Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-11-01
Gatsst bp GtIrgrdpb.
Examination ofshe TnsurreotiOnists
CHARLESTON, Oct ~.

CHARLnsfoS, Oct 20.
The court met At Q o clock this morning
The prisoner was brought In and the trial
proceeded without delay Brown looks bet.
ter than before, and his health 10 evidently
improving. he laid in the bed as usual
The Cour. House and its approaches we're
deneely crowded
Mr.. Griswold opened for the defence, sak,
ing up the several charges OF the indictment
and replying 10 the points made in the ope-
ming argument ofthe prosecution. He al
luded TO the peculiar circumstances sur,
rounding the present case, and hoped the
jury would give quiet, calm and dispassioni
ate attention, diverting, as far as possible
their minds from all prejudice, and disre-
garding outside influences. Let the priso.
ner hayo an impartial trial under the laws
Of Virginia, and lot him DO acquitted or con-
yicted according to those laws and the evi-
dence given In The oase
in 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 Commonwealth,
and none but citizen Of the Commonwealth
could commit treason. Never having sworn
allegiance to Virginia ho could not be a rebel
against her authority lie was also, charged
with levying war against the State, but the
evidence given did not support the charge.
! There was a great difference between ley-
ying war aud resisting authority by men
+who are eoDgregated together to perpetrale
crime and have their rules and regulations
When they arc assailed they defend their
lives TO the utmost sacrificing their own and
intending to sacrifse the leyies of others, but
that ID resisting not levying war. lie would
not shrink from the admission and the pris,
oner had openly admitted it that those men
camo for tho purpose OF running away
slaves
That was crime underthe laws Of Yir.
ginia TO which the prisoner was amenable
to the extent Of their laws In carrying out
that purpose, he temporarily took possess
ion OF the arsenal at Harper's Ferry while
these attempts were made 10 arrest him.
MIR. Griswold had no complaint to make
about that but il was in resisting those at
tempts that the blood was shed and the lives
taken. In levying war against the common
wealth Of Virginia it was in resisting that
which was plain to be the legal authority Of
Virginia seeming to arrest these men assem-,
bled in violation of law.
Such things have often happened; jails
have been broken open, men taken there.
from and executed in defiance of facts eff
ter being acquitted by jury Of their coun-
; trymen and the power Of the sheriff tram'
= pied under foot, Neither dues it constitute
the levying Of war, j ( murder ensues, be-
cause the commission of the offence of shed-
ding blood may not have been contempla-
ted.
IL IS said there was an organized govern.
ment--a pamphlet il referred to as evidence
4 OF that fact, but it does not necessarily fol-
low that the overthrow Of the commonwealth
OF Virginia was contemplated, by anything
that appeared on that book the most harm,
less organization in the country have beer
created with all the outside forms and ma,
ohinery Of government
, In debating societies, governments have
been established Congresses elected ant
laws discussed, and any one reading tn,
bulletin OF these associations and knowinl
nothing about them, would suppose then
miniature governments organized within thu
limits Of the existing government No mat
ter what names or what officers they NAV
have, that Of itself is not sufficient. Band,
q Of robbers or desperadoes have their ruleI
and regulations, their officers, and prescribe
death as the punishment for violation O
their laws, but that does not imply that the,
contemplate the overthrow Of the Legitimate
government
I. IL is only an association or government :,
control themselves in their intercourse witt
each other.
lie further argued that the Jury could no
5, find Brown guilty OF treason, unless they fint
him guilty OF associating with others to or
ganize government to subvert and over
throw the government of Virginia, but if th
>, pamphlet proves anything, it shows that al
attempt was made to organize government
in opposition to the United States and no
Virginia. for all the tools used, and all tn
!, officers appointed, have reference to gov
ernment like that Of the United States, bu
: it was vague, unmeaning language, whicl
really proves nothing at all However ther
was n clause in 1t which must be taken, for
was oil in evidence.
lie referred to the distinct and positiy
statement that it was not contemplated +
overthrow the State Government, but sim
ply the amendment and repeal of obnoxiou
y laws in a constitutional manner The learn
J ed, attorney who opened the case seemed +
occupy tae ground entirely not even goin
over the evidence wherein the treason wa
Is proved
He said the prisoner was guilty Of givin
aid and comfort to the enemies OF the Com
monwealth, and that was the only spC @ iica
F, ton he made, charging the defendant wit
treason, He was surprised to hear that gen
tleman burst forth in such sublime apos
trophe to freedom, in terms and Language
and with action of such surprising eloouenc
that no ono need be told that he receive
inspiration in the land that burns the ashe
!, of Patrick Henry.
He alluded to his distinguished associat
for the prosecution, who had brought int
Z his remarks the dishevelled tresses Of fright
ened beauty.
lie proceeded to consider the charge q
conspiring with slaves He said that ther
was manifest distinction between the Ell
forts to run of slaves or start slaves, ant
conspiring TO induce them to rebel
Rebellion and usurpation was rising ur
not to run away, although freedom nigh
be the ultimate object but rising up agains
the masters, against the whites, against th
State. 1t contemplates not rapine murder
arson and oil the crimes which follow insur
rection, and more especially seryils insur
rectioni the question was as to the subieo
r and intention, Has any man testified augh
ce going to show that Brown or any one will
as him, said or did one thing to Induce an,
er slave to rise in rebellion or perpetratei an
ly act out of which rebellion grows.