Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1859-11-03
The Harper's Ferry Conspiracy.
CONVICTION OF CAPTAIN BROWN.


toH Of PriSoH0r-Yerdict Gnity of Trcasos, Ia.
s~trrsctioH and Msuder-houoHJo for Arrest Of Jadq
dppcaL.
CuARLEsrowS, Oci. ~, Shp.-Thc court met at =
o'clock. The prisoner was brought in, aud the trial pro.
eeeded without delay. Brown looks better than hereto
fore. and his health Is evidently improving. lie laid OF
his bed AS usual. The court house and its approachc,
we're densely crowded.
OPENING FOR rur DEFENCE.
Mr.. Griswold opened for the defence, taking up the
several charges of the indictment, and replying to the
points made in the opening argument of the prosecution.
present case, aud hoped the jury would give it their calm
and dispaSsionate attention, divcstng. as FAR as possible,
their minds from all prejudice, and disregarding outside
influences. The prisoner was entitled to an impartial
trial under the laws of Virginia. and let him be acquitted
or convicted according to those laws and the evidence
given in the case.
With regard to the charge Of treason brought against
the prisoner, Mr.. Griswold argued that Brown could not
be guilty OF treason, as he was not a citizen of this Com
monwealth, and none but a citizen Of the Commonwealth
could commit treason; never having sworn allegiance to
Virginia, he could not be a rebel against her authority.
He was also charged with levying war against the State;
but the evidence given did not support the charge
There was a great difference between levying war and
resisting authority. Men congregatc together to pcrpe-
trate crime, and have their rules and regulations, and
when assancd they defend their lives to the utmost-Sac-
rhcing and intending to sacrifice the lives Of others; but
that was resistance, not levying war. lie would not
shrink from the admission, and the prisoner openly adj
mitted IL, that these men came for the purpose of run.
ming away slaves. That was the crime. under the laws
of Virginia, for which the prisoner was amcnable To pun
tshment TO the extent of those laws. In carrying out
taN purpose, ne temporarily TOOK possession Ot the arSta
nal at Harpers Ferry, and while there, attempts we're
made to arrest him. Mr.. Grisvod had no complaint to
make about that, but it was in resisting those attempts
that this blood was shed and lives taken, aud not in lew
ing war against the Commonwealth. Ii was resisting
that which was claimed to be the legal authority OF Nir-
gnil seeking to arrcs; those men assembled in violation
of law.
Such things have often happened. Jails have been
broken open, and men taken thence and executed in de-
hanee OF law, after being acquitted by a jury OF their
counirymen, and the power OF the Sheriff trampled under
foot Neither does it necessarily constitute levying war
1t murder ensues; because the commission Of the offence.
or shedding Of blood, may not have been contemplated.
II i said, here WAS an organized movement, aud a pam
phlct i referred 20 a. evidence Of that fact: hut IL does
uot necessarily follow that the overthrow of the Com
monwclth OF Virginia was contemplated by anything
that appeared in that book. The most harmless orgaui.
zatous in the country have been created with all the
outside forms aud machinery Of government In debat.
ing societies governments have been established. a con
Errss created, resolutions and laws discussed. and any one
reading the bulletins OF these associations. and knowing
LuthinE about them, would suppose them miniature
governments, organized within tic limits Of existing
governments. No matter what names, what officers they
may have, that OF itself Is not sufficient Bands OF rob.
her or deSperadoes have their rules and regulations.
their officers, and they have prescribed death a a pun
ishment for the violation Of their laws; but that does not
imply that they contemplate the overthrow Of the lecit-
innate government. Ii i only an association and govern
other.
lie further argued that the jury could not find Captain
Brown guilty OF treason unless they find him guilty OF
assOciating with others TO organize a government TO sub
vert and overthrow the government OF Virginia. But il
the pamphlet proved ANYTHING Il shows that the aitempt
was TO organize a government IN opposition to the 90
Ncrnment OF the United States, and not Of Virginia. for
all tbs .e'a1S used and all officers appointed have refer
ence TO a government Led tEat Of the United States. But
IT was in vague, unmeaning language, which really provs
However, there was a clause in it which must be taken
TO- IL was all in evidence. making a distinct and pos
tive statement that in contemplated no overthrow OF
the General or State governments, but simply amend
msni and repeal Of obnoxious laws in a constitutional
manner.
The learned attorney who opeaed the case seemed to
omit this ground entirely. Not even going over the cyi.
denee, TO show wherein this treason wa- proved, he said
the prisoner was guilty of giving aid and comfort TO the
enemies OF the Commonwealth, and that was the only
specification he made, charging the defendant with irrl-
son. He was not surprised 10 hear the gentleman burs;
forth in such a sublime apostrophe TO freedom in terms
and language aud with nm action OF such surprising elo-
quence that no one need be told he had received his in
spirauon in the land that uns the ashos Of Patrick Hen
~. He alluded also TO the distinguished associate for
the prosecution who had brought into his remarks the
dishevellcd trcsscs Of a frightened beau.y, and he pro-
cecded to discuss the charge Of ]couspiring With slaves
lie said there was a manifest distinction between un Of
Tort TO rue OF slaves Or steal slaves aud a cOnspiriug 10
induce them To ry,.t,. Rebellion aud iusurrccton va a
rising up, not TO run away, hithcH-h freedom might be
the ultimate object, but "a rising up against tnci. E.-s tiers,
a@Sissd%5s,, mmGiidEEF, &fFsoth' ana ai4GS I6}S!!ea uIt T. ff 99FFSSsTwrlatHg. #.
suTecnoa, more especially q .,rvle iusurrectiou.
