The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-06-05

A TRIAL FOR TREASON AT UIsCISSArI--A
man named Ogilvie Byron Young is on trial
before the United States Court in Cincinnati
on Il charge of treason. Senator Green of
missouri, is to be 4 witness in the case, an at
tachmant having been issued against him
The United States District Attorney, in his
opening statement to the jury, stated that the
offence called misprison Of trea son has existed
as Common Law for centuries and is of two
kinds; II Is either positive or negative. Posi-
tive misprison is where one commits an act
which he is by law prohibited from doing -
Negative mIsprlson Is where one fails 10 make
known the crime of others. No other crime
save that OF treason, can be negative mispris-
on, All others are positive, and we expect to
show that the defendant, Ogiiyie Byron
Young, has been guilty of this crime in con-
ceailng the names and places OF abode of per-
sons who We're ieyying war against the United
States, and atording aid and comfort 10 its
enemies. We expect to show that Young is
native of Virginia; that he resided some time
at Cape Girardeau, and afterwards in Ala
bama, in the service of the so. called Confede-
rate States of America, and was in CORES
pondence with persons guilty of reasonable
acts. That he came to Ohio about A prii 1st
1861, Tor the purpose OF giving aid and com
tort 10 these persons, aud that he never di-
yulged their names.
Hon. William Nj. Cory, for the defence
said the prisoner stands on the defence arraign-
ed under the act of l19O-an act threescore and
ten years old, and one which cont tains the de-
npltion OF q negative crime. The Government
has grasped the horn of the dilemma which
~ calls negative misprison, and it is bound to
prove that the defendant did not communicate 10
his knowledge to the President of the United
States, 10 any OF the judges thereof, to the
Governor of any State, 10 any judge or 70 any
justice. In short, it has got 10 prove a mega
tive, the hardest thing in the world To prove,
and, more than that, n hundred OF them: and
how they win get along with il remains to be
seen.
The Commercial gives the following brief
sketch of the 4yldnnca a Lau IRE 1.x, .
the trial
Somewhere about the first of April last the
prisoner took lodgings at the Spencer House.
registering his lame as being from Missouri.
He remained there until the sd Of April, hav-
ing IN the meantime made the aeauain taace of
u fellow guest, TO whom he sta ted that il was
"nothipg but nuts and cheese" for the Sou tn
10 whip the North, aud that he was 10 take
command OF the Texas Rangers and march To
Washington. a nice little squabble was had
by the lawyers as To the reie vaney of alt this
Many keeb thrusts We're made, and about
wheelbarrow load of books used in the con-
troyersy.
Judge Johsson maintained that III the prise
ner knew that u regiment, OF a company or a
squad CT men We're going to march on Wash.
ington, or lombard CINCINNATI, or arun q
piow snare throngh It's boulders," as a certain
potitieiap once said, and had sufficient know.
ledge OF their intention 10 expect to lead them
there, ne knew enough 10 tell, and was guilty
IL he did not.
The Court refused 10 sustain the objection.
~ Also appeared that at the time of his arrest
quantity OF papers We're found ON his per-
son among which were three letters from l..
=. w Waiser, Gov. Pe,tus, OF Mississippi, and
Senaloi Jamea Green, and that he claimed To
oe indignant at Jetf. Davis for not having
ianuea the bargain between himself and
MaiAer. Davis. he said, rendered him an Of
nee oi lower rank In the service Of the Uon.
federate States than that which he shou IA
nave heid, and they had . rupture In conse.
lusnce. Ths contents Of these letters have