Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1860-07-11
The Examination of John b. Brown
--EIis Discharge.
[From tho Alexandria Gazette

In the County Court on Thursday last
justices Dixon, r.. NJ Smith, Garlin'
Smoot, and Moore, sitting as an examining
Court, took up the case of John B. Brown.
d"lrYman of Alexandria county, who
was committed to Jail, some time since, bv
!"s''ce fnce on the charge of bringing
ihcenalary documents into the State with
intent TO aid the purposes of the abolition
lSls. The Commonwealth was represented
by its Attorney. Mcssrs. Chiffon, Manru-
der and Brent appeared for Brown.
The CommonwCalth's Attorney opcncd
the case by observing that in the ubscncc
OF the certificate of the committing Mugis
'rate as required for law, he would use the
rtcognizancc Of Mr.. Brown, as to tho de-
slgn"tion of the offence charged. That
document charged the prisoner with
'havlEg in his possession certain books
entitled Compendium of the Impendinp
crisis OF the South" and copies of the New
York Tribune; which said books and papers
were written and printed with an intent to
"uEiSc ana lncitc negroes within this COM
monweaith to rebel, an; to deny the
rights of masters TO their slaves and to
advocate the duty of resistance to such
rights, and which said book and Dnycrs
were brought into this county of AlcXnn-
drit, State of Virginia, by j. b. Brown, he
well knowing the character and tendency
ol Salu book and papers at the time he
brought tile same into this county, and
intending thereby to aid the purpose Of the
abolitionists." lie would nut that on re-
cord rs the form of the Charge but he vas
not obliged to do so, for hc might wait
until the committing Magistrate furnished
the certificate
The Counsel for the defence contcnded'I
n Il l!. 4 lengthy discussion that the charge as
ing section of the code, Nhlchrtne cur
tended set forth quite a different offence
from that charged in tue recognizancc:
t'lfa free person write, print, or cause to
be written or printed, any book or other
writing, with intent to advise or incite ne
groes in this State to rebel or make in
Furrccton, or incalculating resistance to
the right of property of masters i'll their
slaves, OF if he shall, with intent to aid the
purpose of any such book or writing,
knowingly, circulate the same, he shall
be confined in the penitentiary not less
than one nor more than five years.
Mr. Stuart thought that if not 81 felony
the offence was ut least a misdemeanor.
Mr.. Chiffon argued that in that case, an
examining court had no jurisdiction OF the
case inusmuch as the county court could
try the question as an original one.
The Court, Justice Dixon dissenting, de-
the statute.
The testimony was then oponed for the
commonwealth, by the admission in evil
dence 10y conscnt) of the following notc'
under which package of books had been
delivered from the Office of the Adams
Express Company in Washington:
AGENT ADAMS EXPRESS COMPANY.-Early
last winter, n package of books as am
informed was sent to me at your office
from the city of New York, and the charges
thereon were paid. I gave my friend J..
lIornbrook an order for the package, and
lie informs me that he called, but, though
told the books were there, he could not
get them for the reason that they were
locked up and the person having the key
was absent. Will you please deliver them
to the bearer, John B. Brown, and oOlige
yours respectfully,
JOHN c. UHDERwooD.