if
proved by the testimony of two witnesses to 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 all of these acts, which
would be proved in the clesrest manner, not by
two, but by dozen witnesses, unless limited by
q want of time.
The prisoner had attempted to break down the
existing government Of the Commonwealth and es
tabhsh on the ruins new government. He had
usurped the Office Of Commander-in Chief Of this
new government, and, together with his whole
band, professed allegiance and fidelity to it. He
represented not only the civil authorities Of the
State, but our own military. He is doubly, trebly
and qundruply guilty Of treason.
He proceeded again on the question of jurisdic-
ton over the Armory grounds, and examined the
authority, cited on the other side, Of Attorney
General Gushing. The latter was an able man.
but came from region of country where opinions
were very different from ours, in relation to the
powers of Federal Government as affecting State
Rights. Our Courts have decided adversely to
Mr.. Cushings views. In all time past, the juris-
diction of this Court of Jefferson, in regard to.
criminal offences committed at Harper's Ferry
has been uninterrupted and unchallenged, wheth-