Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1908-06-13
JOHN BROWN JURY
Only Survivor Tells Some interesting
Incidents In Connection With
Trial Of Famous Raider.

raider. continues in excellent health
at his home in Delaplane, Fauquier
county, Virginia. A few days ago he
was IN Washington. and recounted the
history OF the Brown trial. The jury
which tried Brown, nd OF which Mr..
Martin is now the only living mem
Der, was composed of John C. Witt
shire, foreman. Geo. w. Boyer, Thos.
Watson, Jr., Geo. w. Tabb, John C.
Mcclure, Richard Undertake, Joseph
Myers, Thos. Osborne, W. A. Martin.
Isaac Dust William Rightstine and ].
j. Miller.
| Only one Of these jurors afterward
served in the Confederate army, be-
cause, as Mr.. Martin explained, most
of them were over the age for mill
tary enlistment, while others were
merchants who were exempt in the
| first years of the war. Nor did any
but one member OF the jury meet
with horrible deaths or "retributiye
disaster in after years, as has been
widely published.
Isaac Dust lived to be ninety-three
years of age Mr.. Martin said, while
am seventy-seyen, and still hale,
hearty and happy. Tab5 Undertake,
Mcclure and Wiltshire all lived to
reach the seventy-five mark, and the
remainder lived to pass over sixty
five years. The statement that has
been made that men OF mature age
could not be procured for the Brown
| jury and that the twelve jurors were
inexperienced striplings is also false.
They We're responsible men and re-
putable citizens of the community in
which the offenses were committed.
1t must be remembered, too, that
John Browns offenses were not alone
against the state of Virginia and the
Shareholders. When he seized the
government arsenal at Harper's Ferry
he committed a most unlawful act
against he United States'
John Brown, at the conclusion OF
his trial when the jury had pronounc-
ed him guilty as indicted, did not
call down the wrath Of heaven or
utter an anathema against the twelve
men, as has been said. He received
the verdict in glum silence. Accord
ing to the laws OF Virginia culprit
could not be executed until thirty
days had elapsed since his conviction.
The authorities hanged him the
Thirteenth day after sentence had been
pronounced against him. He was
executed by himself, the others being
taken to the gibbet in due course OF
time after their conviction. did no,
see any OF the hanging, but made
haste to my home after the trial. The
trials and executions were held at
Charles Town, the county seat, seven
miles from Harper's Ferry. The town
was filed with excited men and wo-
men, and great caution was taken
to prevent violence to the prisoner,
who was roundly denounced by all.
The jurymen were kept locked up
in the attic of an old tavern, and on
Sunday Judge Parker gave the
sheriffs who were guarding us per-
mission to take us to a meeting in a
Presbyterian church, where we, heard
old Elder Dutton preach. but he was
not allowed to refer to the trial in
his sermon. The only juror who en-
tered the Confederate army was j.
W. Boyer.
Mr.. Martin also related piece OF
unwritten history concerning the
trial. He said the jury came near
being hung by the attitude of one
of the members who could not under
stand Judge Parker's charge that IF
the jury found from the evidence that
John Brown was guilty they should
find him guilty and nothing more;
that If the evidence showed him to
be not guilty, the jury should so find
and nothing more. One of the jury
men construed the courts remarks to
mean that there might be a loophole
through which the prisoner might es-
cape hanging He wanted him exc
cuted. This was Strengthened out by
the Judge, who informed the juror
that sentence of guilty carried with
it the death penalty This suiteI the
juryman and he voted with the others
for conviction. Mr.. Martin will be
seventy seven years old in July next.
Big Passengers on 3. and o. Train.