Tue question was Us to the object aud the intention Of
the PITues. Has any man testified auEht going to show
thai Brown or any one with him said or did on, thing IN
iudUtr any saves 10 rise iu rebellion: or pcrpatr,tr any
offence out OF which rebellion grows Slaves were
tthcn possession OF for q temporary purpose aud placed
in the arsenal but. Col Washington. who knew mon
a'dut % than any other witness, testified tha, not a lave
tooA part IN the matter eXcep; Phil, who, at the zugyes-
non OF the prisoner, attempted 20 drill port holes iu the
engine house. That was not done TOR the purpose Of in.
direction or rebellion, but to protect themselves. True
they were engaged in an unlawful act. but it was not the
act charged. They were amenabis to punishment hut
not as indicted. They are punishable in some ways hut
no; gs charged.
Here tha counsel proceeded to consider the count
charging murder 20 tie first degree. This was a crime
involving prenediiatcd murder, b.. he argued that no
such malice had been shown. First. Heywooi rs
hH!ed. How 10 happened nobody knows. IL was done
ln the dark, Whether IL was an accidental or an iutau
uonal killing docs not appear in the evidence. or Ly
whom II was committee. Perhaps these men we're
guilty OF that killing in some form, but IL was not proved
10 ne murder IN "a" first degree. or from deliberate. r-a.
nea'ltel malice. u" could only say, a. Brown said 10
him, " why should We shoot a negro that was not our
object. lie did not Justify thesc men 60 -taving there
aud resisting the authority Of the country. nut he .,.I
Guns were fired Boz al directions, aud they fired. or ip.
Tended TO lire, only Oh armed mea. Without e1cusing
mat conduct for one moment, be would remark thlt It
r''n'"l tMe idea OF premediiated malice. They had not
time ir the thought and reflection which the law con.
itnp.uee-uIl ihrt he would say these men should he
allowed 10 come wituiH de Commonwealth Of VirgiDi1
p'fpetrafe these crimes, and 90 un-ui.. Of .r-rre-bgt
charge and convict them according To- their own ia.-
Virginia has laws and institutions sufficient for her pro-
ie'iou, ava sls has thrown over the lives Of her ~cifflars
eEeIE safeguard That sia csam- Necessary and essential
she las made laws necessary lus tie Protection Of nr,n.
eriy, and the punishment Of those who deprived owner
oi &C. IL Is the boast Of our institutions chat no man can
be punished beyond what the law require. and. if ill.,
A" De- NOT severe enough, within the Legislature ra.fs the
proprt remedy. Capt Brown knew be- was r,mmf.,fry
an oh'nre asaiust OBJ" lus for tire protection of slave
properly lie ha- repeated confessed &c.. and &C. willing
t' abide tie consequence but iud.Cth him DO, fh-t offence
and doHt convict him Of an offence Dc never dreamed Of
committing. Aqitng in the Circumstance surrounding
iWs case demands such q course ~! procedure. Tie pub.
Doe -aisiy doc NOT require him fJ be punished CONTRARY
O" ia". 10 % ulu of Che iud0riHf'r ,urlr. aud ..f..
v'r1ucr Of Capt Broau could Doe ,uasufd for five
months prosrcuuuE such 1000 ru,sfpn.r. and sri, -ti,c.
throughout The United States taeutyouc men-bllrL
ahd whi.s-Wheu there was nothing 600 the word q, op.
pose ht1. how, boo Heavens name. can DC be supposed.
WIN BIN aud ~, Dr. companions struck down. the south
H"hke and everybody on Soc alert for enterprises Of tbi.
lindr thai there BE- tte reIuDteaf danger ~ ..etter scheme
aHb 90 hms. 10 j. hardly necessary 10 make these 90.
marks ! vac the duty Of the jury to be blind 10 40
outside influence.
The phg.icll courage n those WHO suppressed the in-
.NfrertOu had been highly commended but moral r..s.
was superior, and that cOluge which can rp.i-t ORE.
JNIit' -rl passion. 1T simpl" Justice. then. be- mefai
OF ~ The prisoner &c. asked M more. lie called ol
'' jury 90 pre.cfgo lDrr gftls intact aud their honor
Nni5rushcd, 1ud tho reputation Ol the Commonwealth
I', lH'Icc, mlen1nmiF, aud rhigalry uustainad.
NJ 'srBwoid closed biz speech by -ayiug. on behalf of
I NM client H.-.N U HI