The Evansville daily journal., 1859-10-28
! { NOT seizine upon loose statements to induce.

! not Selling upon loose statements to induce.
a conviction The jury must be; morally
ABOVE al prejudices and influences, and de-
llberaie calmly; .free from all restraint, =
b airing in mind that the mission Of the
law is not to seek vengeance, and that the
majesty Of the' law is best maintained, when
judges, counsel and Jury, rise above tnose
Influences ~ En-d1 SOC 80 faAfA"3 d
The burthen of proof Il on the Common,
wealth, and if she Eiils 10 substan,iate her.
charges. you are bound to do your duty inn
partially and find your verdict on the law
and the testimony that the Common
wealth may be- able to- present you. He
then proceeded to go over tle, same grounds
taken by Green, on each Of the points of
the indictmeut--treason, insurrection and
murier. He said it is no difference low
much tue jury may lie convinced in sther
own minds of the guilt of the prisoners, it
is essential that they must have proof OF
positive guilt. Bolts in reviewing the law
hearing on the case, evinced a determine
tOn to avail himself Of every advantage
hat the law allows, and do his duty TO the
prisoner, earnestly and faithfully ,-.asf - 2
1t was due to the prisoner to state that he
believed himself to be actuated by the gh-
est and noblest feelings that ever coursed
through a human breast. His Instructions
were to destroy neither property nor life.
They would prove by those gentlemen who
were prisoners, that they were kept in po-
sitiOns of safety, and that no violence was
offered them. These facts must be taken
into consideration, and have their due.
weight-with the jury 4. sL4f o. tHa 80
Mr. Hunter followed, stating his purpose
10 avoid any thing by way Of argument or
explanation not otimmediately connected with
the particular issue to be tried, and to
march straight forward to the attainment, SO
far as may be in our power, of the ends uof
Justice, by either eonvicting or acquitting
the prisoner ut the bar With asingle pre-
liminary remark, explanatory of his posi-
ton here, as an assistant prosecutor, which
had beenassigned TO him by the Governor
of the Commonwealth, as well as by his
Honor, the ! udge, he passed at once TO a re-
view Of what was the law in reference TO
the case and what he expected to be able to
prove TO tie satisfaction of the jury: LIST,
rs TO high treGson,4 Tins vas probably
the first case OF high, treason or treason
against the State, thar saui ever been tried
here 10y our State Courts. and he feIytntly
hoped that it would Ie-ther last, Ile. thoaght
his friends on the other side were totally
mistaken in the view, that the law, ns II now
stands upon the statute book, with, reler-
cree to overt acts, was either ainiz the
language of that contained in the Constitu-
tion of the United States. On the contrary
.al
Constitution, and, as he conceived, for q
plain and palpable purpose. All the powers
vested in the General Government were
given with great Jealousy. This was an
historical fact, perfectly familiar, and conse-
quently while treason against the U. >. con-
sists only in levying war against them, or ad-
herring TO their enemies, or giving them aid |;
there is provision that no. person shalt
be convicted of treason unless on the testi-
mony of two witnesses, or 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 the authority of the Legislature,
any government within its limits separate
from the existing government, or executing
under such usurped government of an officer
| protesting allegiance or fidelity to it, or re-
stricting the execution of the law under the
color of its authority; and goes on to declare
that such treason, if proved by the testimo-
ny of two witnesses 10 The same overt act,
( or by confessionsin Court, shall be punished
by death. Any one of these acts, constitute
| treason against this Commonwealth, and be
! believed the prisoner had been guilty of
each ard all these acts, which would be
proven in the clearest manner, not by two,
Z but by dozen witnesses, unless limited by
the act of time. The prisoner had attempted
to break down the existing government of
the Commonwealth, and TO establish on its
ruinssa new government. Ee had usurped
the Office of Commander-in-ehiefof of the new
government aud together his whole band
proposed allegiance and fidelity TO it. He
represented not only The civil authorities ol
the government but cur own military He
is doubly, treblyr and quadrapiy guilty 81
treason 80 .. e.se,- esaisH ara s.sH.-r d
Mr.. Hunter proceeded again TO The ques-
ton Of Jurisdiction over the armory grounds
and examined the authority, cited on the
other side, of Attorncy-General Cushing.
The latter was an able man, but came
from region of country where the opinions
are very different from ours in relation tc
the powers of the Federal Goyernmen
as affecting State rights. Our Courts have
decided adversely to Mr.. Cushings views
For all time past the jurisdiction of .thi
Court of Jefferson county, with regard Il
criminal ofienses committed Is; Harper
Ferry. has been Uninterrupted AID unchal
lenged, and whether they were le,Immitte,
on the government property or tof, II
cited an instance which occurred - year
ago, when an atrocious. murder was com
nitted between the Ferry shops, at. whicl
these men foug ut their battle, and the Grim
, inai was tried here, convicted, and execute,
under our laws There was broad distinc
ton between cessation Of jurisdiction b
. Virginia to the Federal Government
and the mere assent of States, tha
, the Federal Government should be
, come a land owner within its limit;
The law of Virginia, by,yirtue of whicl
f the grounds at Harpers Ferry were pur
chased by the Federal Government, cede
) no Jurisdiction. Brown was also guilty O
his own notorious confessions of advisin
5 the conspiracy. In regard to the charge c
| marder, the proof will be that this man Wa
{ not only actually engaged in numbering on
( citizens, but that he was the chief direc.o
! Of the whole movement. No matter whethC
Y he was present on the spot, or mile off, h